ALTERNATIVE METHOD OF SUPPORT ENFORCEMENT FOR DEPENDENT CHILDREN

RSA tit. XII, ch. 161-C

in effect

RSA 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.

RSA 161-C:2 Definitions.

161-C:2. Definitions. As used in this chapter, the following words shall have the following meanings unless the context clearly indicates otherwise: I. "Legal order of support" means any judgment or order including an order in a final decree of divorce 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 to issue and modify support orders. I-a. "Account" means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, money market mutual fund account, or brokerage account. II. "Dependent child" means any natural or adoptive child who is not self-supporting, married, or a member of the armed services, or who has not reached the age of 18 years. III. "Department" means the New Hampshire department of health and human services. IV. "Commissioner" means the commissioner of the New Hampshire department of health and human services, or his designee or authorized representative. V. "Disposable earnings" means that part of the earnings of any individual remaining after the deduction from those earnings of any amount required by law to be withheld. VI. "Earnings" means compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus or otherwise, and specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, and all gain derived from capital, from labor or from both combined, including profit gained through sale or conversion of capital assets but does not include payments by any department or division of the state or federal government based upon inability to work or obtain employment. VI-a. "Obligor" means the person found to be legally liable for child support. VI-b. "Financial institution" means: (a) A depository institution, as defined in section 3(c) of the Federal Deposit Insurance Act at 12 U.S.C. 1813(c). (b) An institution-affiliated party, as defined in section 3(u) of such act at 12 U.S.C. 1813(u). (c) Any federal credit union or state credit union, as defined in section 101 of the Federal Credit Union Act (12 U.S.C. 1752), including an institution-affiliated party of such a credit union, as defined in section 206(r) of such act at 12 U.S.C. 1786(r). (d) Any benefit association, insurance company, safe deposit company, money market mutual fund, brokerage firm, federal or state-chartered fiduciary bank, or similar entity. VII. "Person" means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the state or instrumentality of the state. VIII. "Public assistance" means money payments made by the state pursuant to RSA 161 or RSA 167 and any regulations promulgated thereunder. IX. "Responsible parent" means the natural or adoptive parent of a dependent child. Source. 1977, 589:1. 1983, 291:1, I, II. 1985, 331:7. 1992, 119:1. 1995, 310:110. 1997, 263:10, 11. 2006, 185:4, 5, eff. May 26, 2006.

RSA 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.

RSA 161-C:3-a Confidentiality of Records and Information; Information From Financial Institutions.

161-C:3-a. Confidentiality of Records and Information; Information From Financial Institutions. I. Notwithstanding the provisions of RSA 359-C or any other law to the contrary, the commissioner is hereby authorized to request, on an individually-named basis, and receive, on the same basis, from any bank, trust company, savings and loan association, credit union, or other financial institution doing business in this state information with respect to the transactions with any institution and the assets of any delinquent obligor or individual against whom the department is seeking to establish or enforce an obligation of support. The institution shall furnish the information within 15 days of the department's request. After such time, an institution which fails to comply with these provisions shall be liable for an administrative fine of $50 per day. II. The commissioner is hereby authorized to request and receive from any former or current employer, including for-profit, nonprofit, and governmental employers, information necessary to the establishment or enforcement of child support orders, including, but not limited to, the dates of employment, number of hours worked, rate of pay, date of birth, available health insurance, current address, payroll deductions, and social security number of any delinquent obligor or individual against whom the department is seeking to establish or enforce an obligation of support. The institution shall furnish the information within 15 days of the department's request. After such time, an employer who fails to comply with these provisions shall be liable for an administrative fine of $50 per day. III. The department and any financial institution or employer who discloses financial or employment records under this section shall not be subject to civil liability or criminal prosecution which is based upon its disclosure under this section, or for any other action taken in good faith to comply with the requirements of this section. A financial institution shall not be liable under federal or state law to any person for encumbering or surrendering any assets held by such financial institution in response to a notice of lien or levy issued by the department. IV. 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 employed by the office of child support, attorneys responsible for the administration of RSA 546-B, attorneys employed by the department in RSA 169-C proceedings, the client or the client's authorized representative and courts or agencies in other states engaged in the enforcement of support of minor children as authorized by 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 location and notification of parents in RSA 169-C proceedings, 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-a. Notwithstanding paragraph IV or any other provision of law, custodial parents, guardians, and caretakers are authorized to request and receive from any responsible parent's former or current employer doing business in this state health insurance information necessary for the enforcement and establishment of medical support orders, including the availability of coverage. V. Any financial institution or employer who does not comply with the requirements under this section shall be guilty of a misdemeanor. VI. The department is authorized to obtain access to certain records held by public utilities, cellular mobile radio communications companies, Internet service providers, and cable or satellite television companies with respect to individuals who owe or are owed support, or against or with respect to whom a support obligation is sought, consisting of the names and addresses, including email addresses, of such individuals and the names and addresses of the employers of such individuals, pursuant to an administrative subpoena issued by the commissioner. VII. The department is authorized to enter into agreements with financial institutions doing business in the state: (a) To develop and operate, in coordination with such financial institutions, a data match system, using automated data exchanges to the maximum extent feasible, in which each financial institution is required to provide for each calendar quarter the name, record address, social security number or other taxpayer identification number, and other identifying information for each obligor who maintains an account at the financial institution and who owes past-due support, as identified by the state by name and social security number or other taxpayer identification number. (b) In response to a notice of lien or levy, to encumber or surrender, as the case may be, assets held by such institution on behalf of any obligor who is subject to a child support lien pursuant to RSA 161-C. VIII. The department shall pay a reasonable fee to a financial institution for conducting the data match provided for in paragraph VII(a), not to exceed actual costs incurred by such financial institution. Source. 1985, 344:4. 1989, 360:3. 1992, 270:3. 1994, 214:2, 3. 1995, 310:23, 175, 183. 1997, 263:12-14. 2003, 198:1. 2010, 24:1, eff. May 7, 2010.

RSA 161-C:3-b Medical Support Enforcement.

161-C:3-b. Medical Support Enforcement. I. With respect to orders for medical support for which there is an assignment pursuant to RSA 167:14-a, the office of child support enforcement services, department of health and human services, shall obtain health insurance coverage information regarding medical assistance recipients and applicants for medical assistance and provide this information to the office of medical services, department of health and human services, for third party liability purposes. II. In all child support cases administered by the office of child support enforcement services, when the responsible parent obtains health insurance coverage for a dependent child, the responsible parent shall provide sufficient health insurance policy information which would permit a claim to be filed or, in the case of a health maintenance or preferred provider organization, service to be provided, to the office of child support enforcement services, department of health and human services. III. The department of health and human services, upon receipt of the health insurance policy information, is authorized to request and receive notice from the responsible parent's insurance company or employers, or both, when such health insurance policy has been discontinued. The insurance company or employer, or both, shall furnish the requested information within 15 days. IV. In all child support cases administered by the office of child support enforcement services, when the parent or parents responsible for providing health insurance pursuant to a court order obtains health insurance coverage for a dependent child, the dependent child shall be entitled to receive directly from the health insurance provider a copy of the certificate of insurance and any accompanying endorsement and any riders covering such dependent child upon request in writing by the office of child support enforcement services, the dependent child, or the child's parent or guardian. V. Notwithstanding any other provision of law, the department, a parent, guardian, or caretaker shall be entitled to receipt of health insurance policy information from a responsible parent's insurance company or employer, or both. The parent, guardian, or caretaker shall also be entitled to notice from the responsible parent's insurance company or employer when such health insurance has been discontinued. The insurance company or employer, or both, shall furnish the information within 15 days of eligibility or discontinuance. VI. The department may provide certain information to health carriers, as defined in RSA 420-G:2, public agencies or its contracted agents concerning individuals who are subject to an order to provide health insurance coverage for dependents administered by the office of child support enforcement services, and their dependent children covered by such medical support orders, as necessary to cross-match the individuals with policyholder and subscriber information pursuant to RSA 161-C:3-e and rules adopted by the commissioner pursuant to that section, for the purpose of enforcing orders for medical support. The department may identify such individuals by name, the 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. Source. 1989, 121:1. 1992, 33:1. 1994, 214:4. 1995, 310:175, 181. 1996, 297:1. 2003, 145:1, eff. Aug. 16, 2003.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 161-C:13 Distraint, Seizure and Sale of Property Subject to Liens.

161-C:13. Distraint, Seizure and Sale of Property Subject to Liens. I. Whenever a support lien has been filed pursuant to RSA 161-C:10 the commissioner may collect the support debt stated in said lien by the distraint, seizure and sale of the property subject to said lien. The commissioner shall serve notice to the responsible parent and any person known to have or claim an interest therein of the general description of the property to be sold and the time and place of said property. II. A notice specifying the property to be sold shall be posted in at least 2 public places in the county wherein the distraint has been made. Except for good cause shown, the time of sale shall not be less than 10 nor more than 20 days from the date of posting of such notices. In no event shall a sale of property take place under this chapter until 20 days after the responsible parent has received notice of such parent's rights to contest the proceeding. The sale shall be conducted by the commissioner or designee who shall proceed to sell such property by parcel or by lot at a public auction, and who may set a minimum reasonable price to include the expenses of making a levy and of advertising the sale. If the amount bid for such property at the sale is not equal to the price so fixed, the commissioner may declare such property to be purchased by the department for such price and pay off all prior mortgages and liens or may conduct another sale of such property pursuant to the provisions of this section. In the event of sale, the responsible parent's account shall be credited with the amount for which the property has been sold after paying off prior mortgages or liens. In lieu of any such sale, the seized property may be distributed in accordance with the rules for distribution established by the department. III. Property acquired by the department as prescribed in this section may be sold by the commissioner or designee at public or private sale and the amount realized shall be placed in an appropriate state fund to the credit of the department of health and human services. In all cases of sale under this section, the commissioner shall issue a bill of sale or a deed to the purchaser and such bill of sale or deed shall be prima facie evidence of the right of the commissioner to make such sale and conclusive evidence of the regularity of the commissioner's proceeding in making the sale and shall transfer to the purchaser all right, title and interest of the debtor in the property. The proceeds of any such sale, except in those cases in which the property has been acquired by the department, shall be first applied by the commissioner to pay off prior mortgages or liens, then to reimbursement of the costs of distraint and sale, and thereafter in satisfaction of the delinquent account. Any excess which shall thereafter remain in the hands of the commissioner shall be refunded to the debtor. IV. Distraint, seizure, and sale under this section may be carried out by law enforcement personnel and any other agents so authorized by the department. Source. 1977, 589:1. 1983, 291:1, II. 1985, 331:16, 17. 1995, 310:175, 181, 183. 1996, 297:6, eff. June 10, 1996.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 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.

RSA 161-C:26-b Denial of Passports.

161-C:26-b. Denial of Passports. I. The department is authorized to certify to the United States Secretary of Health and Human Services, pursuant to section 652(k) of the Social Security Act, that an obligor owes child support arrearages in the amount specified by the federal law and is out of compliance with a legal order of support. II. The obligor shall be given prior notice of the determination and of the consequences and an opportunity to contest the determination. Source. 1997, 263:18. 2007, 34:1, eff. July 13, 2007.

RSA 161-C:26-c Hiring Reports.

161-C:26-c. Hiring Reports. The department shall be authorized to receive from the state directory of new hires maintained by the department of employment security pursuant to RSA 282-A:117-a, I, reports made by an employing unit of the hire, rehire, or contracting of services of any named individual whom the department seeks to locate for purposes of establishing paternity and establishing, modifying, and enforcing child support obligations. Source. 1997, 263:18, eff. Aug. 18, 1997.

RSA 161-C:27 Judicial Review.

161-C:27. Judicial Review. Any person who is aggrieved by any action of the commissioner relative to the administrative process under this chapter may appeal to the superior court within 30 days of the receipt of the decision of a hearings officer. 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. Source. 1977, 589:1. 1985, 331:21. 1989, 360:8. 1995, 310:183, eff. Nov. 1, 1995.

RSA 161-C:28 Rulemaking.

161-C:28. Rulemaking. The commissioner is hereby authorized, subject to RSA 541-A, to adopt such rules not inconsistent with this chapter as may be necessary to the efficient administration of the functions with which the commissioner is charged under this chapter. Source. 1977, 589:1. 1983, 242:4. 1995, 310:183. 1996, 297:10, eff. June 10, 1996.

RSA 161-C:29 Separability of Provisions.

161-C:29. Separability of Provisions. If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid the remainder of the chapter, and the application of such provision to other persons or circumstances shall not be affected thereby. Source. 1977, 589:1, eff. July 1, 1977.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-XII-161-C.htmFetched: 10/20/2026