CHAPTER 370
SB 458-FN – FINAL VERSION
2010 SESSION
05/09
SENATE BILL 458-FN
AN ACT relative to enforcement of child support obligations.
SPONSORS: Sen. Houde, Dist 5; Sen. Fuller Clark, Dist 24; Rep. Gile, Merr 10; Rep. Arsenault, Belk 4
This bill provides that, in cases of unpaid child support, any lump-sum payment to the obligor shall be subject to an income assignment up to the amount of the arrearage.
This bill is a request of the department of health and human services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2901
05/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to enforcement of child support obligations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
370:1 New Paragraph; Income Assignment; Lump-Sum Payment. Amend RSA 458-B:1 by inserting after paragraph XI the following new paragraph:
XII. “Lump-sum payment” means any income paid or payable to the obligor as severance pay, accumulated sick pay, vacation pay, bonuses, commissions, or any other similar payments, excluding income paid or payable to the obligor as usual earnings on regular paydays and further excluding reimbursement for employment-related expenses incurred by the obligor.
370:2 New Paragraph; Amount Withheld. Amend RSA 458-B:4 by inserting after paragraph III the following new paragraph:
III-a. Notwithstanding and in addition to the provisions in paragraph III, where an obligor is not in compliance with a legal order of support, as defined by RSA 161-B:2, III, any lump-sum payment to an obligor shall be subject to an income assignment up to the amount of any arrearage.
370:3 Amount Withheld. Amend RSA 458-B:4, IV to read as follows:
IV. Notwithstanding [paragraph] paragraphs III and III-a, the total amount withheld shall not exceed the amount specified in 15 U.S.C. 1673(b).
370:4 Effective Date. This act shall take effect upon its passage.
Approved: July 23, 2010
Effective Date: July 23, 2010