reglab/housing_qa huggingface dataset:
NH Rev Stat § 161-C:4 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:4 - Creation of Support Debt.

    161-C:4 Creation of Support Debt. –||I. Any payment of public assistance made to or for the benefit of a dependent child creates a debt due and owing to the department by any responsible parent. Except as otherwise provided in RSA 161-C:5, the amount of the debt shall be equal to the calculation of a weekly child support obligation derived in accordance with RSA 458-C:3 as applied to the responsible parent's current income, multiplied by the number of weeks that public assistance was paid or the total amount of public assistance that was paid, whichever is less.||II. The court may consider the extenuating circumstances in RSA 458-C:5 when calculating the support debt to be paid by a responsible parent.||III. Any child support payments pursuant to a legal order of support which remain unpaid create a debt due and owing by the responsible parent in an amount equal to the amount of unpaid support.|||Source. 1977, 589:1. 1985, 331:8. 1994, 188:1. 1995, 310:175. 1996, 297:2, eff. June 10, 1996.|
NH Rev Stat § 161-C:5 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:5 - Limitation of Debt.

    161-C:5 Limitation of Debt. –||The following limitations shall apply to the debt created by RSA 161-C:4.||I. (a) An order of support, for which there is in effect an assignment to the department of health and human services pursuant to RSA 161-C:22, shall be suspended and shall not accrue, and no public assistance debt shall be incurred, during such time as the responsible parent receives benefits pursuant to Title XVI of the Social Security Act under the supplemental security income program or public assistance pursuant to RSA 167 under any of the following programs:||(1) Aid to the permanently and totally disabled.||(2) Aid to the needy blind.||(3) Aid to families with dependent children.||(4) Old age assistance.||(b) A debt previously incurred under RSA 161-C:4 shall not be collected from any responsible parent while that parent receives public assistance through any of the programs listed in RSA 161-C:5, I(a).||(c) The department shall not enforce any order of support against the responsible parent while that parent receives public assistance through any of the programs listed in RSA 161-C:5, I(a), whether or not an assignment of support rights to the department exists.||II. Upon entry of a legal order for support obligating a responsible parent to pay child support for the benefit of his or her dependent children for whom public assistance is paid, and for so long as such legal order for support remains in effect, the responsible parent shall not be responsible for additional public assistance payments.||III. When a periodic support payment has been established under RSA 161-C:8 the debt shall be limited to the amount stated in the decision.|||Source. 1977, 589:1. 1985, 331:22. 1994, 188:2, 3. 1996, 297:3, eff. June 10, 1996.|
NH Rev Stat § 161-C:5-a (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:5-a - Posting Security Bonds.

    161-C:5-a Posting Security Bonds. –||I. Any responsible parent who has accumulated an arrearage, pursuant to a legal order for support, in an amount equal to the support obligation for one month, may be required, if deemed appropriate by the commissioner or a member of the judiciary, to post a bond or security or to give some other guarantee to secure payment of the unpaid child support. When the posting of a bond is required by a member of the judiciary, the responsible parent shall be given proper notice of the proceeding.||II. The commissioner of the department of health and human services, shall provide prior notice to the responsible parent of the requirement for posting a bond or other security. Such notice shall provide information to the responsible parent regarding procedures by which the responsible parent may contest the department's action.|||Source. 1985, 331:9. 1995, 310:175, 182, 183. 1996, 297:4, eff. June 10, 1996.|
NH Rev Stat § 161-C:6 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:6 - Subrogation.

    161-C:6 Subrogation. –||I. The department shall be subrogated to the right of any dependent child or children or person having the care, custody, and control of such child or children to prosecute or maintain any support action or execute any administrative remedy existing under the laws of this state to obtain reimbursement of public assistance paid by the department, including, but not limited to, all remedies provided by RSA 167. If a legal order of support enters judgment for an amount of support to be paid by a responsible parent, the department shall be subrogated to the debt created by such order, and such money judgment shall be deemed to be in favor of the department. This subrogation shall specifically be applicable to temporary support and maintenance orders and alimony orders up to the amount paid by the department in public assistance moneys to or for the benefit of such children on the basis of providing necessaries for the caretaker of such children. The department shall not be required to seek an amendment to the legal order of support in order to subrogate itself to the rights of the payee.||II. Upon application for services by an obligee under the terms of RSA 161-B:3, together with such fees, if any, as have been established by the commissioner, the department is authorized to prosecute or maintain any support action or execute any administrative remedy existing under the laws of this state, including, but not limited to, all remedies provided under this chapter.|||Source. 1977, 589:1. 1985, 331:10. 1995, 310:175, 183. 1996, 297:5. 2001, 222:2, eff. Sept. 9, 2001.|
NH Rev Stat § 161-C:7 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:7 - Notice of Support Debt When Court Order Exists.

    161-C:7 Notice of Support Debt When Court Order Exists. –||I. When the department is subrogated to a legal order of support under RSA 161-C:6, the commissioner may issue to any responsible parent a notice of debt accrued or accruing under RSA 161-C:4.||II. The notice of debt shall include:||(a) A statement of the debt accrued or accruing under RSA 161-C:4;||(b) A statement of the terms of the order, including the names of the dependent children;||(c) A statement that any property of the debtor is subject to lien and foreclosure, administrative seizure and disposition, order to withhold and deliver, or other collection actions;||(d) A demand for payment of the support debt within 20 days of service of the notice of debt;||(e) A statement that the net proceeds of any collection action will be applied to the satisfaction of the support debt; and||(f) A statement of the procedures available for contesting the action.||III. Actions to collect any debt accrued or accruing under RSA 161-C:4 may commence after 20 days from the date of service of the notice of debt described in this section.||IV. If the commissioner finds that the collection of any support debt accrued or accruing under RSA 161-C:4 is in jeopardy, the commissioner may make demand under paragraph II for immediate payment of the support debt, and upon failure or refusal immediately to pay, the commissioner may file and serve liens pursuant to RSA 161-C:10 and orders to withhold and deliver pursuant to RSA 161-C:12. No action under RSA 161-C:13 and 14 may be taken and no demand made under RSA 161-C:12, VI until the notice requirements of paragraph II are met.|||Source. 1977, 589:1. 1985, 331:11. 1994, 398:4. 1995, 310:175, 183, eff. Nov. 1, 1995.|
NH Rev Stat § 161-C:8 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:8 - Notice and Determination of Financial Responsibility Where no Legal Order Exists.

    161-C:8 Notice and Determination of Financial Responsibility Where no Legal Order Exists. –||I. If no legal order of support exists the department may, by service on the responsible parent of a notice of hearing and finding of financial responsibility and by hearing and other procedures set forth below, require a responsible parent to appear and show cause in a hearing held by the commissioner why the finding of responsibility or the amount thereof, or both, is incorrect, should not be finally ordered or should be rescinded or modified. The commissioner after hearing shall establish a periodic payment to satisfy the responsible parent's support obligation under the laws of this state, establish the debt accrued or accruing, or both, under RSA 161-C:4, and establish a periodic payment to satisfy that debt.||II. The commissioner shall serve the notice of hearing and finding of financial responsibility not less than 20 days before the date of the hearing.||III. The notice shall contain:||(a) The amount the department has determined the responsible parent owes;||(b) A statement of the debt accrued or accruing, or both, under RSA 161-C:4 and periodic support payments in the future, all computable on the basis of the amount of the monthly public assistance payment previously paid, or need alleged and the ability of the responsible parent to pay all or any portion of the amount so paid or being paid or to be paid, or any combination thereof;||(c) A statement of the periodic public assistance, where appropriate; and||(d) A statement of the name of the recipient of public assistance and the names of the dependent children.|||Source. 1977, 589:1. 1985, 331:12. 1995, 310:175, 183, eff. Nov. 1, 1995.|
NH Rev Stat § 161-C:9 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:9 - Hearings.

    161-C:9 Hearings. –||I. The hearing shall be conducted by a hearings officer in accordance with rules for fair hearings adopted by the commissioner pursuant to RSA 541-A.||II. Within 20 days of the hearing, the person conducting the hearing shall enter a decision. The responsible parent shall be served with the decision. The decision shall include a statement of responsibility of the alleged responsible parent, and a statement of the periodic support payment, the amount of debt accrued and the periodic payment against the accrued debt.||III. The person conducting the hearing shall consider when deciding on the amount of periodic payment, at least the following criteria:||(a) The needs of the child;||(b) The income, real property and personal property of the responsible parent;||(c) The ability of the responsible parent to borrow;||(d) The ability of the responsible parent to earn;||(e) The amount of support debt accrued and accruing;||(f) The need of the responsible parent;||(g) The responsibility of the responsible parent for other dependents;||(h) The guidelines as established in RSA 458-C.||IV. If the responsible parent fails to appear at the hearing on the date specified by the notice of debt, the hearings officer shall enter a decision pursuant to this section. Within 15 days of a decision pursuant to this section the responsible parent may petition the department to vacate the decision for cause shown.||V. The decision of the department in the hearing shall establish the debt of the responsible parent. The department may collect the debt after service of the decision in the hearing without necessity of any further action by the hearings officer.||VI. A subsequent legal order of support shall supersede the decision to the extent the legal order of support differs from the decision.||VII. At any time after the entry of a decision either the responsible parent or the commissioner may petition for a modification of the decision based on a change of circumstances. In the event of any such petition a hearing shall be held not less than 15 nor more than 30 days from the date of service of the petition, unless extended for good cause shown. Prospective modification may be ordered, but only upon a showing of good cause and material change of circumstances.||VIII. All administrative support orders issued under this chapter shall be filed with the clerk of the superior court in the county where the obligor resides, and shall have the same force and effect as court orders.|||Source. 1977, 589:1. 1979, 248:1. 1985, 331:23. 1989, 360:5, 6. 1995, 310:175, 183, eff. Nov. 1, 1995.|
NH Rev Stat § 161-C:10 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:10 - Assertion of Lien.

    161-C:10 Assertion of Lien. –||I. Twenty-one days after service of notice of debt under RSA 161-C:7, or service of the decision under RSA 161-C:9, the amount stated in the notice of debt or in the decision shall be a lien against all property of the responsible parent and shall incorporate any unpaid child support which may accrue in the future. This lien shall be separate and apart from and in addition to any other lien created by or provided for in this chapter.||II. The lien shall attach to all real and personal property of the responsible parent when the notice of debt or the decision is filed in the county in which such property is located with the registry of deeds and with the office appropriate for a notice with respect to personal property and liens against earnings. The register of deeds or other appropriate agency shall keep a suitable record of such notices without charging any fee therefor and shall enter for the record an acknowledgment of satisfaction upon written request from the commissioner of the department of health and human services.||III. Whenever the lien has been filed and there is in the possession of any person having notice of the lien any property which may be subject to the lien, such property shall not be paid over, released, sold, transferred, encumbered or conveyed unless:||(a) A release or waiver signed by the commissioner has been delivered to the person in possession; or||(b) A determination has been made in a hearing pursuant to RSA 161-C:9 or by a court ordering release of said support lien on the basis that no debt exists or that the debt has been satisfied; or||(c) Such property is transferred or paid over to or by a person holding a prior lien on said property.||IV. The commissioner may at any time after the filing of a support lien serve a copy of said lien upon any person in possession of earnings or deposits or balances held in any bank account of any nature which are due, owing or belonging to the debtor.||V. No lien created under this section shall have priority over any prior recorded lien.|||Source. 1977, 589:1. 1985, 331:13. 1988, 234:1. 1995, 310:182, 183. 1997, 263:17, eff. Aug. 18, 1997.|
NH Rev Stat § 161-C:11 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:11 - Exemptions.

    161-C:11 Exemptions. –||I. Except as provided in paragraph II of this section, any property otherwise exempt from trustee process, attachment and execution shall be exempt from an order to withhold and deliver, administrative seizure and disposition, and lien and foreclosure. Insurance settlement payments for casualty loss to personal or real property and past or future medical treatment shall be exempt from this section. Reasonable attorney fees and expenses related to obtaining the insurance settlement or judgment shall be exempt from this section pursuant to RSA 311:13.||II. The following amounts shall be exempt from withholding and may be disbursed to the responsible parent whether such earnings are paid or to be paid weekly, monthly, or at other regular intervals and whether there be due the parent earnings for one week or for a longer period:||(a) If the responsible parent supports a second family, 50 percent of the parent's disposable earnings; provided, however, that if the arrearage is more than 12 weeks old, 45 percent of the parent's disposable earnings shall be exempt;||(b) If the responsible parent does not support a second family, 40 percent of the parent's disposable earnings; provided, however, that if the arrearage is more than 12 weeks old, 35 percent of the parent's disposable earnings shall be exempt.||III. Any lien or order to withhold and deliver served pursuant to this chapter shall continue to operate and require any person so served to withhold the nonexempt portion of earnings at each succeeding earnings disbursement interval until the entire amount of the support debt stated in the lien or order to withhold and deliver has been withheld.|||Source. 1977, 589:1. 1985, 331:14. 2003, 280:2, eff. Sept. 16, 2003.|
NH Rev Stat § 161-C:12 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:12 - Order to Withhold and Deliver.

    161-C:12 Order to Withhold and Deliver. –||I. An order to withhold and deliver property of any kind, including but not restricted to earnings which are due, owing or belonging to a responsible parent, may be served on any person when the commissioner has reason to believe that there is in the possession of any such person property which is due, owing or belonging to the debtor.||II. The commissioner may serve an order to withhold and deliver when a notice of debt has been served in accordance with RSA 161-C:7, or 21 days have elapsed from the date since a decision has been served under RSA 161-C:9. Service under this section may be made by law enforcement personnel or other agents authorized by the department.||III. The order to withhold and deliver shall also be served on the responsible parent.||IV. The order to withhold and deliver shall state the amount of the support debt accrued and accruing and the terms of RSA 161-C:11 and 19 and shall demand a listing of property, including wages, which is due or belongs to the responsible parent.||V. Any person served with an order to withhold and deliver shall answer the order within 20 days of service of the order and shall make true answers to the matters inquired of therein.||VI. Any person served with an order to withhold and deliver shall withhold immediately any property, including wages, due to or belonging to the responsible parent. After 20 days from the date of service of this order and upon demand of the commissioner, the property of the responsible parent shall be delivered forthwith to the commissioner.||VII. If the money is due under an express or implied contract or if money is held subject to withdrawal by the responsible parent, the money shall be delivered by check, payable to the department.||VIII. Instead of the property of the responsible parent, the commissioner may accept a bond conditioned upon final determination of liability.||IX. Delivery to the commissioner of the money or other property held or claimed shall satisfy the requirement of the order to withhold and deliver. Delivery to the commissioner shall serve as full acquittance and the state warrants and represents that it shall defend and hold harmless for such action persons withholding and/or delivering money or property to the commissioner pursuant to this chapter from and against any and all liability resulting from said delivery.|||Source. 1977, 589:1. 1985, 331:15. 1994, 398:5, 6. 1995, 310:175, 183, eff. Nov. 1, 1995.|
NH Rev Stat § 161-C:14 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:14 - Foreclosure on Liens.

    161-C:14 Foreclosure on Liens. –||Whenever a support lien has been filed, an action in foreclosure of lien upon real or personal property may be brought in the superior court of the county where real or personal property is or was located and the lien was filed and judgment shall be rendered against the obligor for the amount due, with costs, and the court shall allow, as part of the costs, the moneys paid for making and filing the claim of lien, and reasonable attorney fees, and the court shall order any property upon which any lien provided for by this chapter is established to be sold by the sheriff of the proper county to satisfy the lien and costs. The payment of the lien, debt, costs, and reasonable attorney fees, at any time before sale, shall satisfy the judgment of foreclosure. Where the net proceeds of sale upon application to the debt claimed do not satisfy the debt in full, the plaintiff shall have judgment over for any deficiency remaining unsatisfied and further levy and sales upon other property of the judgment debtor may be made under the same execution. In all sales contemplated under this section, advertising of notice shall only be necessary for 2 weeks in a newspaper of daily circulation published in the county where said property is located, and if there is no newspaper in that county, then in the most convenient newspaper having a circulation in such county. Remedies provided for in this section are alternatives to remedies provided for in other sections of this chapter.|||Source. 1977, 589:1. 1985, 331:18, eff. Oct. 1, 1985.|
NH Rev Stat § 161-C:15 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:15 - Redemption.

    161-C:15 Redemption. –||Any person owning real property, or any interest in real property, against which a support lien has been filed and foreclosure instituted, shall have the right to pay the amount due, together with expenses of the proceedings and reasonable attorney fees to the commissioner. Upon such payment the commissioner shall restore the property or any interest in such property to such owner and all further proceedings in the foreclosure action shall cease.|||Source. 1977, 589:1. 1995, 310:183. 1996, 297:7, eff. June 10, 1996.|
NH Rev Stat § 161-C:16 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:16 - Release of Excess to Debtor.

    161-C:16 Release of Excess to Debtor. –||If any person has, subject to any order to withhold and deliver, earnings, deposits, accounts or balances in excess of the amount of the debt claimed by the department plus $100, that person may, without liability under this chapter, release the excess to the responsible parent.|||Source. 1977, 589:1. 1995, 310:175, eff. Nov. 1, 1995.|
NH Rev Stat § 161-C:17 (2021)
2021 New Hampshire Revised Statutes|Title XII - Public Safety and Welfare|Title 161-C - Alternative Method of Support Enforcement for Dependent Children|Section 161-C:17 - Release of Lien or Order to Withhold.

    161-C:17 Release of Lien or Order to Withhold. –||The commissioner may release a support lien or order to withhold and deliver on all or part of the property of the responsible parent or return seized property without liability, if the commissioner deems adequate an assurance of payment or if the collection of the debt will be facilitated. The release or return shall not operate to prevent further action to collect from same or other property.|||Source. 1977, 589:1. 1995, 310:183, eff. Nov. 1, 1995.|