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Form a Business

SUPPORT OF DEPENDENT CHILDREN

RSA tit. XII, ch. 161-B
in effect

RSA 161-B:1 Purpose.

161-B:1. Purpose. I. It is the responsibility of the state of New Hampshire through the department of health and human services, to conserve the expenditure of public assistance funds, whenever possible, in order that such funds shall not be expended if there are private funds available or which can be made available by judicial process or otherwise to partially or completely meet the financial needs of the children of this state. The failure of parents to provide adequate financial support and care for their children is a major cause of financial dependency on this state. II. The purpose of this chapter is to provide this state, through the department of health and human services, a more effective and efficient way to effect the support of dependent children by the person or persons who, under the law, are primarily responsible for such support and to lighten the heavy burden of the taxpayer, who in many instances is paying toward the support of dependent children while those persons primarily responsible are avoiding their obligations. It is the intention of the legislature that the powers delegated to the department in this chapter shall be in addition to the powers granted by RSA 161, RSA 167, or other existing laws and shall be liberally construed to the end that persons legally responsible for the care and support of children within the state be required to assume their legal obligations in order to reduce the financial cost of the state in providing public assistance funds for the care of the children. Source. 1977, 589:1. 1983, 291:1. 1995, 310:108, 175, 181, eff. Nov. 1, 1995.

RSA 161-B:2 Definitions.

161-B:2. Definitions. In this chapter: I. "Certification" means written notification from the department to any appropriate licensing board that an obligor is not in compliance with a legal order of support for the purpose of suspending, revoking, or denying the issuance or renewal of any appropriate license or licenses held by an obligor. II. "Child" or "children"' means any child who is not emancipated, self-supporting, or married, and shall include natural and adoptive children. III. "Compliance with a legal order of support" means: (a) The obligor is fewer than 60 days in arrears for payment of ongoing child support pursuant to a legal order of support payable to or through the department and has obtained or maintained health insurance coverage as required by a legal order of support; (b) The obligor is making ongoing periodic support payments pursuant to the legal order of support and is making periodic or lump sum payment on a support arrearage in accordance with the obligor's ability to pay and pursuant to a legal order of support; (c) 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; or (d) In cases involving arrearages only, the obligor is making periodic or lump sum payments on the support arrearage pursuant to a court order or pursuant to a wage assignment under RSA 458-B:4. IV. "Dependent child" shall mean 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. V. "Commissioner" means the commissioner of the department of health and human services, or the commissioner's designee or authorized representative. VI. "Department" means the department of health and human services. VII. "Legal order of support" means any judgment or order for the support of dependent children issued by any court of the state of New Hampshire or another state, or any body authorized by law of this or another state to issue and modify support orders. VIII. "License" means: (a) A license, privilege, certification, registration, bar membership, permit, or other document evidencing admission to or granting authority to engage in a profession, occupation, business, or industry. (b) A license to operate a motor vehicle on the public ways of this state pursuant to RSA 263 or any other state having reciprocity with this state. (c) A license to engage in hunting, fishing, or trapping pursuant to RSA 214. IX. "Licensee" means any individual having applied for or holding a license. X. "Licensing board" means any department, bureau, board, commission, bar association, state agency, or municipality, or other licensor that has authority to issue licenses authorizing a person to engage in a business, occupation, profession, or industry, to operate a motor vehicle, or to engage in hunting, fishing, or trapping. XI. "Obligor" means a person found to be legally liable for support. XII. "Person" means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the state, or instrumentality of the state. XIII. "Public assistance" means money payments, furnished by the state pursuant to RSA 161 or RSA 167, or any rules adopted under those chapters, to or on behalf of dependent children. XIII-a. "Rate of collection" means, for every category of child support case, the average amount of child support collected per open case for that category in a given time period. XIV. "Responsible parent" or "parent" means a natural or adoptive parent. Source. 1977, 589:1. 1983, 291:1. 1985, 344:1. 1995, 252:2; 254:1; 310:109, 175. 2006, 185:1-3, eff. May 26, 2006.

RSA 161-B:3 Duty of Department to Enforce Child Support.

161-B:3. Duty of Department to Enforce Child Support. I. Whenever the department receives an application for public assistance on behalf of a child and it shall appear to the satisfaction of the department that said child has been abandoned by its parents or that the child and one parent have been abandoned by the other parent or that the parent or other person who has a responsibility for the care, support, or maintenance of such child has failed or neglected to give proper care or support to such child, the department shall take appropriate action under the provisions of this chapter, the abandonment or nonsupport statutes, or other appropriate statutes of this state to insure that such parent or other person responsible shall pay for the care, support or maintenance of said dependent child. II. The commissioner may accept applications for support enforcement services on behalf of persons who are not recipients of public assistance and may take such action as the commissioner deems appropriate to establish or enforce support obligations against either or both parents owing a duty to provide child or medical support. Action may be taken under this chapter, the abandonment or nonsupport statutes, or other appropriate statutes of this state, including but not limited to remedies established in RSA 161-C, to establish and enforce support obligations, provided, however, that if such child support obligation has been terminated by court order or by operation of law the commissioner may close the case in accordance with the criteria set out in federal statutes and regulations. III. The commissioner may establish by rule such reasonable standards as the commissioner deems necessary to limit applications for support enforcement services. Said standards shall take into account the income, property, or other resources already available to support the person for whom a support obligation exists. IV. In cases where the department is providing child support services to an individual who has never received assistance under a state program funded under Title IV-A of the Social Security Act, the commissioner shall charge a fee in accordance with section 454(6) of the Social Security Act. In all other cases where the department is providing child support services, the commissioner may charge a fee to compensate the department for services rendered in establishment of or enforcement of support obligations. V. The department, through the child support unit established pursuant to RSA 161:2, XIV, shall collect support obligations for the care, support or maintenance of dependent children. The commissioner may contract with counties, cities, towns or any other person to aid in collecting or to collect support obligations and to administer the child support program established by Title IV-D of the Federal Social Security Act and any and all amendments thereto and regulations promulgated thereunder. VI. Consistent with federal law and any international treaty or convention to which the United States is a party and that has been ratified by the United States Congress, the commissioner may, on approval by and with the cooperation of the governor, pursue negotiations and enter into reciprocal agreements with a foreign country or a political subdivision of a foreign country to establish and enforce child support obligations. As a prerequisite to entering into a reciprocal agreement with this state, the foreign country or political subdivision shall have enacted laws or established procedures for the issuance and enforcement of support orders that are substantially similar to fundamental due process rights afforded to the citizens of this state, including personal and subject matter jurisdiction, notice, and an opportunity to be heard. Source. 1977, 589:1. 1992, 270:4. 1995, 254:2; 310:175, 183. 2002, 187:1. 2007, 148:1, eff. Aug. 17, 2007; 227:1, eff. June 25, 2007.

RSA 161-B:4 Payment of Child Support to the Department.

161-B:4. Payment of Child Support to the Department. I. Child support payments shall be made payable through the office of child support enforcement services of the department upon written notice by the commissioner to a person responsible for the support of a dependent child or to a court or administrative agency having jurisdiction over such person that: (a) The children for whom a support obligation exists are receiving or have received assistance pursuant to RSA 161 or RSA 167; or (b) A person has applied for or is receiving support enforcement services under RSA 161-B:3, II, and such person has certified to the department that: (1) The arrearage on the support obligation has accumulated to an amount equal to the support obligation for one month; or (2) A court, pursuant to RSA 173-B or RSA 458:16, has issued a protective order enjoining a parent of a child from abusing or interfering with the liberty of the child's other parent, guardian, or legal representative, and that such order remains in full force and effect at the time the person applies for child support services. II. Notice pursuant to paragraph I shall supersede any court or administrative order to the contrary. Any person who knowingly fails to comply with the requirement of such notice shall be guilty of a misdemeanor. III. Nothing in paragraph I precludes the court, in its discretion, from ordering the payment of child support through the office of child support enforcement services of the department if the court finds upon the motion of any party that it is in the best interest of the child, obligee, or obligor to do so. Source. 1977, 589:1. 1994, 398:1. 1995, 310:175, 183. 2001, 222:1, eff. Sept. 9, 2001.

RSA 161-B:5 Collection of Child Support.

161-B:5. Collection of Child Support. In order to carry out its responsibilities imposed under this chapter, the department is hereby authorized to commence or appear in any proceedings before any court or administrative agency for the purpose of obtaining, enforcing, or modifying an order of support on behalf of any dependent child or any other person for whom the department has a duty to obtain or enforce an order of support under this chapter. The department may commence or appear in any action on its own behalf or on behalf of any dependent child, parent of any dependent child, or on behalf of any other person for whom the department has a duty to obtain or enforce an order of support under this chapter. Source. 1977, 589:1. 1995, 310:175, eff. Nov. 1, 1995.

RSA 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.

RSA 161-B:7 Repository for Information.

161-B:7. Repository for Information. I. The department is authorized and directed to establish a central unit to serve as a repository of information, to answer inquiries concerning absent parents and other persons legally responsible for support, to coordinate and supervise departmental activities in relation to such persons, and to establish a state case registry which shall contain records with respect to each case in which services are being provided by the department, and in each case in which any support order is established or modified in the state on or after October 1, 1998. The records in the state case registry shall: (a) Contain standardized data for both parents and the children for whom support is ordered, such as names, dates of birth, social security numbers, and other uniform identification numbers, and with respect to those in which a support order has been established and in which the department is providing services, shall also contain the following: (1) The amount of weekly (or other periodic) support ordered, and other amounts, including arrearages, interest or late payment penalties, and fees due or overdue under the order. (2) Any amount described in subparagraph (a)(1) that has been collected. (3) The distribution of such collected amounts. (4) The birth date of any child for whom the order requires the provision of support. (5) The amount of any lien imposed with respect to the order pursuant to RSA 161-C:10 or RSA 461-A:14, VII. (b) With respect to those cases in which the department is providing services, be promptly established, maintained, and regularly updated on the basis of: (1) Information on administrative actions and administrative and judicial proceedings and orders relating to paternity and support. (2) Information obtained from federal, state, or local sources of information. (3) Information on support collections and distributions. II. Notwithstanding any other provision of law to the contrary, with the exception of tax statutes, and in order to effectuate the purposes of this section, the commissioner may request cooperation from state, county and local agencies in the location of parents or other legally liable persons who have abandoned or deserted, or are failing to support a dependent child (or any other child) and information relative to the location, income and property of such parents and it shall be the duty of such persons to cooperate in responding to such requests. III. Any records established or information collected pursuant to the provisions of this chapter shall be made available only to the commissioner and the attorney general and their authorized designees, attorneys responsible for the administration of RSA 546-B, attorneys or authorized staff employed by the department, or its contracted agents, to administer programs under Title IV, Part A (TANF), Title IV, Part B (child and family services), Title IV, Part D (child support and establishment of paternity), Title IV, Part E (foster care and adoption assistance) , Title XIX (medical assistance programs), Title XX (social services block grants) , or Title XXI (state children's health insurance program) of the Social Security Act, the client or the client's authorized representative, authorized court employees, and courts or agencies in other states engaged in the enforcement of support of minor children as authorized by federal law or the rules of the department. Such records and information shall be available and used only for purposes directly connected with the establishment, enforcement, or modification of child support, the department's administration of programs under Title IV, Part A (TANF), Title IV, Part B (child and family services), Title IV, Part D (child support and establishment of paternity), Title IV, Part E (foster care and adoption assistance), Title XIX (medical assistance programs), Title XX (social services block grants), or Title XXI (state children's health insurance program) of the Social Security Act, court administration of cases filed under this chapter, RSA 461-A, and RSA 546-B that are administered by the office of child support, and the administration of this chapter. The records and information made available to the client or the client's authorized representative shall not include information provided to the department that is prohibited from release by federal law, state statute, state case law, or by contract or agreement between the department and another entity if such contract or agreement prohibits release of such information. IV. All support orders issued or modified in cases that are payable through the department shall contain a provision requiring the obligor to keep the department informed of the name and address of the obligor's employer and whether the obligor has access to health insurance, and, if so, the health insurance policy information as requested by the department. V. The commissioner of the department of health and human services and the administrator of the office of child support enforcement services shall develop the data collection capacity to monitor the efficacy of child support collection efforts on behalf of households whose aid to families with dependent children (AFDC) benefits have terminated within the last 24 months or which contain a medicaid-eligible person. The commissioner and administrator shall then use their best efforts to assure that these at-risk households are encouraged to utilize the services of the office of child support services, and that the rate of child support collection on behalf of these households shall be increased and maintained at a level that is at least as great as the rate of child support collected on behalf of households that are current recipients of AFDC. Source. 1977, 589:1. 1992, 270:2. 1994, 94:1. 1995, 252:4; 310:175, 183. 1997, 263:6, 7. 1998, 335:2. 2003, 198:2. 2005, 217:1; 273:14. 2007, 249:1, eff. Aug. 27, 2007.

RSA 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.

RSA 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.

RSA 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.

RSA 161-B:11 Revocation and Denial of Licenses.

161-B:11. Revocation and Denial of Licenses. I. The department shall be authorized to certify that an obligor is not in compliance with a legal order of support, or that any party has failed, after receiving notice, to comply with subpoenas or orders relating to paternity or child support proceedings, to any licensing board for the purpose of suspending, revoking, or denying the issuance or renewal of any appropriate license or licenses held by the obligor or party. II. The department shall give notice to an obligor who is not in compliance with a legal order of support, informing the obligor of the department's intention to certify the obligor to any appropriate licensing board. Service of such notice shall be deemed sufficient if provided in accordance with RSA 161-B:9 and RSA 161-B:10 or as otherwise provided by law. Notice of the department's intention to certify the obligor to any appropriate licensing board shall include: (a) A statement of the terms of the order, including the names of the dependent children. (b) A statement of the accrued arrearage which indicates that the obligor is not in compliance with a legal order for support. (c) A statement indicating that certification of the obligor to a licensing board for noncompliance with a legal order of support shall result in the licensing board revoking any appropriate license or licenses held by the obligor, or refusing to issue or reissue any appropriate license or licenses. (d) A statement of the procedures available to the obligor for contesting certification to a licensing board which shall include notice of the process available to the obligor for administrative and judicial review. III. The department may certify in writing to any appropriate board that an obligor is not in compliance with a legal order of support 21 days after issuing notice pursuant to paragraph II. If the obligor contests the certification under subparagraphs (a) or (b)(2), the department shall stay the certification action in accordance with this section. The obligor may contest certification as follows: (a) The obligor may request a supervisory review to contest the certification. A request for supervisory review must be made in writing and received by the department within 21 days of service of the notice of noncompliance pursuant to paragraph II. The issues that may be considered on review are limited to mistake of fact and whether the obligor is in compliance with the legal order of support. Within 20 days of the supervisory review, the person conducting the review shall issue a written decision and forward the decision to the obligor. (b) If the obligor does not request a supervisory review within 21 days of service and is not in compliance with the legal order of support, the department may certify the obligor to any appropriate board for the purpose of suspending, revoking, or denying the issuance or renewal of any appropriate license or licenses, unless: (1) The obligor comes into compliance with the legal order of support; or (2) A motion to modify is pending at the time of certification, or the obligor has filed a motion with the court to modify the legal order of support, within 21 days of the service of the notice of noncompliance, pursuant to which the court could change the obligor's support obligation, amount of arrearage owed, or the amount of the payment toward the arrearage. The motion to modify may request that the court make a determination of good cause without the need to request a supervisory review, provided such claim is made within 21 days of the service of the notice of noncompliance. (c) Within 30 days of the written decision pursuant to the supervisory review, the obligor may request an administrative hearing to contest the issue of compliance. A request for hearing must be received by the department within 30 days of the written decision pursuant to the supervisory review. 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. The issues that may be considered at hearing are limited to mistake of fact and whether the obligor is in compliance with a legal order of support. The hearings officer shall issue a written decision within 20 days of the hearing and forward the decision to the obligor. (d) Within 30 days of the written decision pursuant to the administrative hearing, the obligor may appeal to the superior court. Such appeal shall be restricted to a review of the record. Upon review of the record, the court in its discretion may request the submission of additional evidence and order a hearing on the additional evidence. IV. Within 10 days of certification, the appropriate board shall notify the obligor that the obligor's license or licenses have been revoked due to such certification. V. Once the department certifies to a licensing board that an obligor is not in compliance with a legal order of support or a license has been revoked pursuant to this chapter, the board shall refuse to issue or reissue a license until the obligor provides the board with a release from the department which states that the obligor is in compliance with the legal order of support. The obligor shall not be permitted to challenge the certification before any licensing board. VI. When an obligor, after certification, subsequently complies with the legal order of support, the department shall provide the obligor with a written release indicating that the obligor is in compliance with the legal order of support. Upon the obligor providing the appropriate board with a copy of the release, the board shall grant, reissue, or renew the license or licenses of the obligor in accordance with the issuing authority of the licensing board and subject to administrative costs and fees of the licensing board, if any, unless such license has otherwise been revoked. VI-a. The social security number of any applicant for a professional license, commercial driver's license, occupational license, or marriage license shall be recorded on the application, provided that if the use of a number other than the social security number is allowed, the applicant shall be so advised. Any application required by this section to contain a social security number shall be confidential and not subject to the right to know law. The use of such number shall be limited to proceedings or actions to establish paternity or to establish or enforce support and shall only be provided to or entered in any out-of-state or federal data base for those cases for which the department is providing services. VII. The commissioner is authorized to enter into agreements with the various licensing boards as necessary to implement this chapter. Source. 1995, 254:4; 310:175, 183. 1997, 263:8, 9, eff. Aug. 18, 1997.
Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XII-161-B.htmFetched: 10/20/2026

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