Bill Text: NH HB1716 | 2020 | Regular Session | Introduced
Bill Title: Relative to the treatment of veterans' disability benefits for purposes of determining child support.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-06-03 - Minority Committee Report: Ought to Pass [HB1716 Detail]
Download: New_Hampshire-2020-HB1716-Introduced.html
HB 1716-FN - AS INTRODUCED
2020 SESSION
20-3138
05/01
HOUSE BILL 1716-FN
SPONSORS: Rep. Baldasaro, Rock. 5; Rep. Wallace, Rock. 12
COMMITTEE: Children and Family Law
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ANALYSIS
This bill provides that a veteran's disability benefit shall not be considered as gross income for purposes of determining child support unless the veteran waived a portion of retirement pay for the disability benefit.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-3138
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Child Support Guidelines; Definition of Gross Income; Veterans Disability Compensation. Amend the introductory paragraph of RSA 458-C:2, IV to read as follows:
IV. "Gross income" means all income from any source, whether earned or unearned, including, but not limited to, wages, salary, commissions, tips, annuities, social security benefits, trust income, lottery or gambling winnings, interest, dividends, investment income, net rental income, self-employment income, alimony, business profits, pensions, bonuses, and payments from other government programs (except public assistance programs, including aid to families with dependent children, aid to the permanently and totally disabled, supplemental security income, food stamps, and general assistance received from a county or town), including, but not limited to, workers' compensation, veterans' benefits (except as otherwise provided in subparagraph (d)), unemployment benefits, and disability benefits; provided, however, that no income earned at an hourly rate for hours worked, on an occasional or seasonal basis, in excess of 40 hours in any week shall be considered as income for the purpose of determining gross income; and provided further that such hourly rate income is earned for actual overtime labor performed by an employee who earns wages at an hourly rate in a trade or industry which traditionally or commonly pays overtime wages, thus excluding professionals, business owners, business partners, self-employed individuals and others who may exercise sufficient control over their income so as to recharacterize payment to themselves to include overtime wages in addition to a salary. In addition, the following shall apply:
2 New Subparagraph; Definition of Gross Income; Veterans Disability Compensation. Amend RSA 458-C:2, IV by inserting, after subparagraph (c) the following new subparagraph:
(d) A veteran's compensation for service-connected disability shall not be considered as gross income unless the veteran waived a portion of retirement pay in order to receive such compensation, as verified by an apportionment review conducted by the United States Department of Veterans Affairs in accordance with 42 U.S.C. section 659(h)(1)(A)(ii)(V) and Informational Memorandum IM-98-03, dated September 25, 1998, as amended or updated by the Department.
3 Effective Date. This act shall take effect January 1, 2021.
20-3138
2/24/20
HB 1716-FN- FISCAL NOTE
AS INTRODUCED
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
