reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-B - Support of Dependent Children › Section 161-B:6 - Financial Statements.

161-B:6 Financial Statements. –
I. Any parent or other person, against whom the department seeks to establish a support obligation under RSA 161-C:4 or RSA 161-C:8 and 9 as a result of such person's absence or failure to adequately support a dependent child, shall be required to disclose to the department the person's current monthly income or total income over the past 12 months, the number of dependents for whom the person is providing support, the amount such person is contributing regularly toward the support of all children, the person's current monthly living expenses, and such other information as is pertinent to determining the person's ability to support such children. Such statement shall be filed in a manner satisfactory to the department. Whoever knowingly fails to comply with the requirements of this section shall be guilty of a misdemeanor.
II. In all cases where child support obligations are payable through the department, the obligor and obligee are required to inform the department in writing of the following:
(a) Any change of address, within 15 days of said change.
(b) Any change of employment, within 15 days of said change.
III. In all cases where child support obligations are payable through the department, delinquent obligors shall submit a financial affidavit to the department with respect to both income and assets of the obligor, upon request of the department. The requested information shall be submitted by the delinquent obligor within 30 days of the department's request. Delinquent obligors shall not be required to file a financial affidavit more than twice each year.
IV. Any obligor or obligee who does not comply with the requirements of this section due to a willful failure to submit required information or by submitting false information shall be guilty of a misdemeanor.
Source.
1977, 589:1. 1985, 344:2. 1989, 360:1, 2. 1995, 254:3; 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-B - Support of Dependent Children › Section 161-B:8 - Rulemaking.

161-B:8 Rulemaking. –
The commissioner shall adopt rules under RSA 541-A relative to:
I. The establishment of reasonable standards to limit applications for support enforcement services under RSA 161-B:3, III.
II. The establishment of reasonable fees for support enforcement services under RSA 161-B:3, IV.
III. The manner and time for filing of financial statements under RSA 161-B:6.
IV. Access to the contents of confidential records or to information collected regarding the enforcement of support of minor children under RSA 161-B:7, III.
V. Amending the formula for the distribution of child support collected pursuant to RSA 161-B:5-a.
Source.
1983, 242:3; 291:1, II. 1995, 252:5; 310:22, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-B - Support of Dependent Children › Section 161-B:9 - Notice.

161-B:9 Notice. –
I. In all cases in which child support obligations are payable through the department, the obligor shall inform the court which issued the support order in writing of any change of address within 15 days of the change.
II. Each new order for support or outstanding order for support which is reviewed, modified or otherwise brought before the court shall include a provision ordering the obligor to comply with the provisions of this section.
Source.
1994, 398:2. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-B - Support of Dependent Children › Section 161-B:10 - Service.

161-B:10 Service. –
I. For all child support obligations payable through the department, service of all papers relating to the enforcement of an existing obligation for support including, but not limited to, hearing notices, support violation notices, show cause notices, and motions and notices pursuant to RSA 161-B shall be deemed legally sufficient service if mailed first class to the last address provided by the obligor to the court pursuant to this chapter, provided that the obligor knew of the obligation to report any change of address. Knowledge is presumed if the court, in accordance with RSA 161-B:9, notified the obligor of the requirement to report any change of address.
II. A court shall not stay the proceedings or refuse a hearing relating to enforcement of an existing support obligation when service has been made pursuant to this section.
Source.
1994, 398:2. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:1 - Purpose.

161-C:1 Purpose. –
Common law and statutory procedures governing the enforcement of support for dependent children by responsible parents have not proven sufficiently effective or efficient to cope with the increasing incidence of financial dependency. It is hereby declared that the common law and statutory remedies pertaining to desertion and nonsupport of dependent children shall be augmented by additional remedies directed to the real and personal property of the responsible parents. In order to render resources more immediately available to meet the needs of dependent children, it is the purpose of this chapter to provide additional remedies for the support of dependent children, which remedies shall be in addition to, and not in lieu of, existing law. It is declared to be the public policy of this state that this chapter be construed and administered to the end that children shall be maintained from the resources of responsible parents, thereby relieving, at least in part, the burden presently borne by the general citizenry through welfare programs. It is further declared to be the policy of this state that this chapter be construed and administered to the end that children shall be maintained from the resources of responsible parents, regardless of whether or not these children are recipients of public assistance.
Source.
1977, 589:1. 1985, 331:6, eff. Oct. 1, 1985.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:3 - Service.

161-C:3 Service. –
Service of any notice or lien described in RSA 161-C may be by certified mail, return receipt requested, by service in hand as specified in civil actions or by publication as specified in civil actions.
I.
Date of Service. Service shall be completed when the certified mail is received or refused or when specified in civil actions for service in hand or by publication.
II.
Branch Banks. Service on any bank or other financial institution maintaining branch offices shall only be effective as to the accounts, credits or other personal property of the responsible parent in the particular branch on which service is made.
Source.
1977, 589:1. 1994, 398:3, eff. Jan. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:3-c - Power to Subpoena Financial and Other Records.

161-C:3-c Power to Subpoena Financial and Other Records. –
Pursuant to the department's responsibilities, the commissioner shall have the power to subpoena any financial or other information needed to establish, modify, or enforce a support order.
Source.
1989, 360:4. 1995, 310:111. 1997, 263:15, eff. Aug. 18, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:3-d - Penalty for Failure to Comply With Subpoena.

161-C:3-d Penalty for Failure to Comply With Subpoena. –
Any person who owes or is owed a duty of support who knowingly fails to comply with a subpoena issued pursuant to RSA 161-C:3-c:
I. May be subject to license revocation under RSA 161-B:11; and
II. Shall be guilty of a misdemeanor.
Source.
1997, 263:16, eff. Aug. 18, 1997.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:3-e - Disclosure of Health Carrier Information for Medical Child Support Enforcement.

161-C:3-e Disclosure of Health Carrier Information for Medical Child Support Enforcement. –
I. Each health carrier, as defined in RSA 420-G:2, shall electronically cross-match claims data, policyholder, and subscriber information with the department of health and human services to provide health insurance coverage information, for the purpose of enforcing medical child support orders administered by the office of child support enforcement services under RSA 161-C:3-b, concerning individuals subject to an order to provide health insurance coverage for dependents administered by the office of child support enforcement services, or dependents covered by such medical support orders, in accordance with rules adopted by the commissioner under RSA 161-C:28.
II. Such electronic cross-match shall be made by any health carrier upon certification by the department that all persons identified on the electronic medium are individuals subject to an order to provide health insurance coverage for dependents administered by the office of child support enforcement services, or dependents covered by such medical support orders.
III. All information disclosed by the department for the purpose of the electronic cross-match shall remain property of the state of New Hampshire. Any health carrier, public agency, or contracted agent engaged by the department to perform the electronic cross-match shall purge any information received from the department pursuant to this section concerning individuals or dependents from its records and databases immediately upon the completion of the data match exchange.
IV. In any case where the department administers a medical child support order on behalf of a dependent child who does not receive temporary assistance to needy families or medical assistance, the transaction costs associated with the electronic cross-match shall be paid in advance by the custodial parent or guardian, and the non-custodial parent shall reimburse the custodial parent for such transaction costs.
V. Any health carrier who supplies information in accordance with this section and with rules adopted under RSA 161-C:28 shall have immunity from any civil or criminal liability that might otherwise be imposed or incurred.
Source.
2003, 145:2, eff. Aug. 16, 2003.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:3-f - Child Support Insurance Settlement Intercept.

161-C:3-f Child Support Insurance Settlement Intercept. –
The department may provide certain information to public agencies or its contracted agents in order to intercept insurance settlement payments or judgments claimed by individuals who are subject to a child support lien pursuant to RSA 161-C and who owe past-due support. The department may identify such individuals by name, last 4 digits of the individual's social security number or other taxpayer identification number, date of birth, last known address, employer, or any combination thereof. Any information provided by the department in accordance with this section shall remain the property of the state of New Hampshire and shall be purged by any public agency or contracted agent receiving said information upon completion of the data match exchange. The department may perform an audit to insure that any public agency or contracted agent has purged said information. The specific penalty for failure to purge the information shall be set forth in any contract or agreement between the department and any public agency or contracted agent made pursuant to this section. Any transaction cost incurred by the department related to the data match exchange shall be directly recovered by the department from any insurance settlement or judgment proceeds. Insurance settlement payments for casualty loss to personal or real property, past or future medical treatment, and a pro-rated amount equal to 185 percent of the self-support reserve defined in RSA 458-C:2, X for the period of lost work for which the settlement or judgment constitutes recovery 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. Any settlement, payment, or judgment received under the provision of this section shall be held by the department for 60 days prior to its release or distribution unless otherwise agreed to by the parties.
Source.
2003, 280:1, eff. Sept. 16, 2003.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 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.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:18 - Adjustment of Debt Payment.

161-C:18 Adjustment of Debt Payment. –
The commissioner may at any time consistent with the income, earning capacity and resources of the debtor, set or reset a level and schedule of payments to be paid upon the debt.
Source.
1977, 589:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:19 - Failure to Comply With Order or Lien.

161-C:19 Failure to Comply With Order or Lien. –
Any person who fails to answer within the time prescribed or fails to deliver property pursuant to an order to withhold and deliver or after actual notice of filing of a support lien fails to pay over, release, sell, transfer, or convey real or personal property subject to a support lien to or for the benefit of the responsible parent or any other person; or fails to surrender property under RSA 161-C:13, or fails to honor an assignment of wages presented by the commissioner, shall be guilty of a misdemeanor.
Source.
1977, 589:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:20 - Employee Protected.

161-C:20 Employee Protected. –
No employer may discharge an employee because any support lien or order to withhold and deliver has been served against the employee's earnings.
Source.
1977, 589:1, eff. July 1, 1977.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:21 - Assignment of Earnings.

161-C:21 Assignment of Earnings. –
I. Any person employing a person owing a support debt shall honor a duly executed assignment of earnings presented by the commissioner. This requirement to honor the assignment of earnings itself shall be applicable whether the earnings are to be paid presently or in the future and shall continue in force until released in writing by the commissioner. Payment pursuant to an assignment of earnings presented by the commissioner shall serve as full acquittance under any contract of employment, and the state warrants that it shall defend and hold harmless any person who honors the assignment of earnings for claims arising from the action taken in honoring the assignment. The commissioner shall not be liable for improper receipt of monies under an assignment of earnings upon return of any monies so received.
II. No employee shall be discharged by reason of any presentation of an assignment of earnings.
Source.
1977, 589:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:22 - Assignment of Right of Support Enforcement.

161-C:22 Assignment of Right of Support Enforcement. –
I. The receipt of public assistance for a child shall constitute an assignment by the recipient to the department of any and all rights, title, and interest in and to support obligation owed to or for the recipient or, the child or children, or both the recipient and any child or children, up to the amount of public assistance money paid for or on behalf of such child or such children which accrues during the period that the public assistance is provided. Such assignment includes only those arrearages which accrue during the period that the public assistance is provided to the family.
II. The recipient shall also be deemed, without the necessity of signing any document, to have appointed the commissioner as his or her attorney in fact to perform the specific act of endorsing over to the department for the support of any dependent child, any and all drafts, checks, money orders or other negotiable instruments.
III. When an assignment of support rights has terminated and the obligor and the recipient reunite, the obligor may request a suspension of the collection of a support debt under RSA 161-C:4 and the office of child support enforcement services shall not take any action to collect such a debt for so long as the family remains reunited, provided that the adjusted gross income of the family, as defined by RSA 458-C, is equal to or less than 185 percent of the federal poverty guidelines as set by the United States Department of Health and Human Services. If collection of a support debt under RSA 161-C:4 is suspended, the obligor shall provide the office of child support enforcement services with a financial affidavit every 6 months evidencing the income of the reunited family and shall notify the office of child support enforcement services in writing within 10 days of any change in income or if the family is no longer reunited. Failure to report changes in income or in the status of the family as reunited, or to provide a financial affidavit as specified herein, shall cause the suspension of collection to terminate until such time as the required information is submitted and provided that such information meets the criteria for obtaining a suspension of collection. When a support obligation is established under RSA 161-C:4, the office of child support enforcement services shall notify an obligor of the right to request a suspension of the collection of a support debt.
IV. Any person who has assigned support rights shall be entitled to advance notice from the office of child support enforcement services of any proceeding for the establishment, modification, or enforcement of support and the opportunity to participate in any administrative proceeding for the establishment, modification, or enforcement of support.
Source.
1977, 589:1. 1989, 360:7. 1994, 244:1. 1995, 310:175, 183. 2009, 80:1, eff. Oct. 1, 2009.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:23 - Interest.

161-C:23 Interest. –
Interest at the rate specified in RSA 336:1 on any support debt due and owing to the department under RSA 161-C:4 may be collected by the commissioner. No provision of this chapter shall be construed to require the commissioner to maintain interest balance due accounts, and said interest may be waived by the commissioner, if said waiver would facilitate the collection of the debt.
Source.
1977, 589:1. 1988, 234:2. 1995, 310:175, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:24 - Distribution of Proceeds.

161-C:24 Distribution of Proceeds. –
I. Any money realized by the department by proceedings under this chapter shall reduce the debt of a responsible parent under RSA 161-C:4.
II. Any money realized by the department by proceedings under this chapter shall be distributed in accordance with the rules for distribution established by the department.
Source.
1977, 589:1. 1985, 331:19. 1995, 310:175, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:25 - Unidentified Funds.

161-C:25 Unidentified Funds. –
All fees, costs, attorney fees, interest payments and funds received by the commissioner, unidentifiable as to the support account against which they should be credited, shall be held in an administrative expense account from which the commissioner may make disbursement for any expenses incurred in the administration of this chapter.
Source.
1977, 589:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:26 - Charging Off Uncollected Funds.

161-C:26 Charging Off Uncollected Funds. –
Any support debt due the department from a responsible parent which the commissioner deems uncollectible may be transferred from accounts receivable to a suspense account and cease to be accounted as an asset; provided, that at any time after 6 years from the date a support debt was incurred, the commissioner may charge off as uncollectible any support debt upon which the commissioner finds there is no available, practical, or lawful means by which said debt may be collected; provided further that no proceedings or action under the provisions of this chapter may be begun after expiration of said 6-year period to institute collection of a support debt. Nothing herein shall be construed to render invalid or nonactionable a support lien filed prior to the expiration of said 6-year period or an assignment of earnings or order to withhold and deliver executed prior to the expiration of said 6-year period.
Source.
1977, 589:1. 1995, 310:175, 183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title XII - Public Safety and Welfare › Chapter 161-C - Alternative Method of Support Enforcement for Dependent Children › Section 161-C:26-a - Reporting to Credit Agencies.

161-C:26-a Reporting to Credit Agencies. –
I. Notwithstanding the provisions of RSA 359-C or any other law to the contrary, any obligor who owes child support arrearages payable to or through the department shall be deemed to have authorized disclosure of such obligor's financial records to consumer reporting agencies by the department.
I-a. Notwithstanding the provisions of RSA 359-C or any other law to the contrary, the department shall report to a consumer reporting agency or agencies any obligor who accumulates an arrearage in an amount greater than the legal order of support owed for 60 days payable to or through the department, unless:
(a) A legal order of support is being adhered to by the obligor;
(b) The obligor's wages are assigned pursuant to RSA 458-B and the wage assignment, pursuant to a court order or pursuant to RSA 458-B:4, addresses arrearages;
(c) The department determines that reporting would cause the obligor hardship in obtaining employment;
(d) A motion to modify is pending which could reduce the arrearage to an amount less than the legal order of support owed for 60 days; or
(e) The department determines that there is good cause not to report the obligor.
II. Notwithstanding any other law to the contrary, any obligor who owes child support arrearage payable to or through the department shall be deemed to have authorized disclosure of such obligor's financial records to the department of health and human services by consumer reporting agencies.
III. The department shall give prior notice to the obligor that such financial disclosure is authorized and of the procedures through which the obligor may contest such financial disclosure. If the obligor contests the financial disclosure pursuant to this section, the department shall provide written findings prior to reporting such obligor.
IV. The department and any consumer reporting agency which discloses financial records under this section shall not be subject to civil liability or criminal prosecution which is based upon its disclosure under this section.
Source.
1985, 331:20. 1992, 119:2, 3. 1995, 310:175, 181. 1996, 297:8, 9, eff. June 10, 1996.