reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:11 - Cooperation Between Courts; Preservation of Records.

458-A:11 Cooperation Between Courts;  Preservation of Records. –
I. A court of this state may request the appropriate court of another state to:
(a) Hold an evidentiary hearing;
(b) Order a person to produce or give evidence pursuant to procedures of that state;
(c) Order that an evaluation be made with respect to the custody of a child involved in a pending proceeding;
(d) Forward to the court of this state a certified copy of the transcript of the record of the hearing, the evidence otherwise presented, and any evaluation prepared in compliance with the request; and
(e) Order a party to a child-custody proceeding or any person having physical custody of the child to appear in the proceeding with or without the child.
II. Upon request of a court of another state, a court of this state may hold a hearing or enter an order described in paragraph I.
III. Travel and other necessary and reasonable expenses incurred under paragraphs I and II may be assessed against the parties according to the law of this state.
IV. A court of this state shall preserve the pleadings, orders, decrees, records of hearings, evaluations, and other pertinent records with respect to a child-custody proceeding until the child attains 18 years of age. Upon appropriate request by a court or law enforcement official of another state, the court shall forward a certified copy of those records.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:12 - Initial Child-Custody Jurisdiction.

458-A:12 Initial Child-Custody Jurisdiction. –
I. Except as otherwise provided in RSA 458-A:15, a court of this state has jurisdiction to make an initial child-custody determination only if:
(a) This state is the home state of the child on the date of the commencement of the proceeding, or was the home state of the child within 6 months before the commencement of the proceeding and the child is absent from this state but a parent or person acting as a parent continues to live in this state.
(b) A court of another state does not have jurisdiction under subparagraph (a), or a court of the home state of the child has declined to exercise jurisdiction on the ground that this state is the more appropriate forum under RSA 458-A:18 or RSA 458-A:19, and:
(1) The child and the child's parents, or the child and at least one parent or a person acting as a parent, have a significant connection with this state other than mere physical presence; and
(2) Substantial evidence is available in this state concerning the child's care, protection, training, and personal relationships.
(c) All courts having jurisdiction under subparagraph (a) or (b) have declined to exercise jurisdiction on the ground that a court of this state is the more appropriate forum to determine the custody of the child under RSA 458-A:18 or RSA 458-A:19.
(d) No court of any other state would have jurisdiction under the criteria specified in subparagraph (a), (b), or (c).
II. Paragraph I is the exclusive jurisdictional basis for making a child-custody determination by a court of this state.
III. Physical presence of, or personal jurisdiction over, a party or a child is not necessary or sufficient to make a child-custody determination.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:13 - Exclusive, Continuing Jurisdiction.

458-A:13 Exclusive, Continuing Jurisdiction. –
I. Except as otherwise provided in RSA 458-A:15, a court of this state which has made a child-custody determination consistent with RSA 458-A:12 or RSA 458-A:14 has exclusive, continuing jurisdiction over the determination until:
(a) A court of this state determines that neither the child, nor the child and one parent, nor the child and a person acting as a parent have a significant connection with this state and that substantial evidence is no longer available in this state concerning the child's care, protection, training, and personal relationships; or
(b) A court of this state or a court of another state determines that the child, the child's parents, and any person acting as a parent do not presently reside in this state.
II. A court of this state which has made a child-custody determination and does not have exclusive, continuing jurisdiction under this section may modify that determination only if it has jurisdiction to make an initial determination under RSA 458-A:12.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:14 - Jurisdiction to Modify Determination.

458-A:14 Jurisdiction to Modify Determination. –
Except as otherwise provided in RSA 458-A:15, a court of this state may not modify a child-custody determination made by a court of another state unless a court of this state has jurisdiction to make an initial determination under RSA 458-A:12, I(a) or (b) and:
I. The court of the other state determines it no longer has exclusive, continuing jurisdiction under RSA 458-A:13 or that a court of this state would be a more convenient forum under RSA 458-A:18; or
II. A court of this state or a court of the other state determines that the child, the child's parents, and any person acting as a parent do not presently reside in the other state.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:15 - Temporary Emergency Jurisdiction.

458-A:15 Temporary Emergency Jurisdiction. –
I. A court of this state has temporary emergency jurisdiction if the child is present in this state and the child has been abandoned or it is necessary in an emergency to protect the child because the child, or a sibling or parent of the child, is subjected to or threatened with mistreatment or abuse.
II. If there is no previous child-custody determination that is entitled to be enforced under this chapter and a child-custody proceeding has not been commenced in a court of a state having jurisdiction under RSA 458-A:12 through RSA 458-A:14, a child-custody determination made under this section remains in effect until an order is obtained from a court of a state having jurisdiction under RSA 458-A:12 through RSA 458-A:14. If a child-custody proceeding has not been or is not commenced in a court of a state having jurisdiction under RSA 458-A:12 through RSA 458-A:14, a child-custody determination made under this section becomes a final determination, if it so provides and this state becomes the home state of the child.
III. If there is a previous child-custody determination that is entitled to be enforced under this chapter, or a child-custody proceeding has been commenced in a court of a state having jurisdiction under RSA 458-A:12 through RSA 458-A:14, any order issued by a court of this state under this section must specify in the order a period that the court considers adequate to allow the person seeking an order to obtain an order from the state having jurisdiction under RSA 458-A:12 through RSA 458-A:14. The order issued in this state remains in effect until an order is obtained from the other state within the period specified or the period expires.
IV. A court of this state which has been asked to make a child-custody determination under this section, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of a state having jurisdiction under RSA 458-A:12 through RSA 458-A:14, shall immediately communicate with the other court. A court of this state which is exercising jurisdiction pursuant to RSA 458-A:12 through RSA 458-A:14, upon being informed that a child-custody proceeding has been commenced in, or a child-custody determination has been made by, a court of another state under a statute similar to this section shall immediately communicate with the court of that state to resolve the emergency, protect the safety of the parties and the child, and determine a period for the duration of the temporary order.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:16 - Notice; Opportunity to be Heard; Joinder.

458-A:16 Notice;  Opportunity to be Heard;  Joinder. –
I. Before a child-custody determination is made under this chapter, notice and an opportunity to be heard in accordance with the standards of RSA 458-A:7 must be given to all persons entitled to notice under the law of this state as in child-custody proceedings between residents of this state, any parent whose parental rights have not been previously terminated, and any person having physical custody of the child.
II. This chapter does not govern the enforceability of a child-custody determination made without notice or an opportunity to be heard.
III. The obligation to join a party and the right to intervene as a party in a child-custody proceeding under this chapter are governed by the law of this state as in child-custody proceedings between residents of this state.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:17 - Simultaneous Proceedings.

458-A:17 Simultaneous Proceedings. –
I. Except as otherwise provided in RSA 458-A:15, a court of this state may not exercise its jurisdiction under this subdivision if, at the time of the commencement of the proceeding, a proceeding concerning the custody of the child has been commenced in a court of another state having jurisdiction substantially in conformity with this chapter, unless the proceeding has been terminated or is stayed by the court of the other state because a court of this state is a more convenient forum under RSA 458-A:18.
II. Except as otherwise provided in RSA 458-A:15, a court of this state, before hearing a child-custody proceeding, shall examine the court documents and other information supplied by the parties pursuant to RSA 458-A:20. If the court determines that a child-custody proceeding has been commenced in a court in another state having jurisdiction substantially in accordance with this chapter, the court of this state shall stay its proceeding and communicate with the court of the other state. If the court of the state having jurisdiction substantially in accordance with this chapter does not determine that the court of this state is a more appropriate forum, the court of this state shall dismiss the proceeding.
III. In a proceeding to modify a child-custody determination, a court of this state shall determine whether a proceeding to enforce the determination has been commenced in another state. If a proceeding to enforce a child-custody determination has been commenced in another state, the court may:
(a) Stay the proceeding for modification pending the entry of an order of a court of the other state enforcing, staying, denying, or dismissing the proceeding for enforcement;
(b) Enjoin the parties from continuing with the proceeding for enforcement; or
(c) Proceed with the modification under conditions it considers appropriate.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:18 - Inconvenient Forum.

458-A:18 Inconvenient Forum. –
I. A court of this state which has jurisdiction under this chapter to make a child-custody determination may decline to exercise its jurisdiction at any time if it determines that it is an inconvenient forum under the circumstances and that a court of another state is a more appropriate forum. The issue of inconvenient forum may be raised upon motion of a party, the court's own motion, or request of another court.
II. Before determining whether it is an inconvenient forum, a court of this state shall consider whether it is appropriate for a court of another state to exercise jurisdiction. For this purpose, the court shall allow the parties to submit information and shall consider all relevant factors, including:
(a) Whether domestic violence has occurred and is likely to continue in the future and which state could best protect the parties and the child;
(b) The length of time the child has resided outside this state;
(c) The distance between the court in this state and the court in the state that would assume jurisdiction;
(d) The relative financial circumstances of the parties;
(e) Any agreement of the parties as to which state should assume jurisdiction;
(f) The nature and location of the evidence required to resolve the pending litigation, including testimony of the child;
(g) The ability of the court of each state to decide the issue expeditiously and the procedures necessary to present the evidence; and
(h) The familiarity of the court of each state with the facts and issues in the pending litigation.
III. If a court of this state determines that it is an inconvenient forum and that a court of another state is a more appropriate forum, it shall stay the proceedings upon condition that a child-custody proceeding be promptly commenced in another designated state and may impose any other condition the court considers just and proper.
IV. A court of this state may decline to exercise its jurisdiction under this chapter if a child-custody determination is incidental to an action for divorce or another proceeding while still retaining jurisdiction over the divorce or other proceeding.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:19 - Jurisdiction Declined by Reason of Conduct.

458-A:19 Jurisdiction Declined by Reason of Conduct. –
I. Except as otherwise provided in RSA 458-A:15, if a court of this state has jurisdiction under this chapter because a person seeking to invoke its jurisdiction has engaged in unjustifiable conduct, the court shall decline to exercise its jurisdiction unless:
(a) The parents and all persons acting as parents have acquiesced in the exercise of jurisdiction;
(b) A court of the state otherwise having jurisdiction under RSA 458-A:12 through RSA 458-A:14 determines that this state is a more appropriate forum under RSA 458-A:18; or
(c) No court of any other state would have jurisdiction under the criteria specified in RSA 458-A:12 through RSA 458-A:14.
II. If a court of this state declines to exercise its jurisdiction pursuant to paragraph I it may fashion an appropriate remedy to ensure the safety of the child and prevent a repetition of the unjustifiable conduct, including staying the proceeding until a child-custody proceeding is commenced in a court having jurisdiction under RSA 458-A:12 through RSA 458-A:14.
III. If a court dismisses a petition or stays a proceeding because it declines to exercise its jurisdiction pursuant to paragraph I, it shall assess against the party seeking to invoke its jurisdiction necessary and reasonable expenses including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees are sought establishes that the assessment would be clearly inappropriate. The court may not assess fees, costs, or expenses against this state unless authorized by law other than this chapter.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:20 - Information to be Submitted to Court.

458-A:20 Information to be Submitted to Court. –
I. In a child-custody proceeding, each party, in its first pleading or in an attached affidavit, shall give information, if reasonably ascertainable, under oath as to the child's present address or whereabouts, the places where the child has lived during the last 5 years, and the names and present addresses of the persons with whom the child has lived during that period. The pleading or affidavit must state whether the party:
(a) Has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any;
(b) Knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding; and
(c) Knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons.
II. If the information required by paragraph I is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.
III. If the declaration as to any of the items described in subparagraphs I(a), (b), and (c) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.
IV. Each party has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
V. If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of identifying information, the information must be sealed and may not be disclosed to the other party or the public unless the court orders the disclosure to be made after a hearing in which the court takes into consideration the health, safety, or liberty of the party or child and determines that the disclosure is in the interest of justice.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:21 - Appearance of Parties and Child.

458-A:21 Appearance of Parties and Child. –
I. In a child-custody proceeding in this state, the court may order a party to the proceeding who is in this state to appear before the court in person with or without the child. The court may order any person who is in this state and who has physical custody or control of the child to appear in person with the child.
II. If a party to a child-custody proceeding whose presence is desired by the court is outside this state, the court may order that a notice given pursuant to RSA 458-A:7 include a statement directing the party to appear in person with or without the child and informing the party that failure to appear may result in a decision adverse to the party.
III. The court may enter any orders necessary to ensure the safety of the child and of any person ordered to appear under this section.
IV. If a party to a child-custody proceeding who is outside this state is directed to appear under paragraph II or desires to appear personally before the court with or without the child, the court may require another party to pay reasonable and necessary travel and other expenses of the party so appearing and of the child.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:22 - Definitions.

458-A:22 Definitions. –
In this subdivision:
I. "Petitioner" means a person who seeks enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination.
II. "Respondent" means a person against whom a proceeding has been commenced for enforcement of an order for return of a child under the Hague Convention on the Civil Aspects of International Child Abduction or enforcement of a child-custody determination.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:23 - Enforcement Under Hague Convention.

458-A:23 Enforcement Under Hague Convention. –
Under this subdivision a court of this state may enforce an order for the return of the child made under the Hague Convention on the Civil Aspects of International Child Abduction as if it were a child-custody determination.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:24 - Duty to Enforce.

458-A:24 Duty to Enforce. –
I. A court of this state shall recognize and enforce a child-custody determination of a court of another state if the latter court exercised jurisdiction in substantial conformity with this chapter or the determination was made under factual circumstances meeting the jurisdictional standards of this chapter and the determination has not been modified in accordance with this chapter.
II. A court of this state may utilize any remedy available under other law of this state to enforce a child-custody determination made by a court of another state. The remedies provided in this subdivision are cumulative and do not affect the availability of other remedies to enforce a child-custody determination.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:25 - Temporary Visitation.

458-A:25 Temporary Visitation. –
I. A court of this state which does not have jurisdiction to modify a child-custody determination, may issue a temporary order enforcing:
(a) A visitation schedule made by a court of another state; or
(b) The visitation provisions of a child-custody determination of another state that does not provide for a specific visitation schedule.
II. If a court of this state makes an order under subparagraph I(b) it shall specify in the order a period that it considers adequate to allow the petitioner to obtain an order from a court having jurisdiction under the criteria specified in RSA 458-A:12 through RSA 458-A:21. The order remains in effect until an order is obtained from the other court or the period expires.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:27 - Enforcement of Registered Determination.

458-A:27 Enforcement of Registered Determination. –
I. A court of this state may grant any relief normally available under the law of this state to enforce a registered child-custody determination made by a court of another state.
II. A court of this state shall recognize and enforce, but may not modify, except in accordance with RSA 458-A:12 through RSA 458-A:21, a registered child-custody determination of a court of another state.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:28 - Simultaneous Proceedings.

458-A:28 Simultaneous Proceedings. –
If a proceeding for enforcement under this subdivision is commenced in a court of this state and the court determines that a proceeding to modify the determination is pending in a court of another state having jurisdiction to modify the determination under RSA 458-A:12 through RSA 458-A:21, the enforcing court shall immediately communicate with the modifying court. The proceeding for enforcement continues unless the enforcing court, after consultation with the modifying court, stays or dismisses the proceeding.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:30 - Service of Petition and Order.

458-A:30 Service of Petition and Order. –
Except as otherwise provided in RSA 458-A:32, the petition and order must be served, by any method authorized by the law of this state, upon the respondent and any person who has physical custody of the child.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:31 - Hearing and Order.

458-A:31 Hearing and Order. –
I. Unless the court issues a temporary emergency order pursuant to RSA 458-A:15, upon a finding that a petitioner is entitled to immediate physical custody of the child, the court shall order that the petitioner may take immediate physical custody of the child unless the respondent establishes that:
(a) The child-custody determination has not been registered and confirmed under RSA 458-A:26 and that:
(1) The issuing court did not have jurisdiction under RSA 458-A:12 through RSA 458-A:21;
(2) The child-custody determination for which enforcement is sought has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under RSA 458-A:12 through RSA 458-A:21; or
(3) The respondent was entitled to notice, but notice was not given in accordance with the standards of RSA 458-A:7, in the proceedings before the court that issued the order for which enforcement is sought; or
(b) The child-custody determination for which enforcement is sought was registered and confirmed under RSA 458-A:26 but has been vacated, stayed, or modified by a court of a state having jurisdiction to do so under RSA 458-A:12 through RSA 458-A:21.
II. The court shall award the fees, costs, and expenses authorized under RSA 458-A:33 and may grant additional relief, including a request for the assistance of law enforcement officials, and set a further hearing to determine whether additional relief is appropriate.
III. If a party called to testify refuses to answer on the ground that the testimony may be self-incriminating, the court may draw an adverse inference from the refusal.
IV. A privilege against disclosure of communications between spouses and a defense of immunity based on the relationship of husband and wife or parent and child may not be invoked in a proceeding under this subdivision.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:32 - Warrant to Take Physical Custody of Child.

458-A:32 Warrant to Take Physical Custody of Child. –
I. Upon the filing of a petition seeking enforcement of a child-custody determination, the petitioner may file a verified application for the issuance of a warrant to take physical custody of the child if the child is immediately likely to suffer serious physical harm or be removed from this state.
II. If the court, upon the testimony of the petitioner or other witness, finds that the child is imminently likely to suffer serious physical harm or be removed from this state, it may issue a warrant to take physical custody of the child. The petition must be heard on the next judicial day after the warrant is executed unless that date is impossible. In that event, the court shall hold the hearing on the first judicial day possible. The application for the warrant must include the statements required by RSA 458-A:29, II.
III. A warrant to take physical custody of a child must:
(a) Recite the facts upon which a conclusion of imminent serious physical harm or removal from the jurisdiction is based;
(b) Direct law enforcement officers to take physical custody of the child immediately; and
(c) Provide for the placement of the child pending final relief.
IV. The respondent must be served with the petition, warrant, and order immediately after the child is taken into physical custody.
V. A warrant to take physical custody of a child is enforceable throughout this state. If the court finds on the basis of the testimony of the petitioner or other witness that a less intrusive remedy is not effective, it may authorize law enforcement officers to enter private property to take physical custody of the child. If required by exigent circumstances of the case, the court may authorize law enforcement officers to make a forcible entry at any hour.
VI. The court may impose conditions upon placement of a child to ensure the appearance of the child and the child's custodian.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:33 - Costs, Fees, and Expenses.

458-A:33 Costs, Fees, and Expenses. –
I. The court shall award the prevailing party, including a state, necessary and reasonable expenses incurred by or on behalf of the party, including costs, communication expenses, attorney's fees, investigative fees, expenses for witnesses, travel expenses, and child care during the course of the proceedings, unless the party from whom fees or expenses are sought establishes that the award would be clearly inappropriate.
II. The court may not assess fees, costs, or expenses against a state unless authorized by law other than this chapter.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:34 - Recognition and Enforcement.

458-A:34 Recognition and Enforcement. –
A court of this state shall accord full faith and credit to an order issued by another state and consistent with this chapter which enforces a child-custody determination by a court of another state unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under RSA 458-A:12 through RSA 458-A:21.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:35 - Appeals.

458-A:35 Appeals. –
An appeal may be taken from a final order in a proceeding under this subdivision in accordance with expedited appellate procedures in other civil cases. Unless the court enters a temporary emergency order under RSA 458-A:15, the enforcing court may not stay an order enforcing a child-custody determination pending appeal.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:36 - Role of Prosecutor or Public Official.

458-A:36 Role of Prosecutor or Public Official. –
I. In a case arising under this chapter or involving the Hague Convention on the Civil Aspects of International Child Abduction, the prosecutor or other appropriate public official may take any lawful action, including resort to a proceeding under this subdivision or any other available civil proceeding to locate a child, obtain the return of a child, or enforce a child-custody determination if there is:
(a) An existing child-custody determination;
(b) A request to do so from a court in a pending child-custody proceeding;
(c) A reasonable belief that a criminal statute has been violated; or
(d) A reasonable belief that the child has been wrongfully removed or retained in violation of the Hague Convention on the Civil Aspects of International Child Abduction.
II. A prosecutor or appropriate public official acting under this section acts on behalf of the court and may not represent any party.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:37 - Role of Law Enforcement.

458-A:37 Role of Law Enforcement. –
At the request of a prosecutor or other appropriate public official acting under RSA 458-A:36, a law enforcement officer may take any lawful action reasonably necessary to locate a child or a party and assist a prosecutor or appropriate public official with responsibilities under RSA 458-A:36.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:38 - Costs and Expenses.

458-A:38 Costs and Expenses. –
If the respondent is not the prevailing party, the court may assess against the respondent all direct expenses and costs incurred by the prosecutor or other appropriate public official and law enforcement officers under RSA 458-A:36 or RSA 458-A:37.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:39 - Application and Construction.

458-A:39 Application and Construction. –
In applying and construing this chapter, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-A - Uniform Child Custody Jurisdiction and Enforcement Act › Section 458-A:40 - Severability Clause.

458-A:40 Severability Clause. –
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
Source.
2009, 191:1, eff. Dec. 1, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-B - Income Assignment › Section 458-B:1 - Definitions.

458-B:1 Definitions. –
When used in this chapter, unless the specific context indicates otherwise:
I. "Arrearage" means the total amount of unpaid support which has accrued since the effective date of a legal order which stipulates a periodic support amount due, and shall include any amount of unreimbursed assistance accumulated prior to the issuance of the legal order of support.
I-a. "Department" means the department of health and human services.
II. "Dependent child" means any natural or adoptive child who has not reached the age of 18 and is not self-supporting, married, or a member of the armed services.
III. "Disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amounts required by law to be withheld or required by the employer to be withheld as a condition of employment.
IV. [Repealed.]
V. "Employer" means any person, firm, corporation, or association, or any political subdivision or department of the state or federal government, which employs a person or pays income or any other compensation.
VI. "Legal order of support" means any valid judgment or order for the support of spouses, dependent children, or both, issued by any court or administrative body of the state of New Hampshire or any other state, including an order in a final decree of divorce.
VII. "Obligee" means the person found to be legally entitled to receive child support, spousal support, or combination child and spousal support.
VIII. "Obligor" means the person found to be legally liable for child support, spousal support, or combination child and spousal support.
IX. "Income" means compensation paid or payable for personal services, whether denominated as income, salary, commission, bonus, or otherwise, and specifically includes periodic payments pursuant to pension or retirement programs, disability plans, and workers' compensation payments.
X. "IV-D services" means the services provided by the state under the state plan for the collection of support and establishment of paternity adopted pursuant to Title IV-D of the Social Security Act.
XI. "Payable through the department" means that a legal order of support is enforced or administered by the department.
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.
Source.
1985, 331:2. 1990, 139:2, 3. 1991, 12:1, 2. 1993, 287:2. 1995, 310:163, 164, 175. 1997, 263:33. 2006, 185:6. 2010, 370:1, eff. July 23, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-B - Income Assignment › Section 458-B:3 - Department of Health and Human Services as Responsible Agency.

458-B:3 Department of Health and Human Services as Responsible Agency. –
I. The department shall be the agency responsible for the administration of this chapter for child support orders, and combination child support and spousal support orders when an application for services under Title IV-D of the Social Security Act has been filed with the department. The department does not administer orders providing only for spousal support.
II. Upon receipt of appropriate application for IV-D services, together with such fees, if any, as have been established by the commissioner, the department shall be authorized to take legal action on behalf of said applicant and shall institute income withholding under this chapter or administrative procedures under RSA 161-C.
III. Collection and disbursement of all support orders initially issued in the state on or after January 1, 1994, which are not being enforced by the department, shall be enforced through the state disbursement unit where the obligor is subject to income withholding pursuant to 458-B, whether or not the obligee has applied for IV-D services. In such cases, the department's role is limited to monitoring, collecting, and disbursing moneys under this section.
IV. [Repealed.]
V. [Repealed.]
VI. [Repealed.]
VII. When the arrearage on support obligations payable through the department accumulates to an amount equal to the support obligation for one month, an income assignment shall be initiated without requiring the department to amend the support order or seek further action by the court or administrative body that issued the order.
Source.
1985, 331:2. 1989, 126:2, 3. 1990, 139:4. 1991, 12:4, 5. 1993, 287:4, 5, 13, I, II. 1995, 310:165, 175, 183. 1997, 263:28; 263:33, 34, II, eff. Aug. 18, 1997.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-B - Income Assignment › Section 458-B:4 - Amount Withheld.

458-B:4 Amount Withheld. –
I, II. [Repealed.]
III. The amount withheld by an income assignment shall include both the amount of support stated in the legal order of support as well as an additional amount which shall be applied to any arrearage. Said arrearage amount withheld shall be no less than 20 percent of the current support withheld, but may be more where circumstances so warrant. In cases where the arrearage due is less than 20 percent of the current support withheld, the amount of arrearage withheld shall be the full amount of the arrearage. When an arrearage continues to exist following the termination of an obligation to support, the income assignment shall continue in effect until such time as the arrearage is eliminated.
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.
IV. Notwithstanding paragraphs III and III-a, the total amount withheld shall not exceed the amount specified in 15 U.S.C. 1673(b).
V. When child support is payable through the department and an obligor receives unemployment compensation benefits, the benefits payable to the obligor shall be subject to withholding by assignment. The amount withheld from the benefits pursuant to RSA 282-A:159, II shall be 20 percent of the obligor's weekly benefit amount, any benefits payable up to that amount, or the amount of the order of child support, whichever is less. The obligor may voluntarily increase the withheld amount up to the full amount of his unemployment benefits. Notwithstanding the foregoing, a court issuing or modifying an order for support may order that more than 20 percent of the obligor's weekly benefit amount be withheld.
VI. When less than the full amount of a legal order of support is withheld from the obligor's income, the difference shall accrue as arrears as long as the legal order of support remains in effect. Amounts withheld from income to satisfy support obligations shall be given the following priority by the employer, unless a court or administrative order directs otherwise:
(a) Current child and spousal support;
(b) Health insurance premiums or current cash medical support obligations;
(c) Arrearages; and
(d) Other child support obligations.
Source.
1985, 331:2. 1988, 234:4. 1989, 126:4. 1990, 139:7. 1991, 12:6. 1993, 287:6-8, 13, III. 1995, 310:175. 1997, 263:33. 2007, 227:2. 2010, 370:2, 3, eff. July 23, 2010.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-B - Income Assignment › Section 458-B:5 - Notice to Obligor.

458-B:5 Notice to Obligor. –
I. When support is payable through the department if income is not subject to immediate assignment under this chapter, including cases subject to a finding of good cause or to a written agreement, before notice of the income assignment may be given to an employer by the department, the obligor shall be given at least 15 days' prior notice of the commencement of income withholding procedures under this chapter. The notice to the obligor shall include:
(a) The amount to be withheld.
(b) A statement that the withholding applies to any current or subsequent employment.
(c) The procedures for contesting withholding and that the only basis for contesting withholding is a mistake of fact.
(d) The period within which the obligor must contact the department in order to contest the assignment and that failure to notify the department within the specified time limit will result in the commencement of assignment procedures.
II. For orders issued or modified on or after October 1, 1985, when support is not payable through the department and income is not subject to immediate assignment under this chapter, including cases subject to a finding of good cause or to a written agreement, before an individual or a legal representative seeks to establish an income assignment payable directly to an obligee, notice must be given to the obligor at least 15 days prior to commencement of income assignment procedures under this chapter. The notice to the obligor shall include the notice provisions under subparagraphs (a), (b), and (c) of paragraph I and a notice of the period within which the obligor must give written notice to the obligee in order to contest the assignment.
III. The notice provisions under this section shall also apply in all cases when income assignment is to be increased to address arrearages, when the income assignment to be initiated includes current support and payment on arrears, and when amounts are to be withheld by the department from unemployment compensation.
Source.
1985, 331:2. 1993, 287:9. 1995, 310:175. 1997, 263:29, 30, 33, eff. Aug. 18, 1997.
2023 New Hampshire Revised Statutes › Title XLIII - Domestic Relations › Chapter 458-B - Income Assignment › Section 458-B:6 - Notice to Employer.

458-B:6 Notice to Employer. –
Before the commencement of withholding procedures, the obligor's employer shall be given notice of the following:
I. The amount to be withheld and that it cannot exceed the limits set under RSA 458-B:4, IV.
II. That the employer must implement withholding no later than the first pay period that occurs after 14 days after the notice was mailed.
III. That the withholding is binding upon the employer until further notice.
IV. That the employer must send the withheld amount to the state or other payee at the same time the obligor is paid.
V. That the employer is liable for the accumulated amount it should have withheld if it fails to withhold in accordance with the provisions of the notice.
VI. That the withholding under this section shall have priority over any other legal process under state law against the same income.
VII. That in addition to the amount withheld for support and arrearage, the employer may deduct a fee of $1.00 for each withholding for the administrative cost incurred as a result of the withholding procedures.
VIII. That the employer shall be guilty of a misdemeanor and subject to a fine of up to $1,000 for discharging, refusing to employ, or taking any disciplinary action against an obligor because of the withholding procedures.
IX. That the employer shall notify the state or other payee within 15 days of the obligor's termination of employment, and shall provide the obligor's last known address and the name and address of the present employer, if known.
X. That the employer shall be guilty of a misdemeanor and subject to a fine of up to $1,000 for failure to comply with the provisions of paragraphs I-V.
XI. That the employer shall be liable for an administrative fine of $100 per pay period for each employee who has an income assignment obligations with that employer payable directly to the department with respect to whom the employer has willfully failed to comply with the provisions of paragraphs II and IV. Prior to assessing such fine against the employer, the department shall notify the employer of its intent to assess the fine, the amount of the fine, the date by which the fine is payable, and shall provide the employer with the opportunity to contest the imposition of the fine. The only basis for contesting the imposition of such fine is a mistake of fact or that the employer did not knowingly fail to comply with the provisions of paragraphs II and IV.
Source.
1985, 331:2. 1990, 139:5, 6. 1992, 101:1. 1995, 310:175. 1997, 263:33, eff. Aug. 18, 1997.