Bill Text: NH HB618 | 2023 | Regular Session | Introduced
Bill Title: Relative to wage garnishment with child support payments.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2023-08-30 - Subcommittee Work Session: 09/26/2023 09:30 am Legislative Office Building 206-208 [HB618 Detail]
Download: New_Hampshire-2023-HB618-Introduced.html
HB 618-FN - AS INTRODUCED
2023 SESSION
23-0089
06/04
HOUSE BILL 618-FN
AN ACT relative to wage garnishment with child support payments.
SPONSORS: Rep. Spillane, Rock. 2; Rep. Edwards, Rock. 31; Rep. Notter, Hills. 12; Rep. DeSimone, Rock. 18
COMMITTEE: Children and Family Law
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ANALYSIS
This bill adds restrictions to the circumstances for an income assignment.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
23-0089
06/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
AN ACT relative to wage garnishment with child support payments.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Assignment of Income; Notice to Parties. Amend RSA 458-B:2 by inserting after paragraph I the following new paragraph:
I-a. At the time of the divorce hearing the court shall notify each party that their income assignment of wages for child support will be automatic under RSA 458-B:2 unless both parties come to an agreement under another arraignment.
2 Income Assignment. RSA 458-B:2, II(a) is repealed and reenacted to read as follows:
II.(a) In the event that an assignment is suspended in the first instance, it shall take effect:
(1) At the request of the obligor;
(2) Upon a court finding that the obligor is in violation or contempt of an order of support;
(3) After notice and an opportunity to contest pursuant to RSA 458-B:5 and RSA 458-B:7, when the state has commenced payment of public assistance for the benefit of a child;
(4) When an arrearage period amounting to the support owed for 2-months or more has accrued;
(5) If the obligor resides out of state; or
(6) A court has imposed a protective order that is in effect and related to the order of support.
3 New Paragraph; Income Assignment; Department of Health and Human Services as Responsible Agency. Amend RSA 458-B:3 by inserting after paragraph I the following new paragraph:
I-a. The department of health and human services, division of child support services, shall develop a standard form to be presented at the final divorce hearing for waiving of garnishment of wages, with such form containing the following:
(a) The details of when garnishment of wages will become mandatory.
(b) Allowing for both parties to detail their preferred form of payment arrangement.
(c) Informing the payer that record keeping to prove payments in the event of a discrepancy is their responsibility,
(d) Informing the payee how to report missed payments by the payer.
4 Effective Date. This act shall take effect January 1, 2024.
23-0089
1/10/23
HB 618-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to wage garnishment with child support payments.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.
AGENCIES CONTACTED:
Department of Health and Human Services
