| New Hampshire State Profile |
|
| A. General/State-At-A-Glance |
| A1. What is your State's program administration/operation type (State administered/State operated, State administered/County operated, or a combination)? |
| State Administered/State Operated |
| A2. How many local IV-D offices are in your State (excluding agencies with cooperative agreements)? |
| 12 district offices, one centralized Interstate office, and one centralized legal office |
| A3. With what types of agencies do you have cooperative agreements? |
| Administrative Office of the Courts |
| A4. Does your State have statutes that set forth the attorney-client relationship between the State's attorney and the agency only? |
| No |
| A4.1. If yes, what is the statutory citation? |
N/A
For Additional Information - No Link Provided |
| A4.2. Did your State have the State's Bar Counsel issue an opinion setting for the attorney-client relationship? |
| Yes. |
| A4.3. If yes, please explain. |
| The New Hampshire Bar Association Ethics Committee issued an opinion in 1993, agreeing that DCSS attorneys represent the State, and not the recipient of IV-D services. The committee, however, concluded that DCSS must give adequate notice to the parent of non-representation and lack of confidentiality. Such notice must be in writing. The notice is provided on the Application for Services. |
| B. UIFSA |
 |
|
| B1. What is the enactment date of your State's Uniform Interstate Family Support Act (UIFSA)? |
| 04/03/1997 |
| B2. What is the effective date of your State's UIFSA? |
| 01/01/1998 |
| B3. What is the statutory citation for your State's Act? |
RSA chapter 546-B
For Additional Information - http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LV-546-B.htm |
| B4. What version of UIFSA has your state implemented (i.e. the 1996 or 2001 version)? |
| 1996 |
| B4.1. If your state has implemented the 2001 version, when was it implemented? |
| N/A |
| B5. Optional comments regarding your State's UIFSA. |
| None |
| C. Reciprocity |
|
|
| C1. With what foreign countries does your State reciprocate? |
| England, Germany, Scotland, Poland, Australia, Canada, El Salvador, Finland, Hungary, Ireland, Netherlands, Norway, Portugal, Slovak Republic, Switzerland, Quebec Province (Provence de Quebec), Canada |
| C1.1. Does your State exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal only orders for foreign reciprocating countries? |
| No. |
| C1.2. If yes, please explain. |
| N/A |
| C2. Has your State established reciprocity with any Tribal courts? |
| No |
| C2.1. If yes, list the Tribes and identify services provided, if less than full services. |
| N/A |
| D. Age of Majority |
|
|
| D1. What is the age of majority in your State? |
| Until age 18 or terminates high school, whichever is later; or becomes married or becomes a member of the armed services; unless children are declared legally dependent beyond that age due to mental or physical disability; or unless the court has otherwise ordered support to continue beyond age 18. |
| D2. What is the statutory citation for the age of majority? |
RSA 461-A:14
For Additional Information - http://www.gencourt.state.nh.us/rsa/html/XLIII/461-A/461-A-14.htm |
| D3. If not addressed in the order, at what age is child support automatically terminated as a matter of State law? Qualify, if necessary. |
| 18 or graduates High School whichever is later |
| D4. Does the date of the order impact what law is applied? |
| No |
| D4.1. If yes, please explain. |
| N/A |
| D5. Does child support end if the child leaves the household but does not emancipate? |
| No |
| D5.1. Optional comments regarding emancipation. |
| N/A |
| D6. Does your State allow support to be paid beyond the age of majority under any circumstances (e.g. the child is handicapped or in college)? |
| Yes |
| D6.1. If yes, please explain. |
| There must be a court order to extend beyond the age of majority. Decided on a case by case basis examples of extenuating circumstances include physical or mental handicap of the child or college. |
| D7. Does your state automatically reduce current support owed for remaining children after one of the children in an order reaches the age of majority or other wise emancipates? |
| No |
| D7.1. If yes, please describe the procedure. |
| N/A |
| E. Statute of Limitations |
|
|
| E1. What is your State's statute of limitations for collection of past due support? |
| Pursuant to RSA 508:5 Once a debt is a judgment the statute of limitations is 20 years and pursuant to RSA 458:17,VII, support payments become judgments when due and payable by operation of law. (effective 1988) |
| E2. What is your State's statute of limitations for paternity establishment? |
Action must be commenced by the child's 18th birthday. Legal cite RSA 168-A:12.
For Additional Information - http://www.gencourt.state.nh.us/rsa/html/XII/168-A/168-A-12.htm |
| E3. Is dormancy revival/renewal possible? |
| No |
| E3.1. Please explain the circumstances when possible, and the length of time possible. |
| N/A |
| F. Support Details |
|
|
| F1. What guideline type or method does your State use to calculate child support (e.g., Shared Income Model, Percentage of Income Model, and Melson Formula)? |
New Hampshire's guidelines are statutorily determined using a percentage of income model.
For Additional Information - No Link Provided |
| F2. Does your State charge interest on missed arrears? |
| No |
| F2.1. If yes, please indicate the amount of interest charged and any related conditions. |
| N/A |
| F3. Does your State charge interest on retroactive support? |
| No |
| F3.1. If yes, please indicate the amount of interest charged and any related conditions. |
| N/A |
| F4. Does your State charge interest on adjudicated arrears? |
| No |
| F4.1. If yes, please indicate the amount of interest charged and any related conditions. |
N/A
For Additional Information - No Link Provided |
| F5. Will your State enforce a medical debt for 50% of the uninsured portion of a medical bill? |
| Yes |
| F5.1. If yes, under what circumstances? |
| If the support order includes a provision obligating payment of a percentage of uninsured portion of a medical bill, DCSS will enforce the provision. |
| F6. Does your state elect to recover costs or charge fees in your IV-D State Plan? |
| Yes |
| F6.1. If yes, what costs are recovered from/fees charged to the obligee? |
| Fees associated with paternity testing, if court ordered, and the $25.00 annual fee (for all never assistance cases). |
| F6.2. What costs are recovered from/fees charged to the obligor? |
| Paternity testing costs may be recovered from obligor if testing is court ordered, and obligor is determined to be father. |
| F7. Does your State recover costs on behalf of the initiating State? |
| Yes |
| F7.1. Optional comments regarding recovering of initiating State's fees. |
| Initiating State's support order must specify dollar amount to be recovered. |
| F8. Please provide a citation for your State's long-arm statute to establish and/or enforce child support. |
RSA 510:4
For Additional Information - http://www.gencourt.state.nh.us/rsa/html/LII/510/510-4.htm |
| F9. Does your State establish, enforce, or modify spousal maintenance orders? |
| Yes |
| F9.1. If yes, under what circumstances? |
| We do not establish or modify spousal maintenance orders; we will enforce spousal maintenance if it is in conjunction with a child support order. |
| F10. Does your State require the initiating State to include information about the new spouse or partner upon a request for establishment or modification (See General Testimony, See AT 05-03)? |
| No |
| F10.1. Optional comments regarding required information on spouse or partner. |
N/A
|
| F11. How does your State impose and collect the mandatory annual fee applicable to IV-D cases for individuals who have never received IV-A assistance? |
| Fee is collected by retaining the fee amount from support collected on behalf of the individual, after the first $500.00 collected on the individual's behalf each FFY. |
| F11.1. Does your State collect the fee by retaining the support collected on behalf of the individual (but not the first $500 collected)? |
| Yes |
| F11.2 Does your State collect the fee from the individual applying for IV-D s.ervices? |
| Yes |
| F11.3. Does your State collect the fee from the absent parent? |
| No |
| F11.4. Does your State pay the fee out of its own funds? |
| No |
| F12. When will your State implement the required DRA limited-assignment provision? |
| 10/1/2009 |
| F13. Will your State pass through (and disregard for TANF eligibility purposes) the Excepted Portion to Families in Current Assistance cases? |
| No |
| F13.1. If yes, provide the date. |
| |
| F14. Will your State participate in the pass through in Former Assistance cases? |
| No |
| F14.1. If yes, provide the date. |
|
| F15. Will your State discontinue eligible assignments under the DRA of 2005? |
| No |
| F15.1. If yes, list the eligible assignments your State would discontinue. |
| N/A |
| F15.2. When will your State discontinue each type of assignment? |
| N/A |
| F16. Will your State follow PRWORA distribution ordering rules or DRA distribution ordering rules in Former Assistance cases? |
| PRWORA |
| F17. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee? |
| |
| F17.1. What are your States requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid-only with a different payee? |
| |
| F17.2. What are your State's requirements to redirect payments from the court-order payee when a child on the order is with a different payee and not receiving TANF or Medicaid only? |
| |
| F17.3. How does your State collect the $25.00 annual fee on never-TANF cases? |
| The fee will be collected from support payments received in an eligible case, and the Payor will receive full credit for the support payment(s) from which the fee is deducted. |
| G. Income Withholding |
|
|
| G1. What term(s) does your State use to refer to income withholding (e.g., wage withholding)? |
| Income Assignment |
| G2. What specific source of income is not subject to withholding? |
Public Assistance, including TANF, APTD, SSI, Food Stamps and general assistance received from a county or town.
For Additional Information - No Link Provided |
| G3. Does your State have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits? |
| No |
| G3.1. If yes, what are those limits? |
| N/A |
| G4. What is the allowable fee per pay period for processing income withholding payments? |
$1.00 per transaction (optional)
For Additional Information - No Link Provided |
| G5. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding? |
| The first payday after receipt of the notice |
| G6. What is the date by which an employer must remit amounts withheld from an employee's pay? |
| Immediately on each payday. |
| G7. What are your State's procedures for sanctioning employers for not implementing income withholding? |
| $1000 criminal misdemeanor fine, plus $100 administrative fine for each payday for each employee. |
| G8. What is the penalty to an employer for failure to remit payments withheld? |
| Same as G7. |
| G9. Does your State allow direct income withholding of unemployment insurance (UI) benefits across State lines? |
| No |
| G9.1. If yes, list the name and address for the contact who will receive the direct income withholding order. |
| States are sending direct income withholding directly to the Unemployment office which are rejected by them. Any UCB requests MUST be sent to the NH Central Registry, with the following documents, Initial Request form, Court Order pertaining to CS, & an arrearage statement based on that order. No W/A form needs to be sent to Central Reg, but the document/cover letter must specify that the state is wanting NH to collect UCB. |
| G9.2. Optional comments regarding direct withholding of UI benefits across state lines. |
| |
| G10. Does your State allow direct income withholding of workers' compensation (WC) benefits across State lines? |
| Yes |
| G10.1. Optional comments regarding direct withholding of WC benefits across State lines. |
| None |
| G11. How does an obligor contest income withholding in your State? |
| He may contest either by administrative or judicial process, at the obligor's choice. |
| G12. When the obligor has more than one claim for child support against his/her income, indicate your State's priority scheme for income withholding orders (e.g., employer should allocate available amount for withholding equally among all orders or prorate available amount across orders). |
| If multiple withholding orders are payable through N.H. D.C.S.S., money is prorated between orders. |
| G12.1. If an employer in your State receives more than one income withholding order for child support from other States; can the employer request your assistance? |
| No |
| G12.2. If assistance is not available, explain how employers should proceed. Please provide a citation for the State law that governs how they should proceed. |
The employer should contact the other state requesting the wage assignment Employers should read the notices carefully and if they continue to have questions they should call the contact listed on the Notice of Income Withholding(s).
For Additional Information - No Link Provided |
| G13. Does your State require any mandatory deductions, such as union dues, medical insurance premiums, etc., to arrive at net pay from gross pay when calculating disposable income for child support purposes? |
| No |
| G14. When does your state require the employer to send notice of an employee's termination? |
Within 15 days of employee's termination
For Additional Information - No Link Provided |
| G15. How long should an employer retain the income-withholding order (IWO) after termination of an employee, in anticipation of reinstating the withholding should the employee be rehired? |
| If employee is on a temp lay-off, then employer should notify DCSS of this and responsible worker will make the final determination what to do |
| G16. Does the State charge any fee to the obligor that the employer is required to withhold and remit to the State? |
| No |
| G17. Does your State offer an alternate web-based payment mechanism in addition to paper and EFT/EDI? |
No
For Additional Information - No Link Provided |
| G18. Can a direct income withholding be sent to any of the following in your State: employer, financial institution (explain what institutions), Bureau of Workers Compensation, or other income payer? |
Yes
For Additional Information - No Link Provided |
| G19. If there is insufficient income for an employer to withhold for both the total amount of child support and medical support, describe your State's prioritization between child support and medical support. |
Based on the order, if there are arrearages, then we ask for 65% of the total child support. Medical Support is pro-rated when receipt is distributed.
For Additional Information - No Link Provided |
| H. Paternity |
|
|
| H1. When your State enters an order establishing paternity, are issues of custody and visitation also addressed? |
| No |
| H1.1. If yes, please explain. |
| N/A |
| H2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
97%
For Additional Information - http://www.gencourt.state.nh.us/rsa/html/LIII/522/522-4.htm |
| H3. Optional comments regarding paternity acknowledgment conclusive legislation. |
A paternity acknowledgment may be rescinded within 60 days from date of acknowledgment.
For Additional Information - No Link Provided |
| H4. What is the effective date of the State law that makes paternity acknowledgments conclusive? |
| 11/01/1990 |
| H4.1. Were acknowledgments prior to that effective date rebuttable? |
| Yes |
| H4.2. Optional comments regarding paternity acknowledgments prior to that date. |
None
For Additional Information - No Link Provided |
| H5. Does marriage constitute a rebuttable presumption of paternity? |
| Yes |
| H5.1. If yes, how is the presumption rebutted? |
It is rebuttable through Judicial process.
For Additional Information - No Link Provided |
| H6. If the father's name is on the birth certificate and paternity has not been established by any other means does this mean that paternity is conclusively determined? |
| No |
| H6.1. If no, briefly explain. |
Yes. Paternity may be rebutted through a court action.
For Additional Information - No Link Provided |
| H7. Does your State have any other paternity-related presumptions? |
| No |
| H7.1. If yes, briefly explain. |
N/A
For Additional Information - No Link Provided |
| H8. Does your State have a putative fathers' registry? |
| Yes |
| H8.1. If yes, what is the name of that entity? |
| Claim of paternity affidavit registry. The registry is maintained by NH DCSS. Contact telephone Number: 603-271-4745 |
| H9. Are there any fees for requesting searches, paternity documents, and data from your State Bureau of Vital Statistics? |
| Yes |
| H9.1. If yes, please describe any circumstances under which these fees may be waived. |
None.
For Additional Information - No Link Provided |
| H10. Is common law marriage recognized in your State? |
| Yes |
| H10.1. If yes, briefly describe the standard that defines common law marriage. |
Only recognized at the death of a party.
For Additional Information - No Link Provided |
| H10.2. When did your current common law standard go into effect? |
| |
| H10.3. If there was a common law standard in effect prior to your current standard, what was that standard and when did it go into effect? |
| Date field will not accept year - Effective year: 1842 N/A |
| H11. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable (e.g., written, videotape, teleconferencing) |
| It is up to the Judge in each case to make a determination. Teleconferencing has been allowed. |
| H12. Please give the statutory citation for your State's long arm statute and list any special provisions. |
RSA 510:4
For Additional Information - http://www.gencourt.state.nh.us/rsa/html/LII/510/510-4.htm |
| H13. Does your State recover genetic testing costs for other States? |
| Yes |
| H13.1. If so, please explain. |
| When court ordered. |
| H14. List any documents required to get the father's name on the birth certificate (e.g. is an acknowledgement of paternity needed)? |
| Court Order, acknowledgement of paternity |
| H15. What is the effective date of the State law that makes a father's name on the birth certificate a conclusive determination of paternity? |
| 11/1/1990 |
| H16. If there is more than one child with the same custodial party, and the same alleged father, should one set of documents be sent to your state (with a paternity affidavit for each child) or should a separate packet be sent for each child? |
| One set of documents for each child, including a paternity affidavit and supporting documents, e.g., paternity questionnaire. |
| I. Support Order Establishment |
|
|
| I1. Does your State use an administrative, a judicial or a combined process to establish a support obligation? |
| Administrative establishment is allowable under state law, however, only an expedited judicial process is currently in use. |
| I1.1. If your State can establish under both, under what circumstances would the administrative process be used? |
| Administrative process is not currently in use. |
| I1.2. Under what circumstances would the judicial process be used? |
| Judicial process is the only process in use. |
| I1.3. If your State uses an administrative process, provide the statutory citations for your State's administrative procedures. |
N/A
For Additional Information - No Link Provided |
| I2. In setting support under your State's guidelines, whose income is considered in addition to the NCP (e.g., new spouse's or child's) |
The Custodial Parent's.
For Additional Information - No Link Provided |
| I3. What criteria for rebutting your presumptive guidelines have been established in your State? |
Pursuant to RSA 458-C:5 there may be adjustments to the application of the guidelines under special circumstances as determined by the court. For example such as for the extraordinary medical, dental or education expenses incurred by a party on behalf of the children involved, or for shared custody arrangements.
For Additional Information - http://www.gencourt.state.nh.us/rsa/html/XLIII/458-C/458-C-5.htm |
| I4. Will your State establish support orders for prior periods? |
| Yes |
| I4.1. If yes, for what prior periods (e.g., birth of the child, date of separation, prenatal expenses, 5 years retroactive)? |
| No limitation if child is less than 3 months old. If child is 3 months old or older, prior support is limited to the amount accrued from the date of service of the petition on the father or, if the court finds father is willfully avoiding service, from such date as the court deems equitable and just. |
| I4.2. What information or documentation does your State require to proceed? |
A petition, a return of service or waiver of service, a completed guideline worksheet, financial affidavits completed by both parties, and a proposed Uniform Support Order.
For Additional Information - No Link Provided |
| I4.3. Will your State allow a petition for support when the only issue is retroactive support? |
| Yes |
| I4.4. If there are limitations upon your State's ability to establish support for prior periods, please specify. |
| See I4.4 |
| I5. What actions can your State perform using the administrative process? Does your State use an administrative process for paternity, establishment, modification and the enforcement of child support? |
See I1.1
For Additional Information - No Link Provided |
| I6. What is your State's statutory authority for the administrative process? |
NH does not use an administrative process.
For Additional Information - No Link Provided
|
| I7. Is there a local State law that allows an interstate administrative subpoena? |
No
For Additional Information - No Link Provided |
| I8. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is being expended? |
Yes
For Additional Information - No Link Provided |
| I9. Does your State require that a custodial person (who is not one of the biological parents) to have legal custody of a child before establishing an order for support for that child when public assistance is/or is not being expended? |
| Yes |
| I10. Does your State require that a custodial party (who is not one of the biological parents) to have legal custody of a child before enforcing an order for support that was issued as the biological parents as the parties for non public assistance cases? |
| Yes |
| I11. When your State has issued an order that reserves support, and now child support should be ordered, should the other State request an establishment or a modification action? |
| The other state needs to request a modification of that prior order. |
| J. Support Enforcement |
|
|
| J1. Indicate whether your state has the following enforcement remedies available. Also indicate what procedures are available (i.e., judicial, administrative, or both? |
|
| J1.1. Are your State income tax refund procedures judicial, administrative, or both? |
| NH does not have a State Income Tax. |
| J2. Is the lien process in your State judicial, administrative or both? |
| Administrative |
| J2.1. What are the trigger criteria for filing a lien? |
For liens against real and personanl property (except bank accounts/financial assets), obligor must be more than 60 days in arrears. For liens against bank accounts/financial assets (stocks, bonds, etc.) obligor must be more than 60 days in arrears and arrearage amount must be greater than $500.00.
For Additional Information - No Link Provided |
| J2.2. Where are your State liens filed? |
| Real Property - County Registry of Deeds; Personal Property (other than financial assets)- Secretary of State; Financial Assets - bank/finacial institution holding the asset; Estates - Responsible Probate Court and Executor of estate. |
| J2.3. Does your State charge a fee for filing a lien? |
| No |
| J2.4. If yes, please indicate the amount. |
| N/A |
| J.3. Does your State enforce property seizure and sale? |
| No |
| J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
| NH law allows seizure and sale of liened property, however, NH DCSS does not initiate seizure and sale actions. |
| J4. Are the MSFIDM Freeze and Seize procedures in your State judicial, administrative, or both? |
| Administrative |
| J4.1. When must a NCP receive notice that a MSFIDM Freeze and Seize action is an enforcement remedy and may be used by the State to collect delinquent child support? |
| When opening enforcement letters are sent. |
| J4.2. Does your State's income withholding definition includes amounts in financial institutions? |
No
For Additional Information - No Link Provided |
| J4.3. Does a new notice have to be sent when intent to Freeze and Seize is sent? |
| Yes |
| J4.3.1 If yes, who notifies the NCP, the State or financial institution? |
| State |
| J5. What are the time frames if a new notice of intent to Freeze and Seize must be sent? |
| Notice to asset holder and obligor are sent at the same time. |
| J5.1. What are the criteria that must be met to deem an obligor eligible for Freeze and Seize action in your state? |
| Obligor must be more than 60 days in arrears and arrearage amount must be greater than $500.00. IRA accounts are exempted. |
| J5.2. What is the minimum dollar amount that the obligor must be delinquent prior to becoming eligible for asset seizure? |
$500.00.
For Additional Information - No Link Provided |
| J5.3. Is there a specified amount of time for the obligor to be delinquent prior to proceeding with Freeze and Seize? |
| Yes |
| J5.3. 1. If yes, please provide the time frame. |
| Must be more than 60 days in arrears. |
| J5.4. Are only a certain percentage of the obligor's financial assets eligible for Freeze and Seize? |
| Yes |
| J5.4.1. If yes, please provide the percentage. |
| Only assets in excess of $1,000.00 can be attached (i.e., first $1,000.00 is exempt from attachment). |
| J5.4.2. Is the percentage different for joint accounts? |
| No |
| J5.4.3. If yes, please define. |
| N/A |
| J5.5. Does your State require that a minimum amount of money must be in a financial account for the funds to be eligible for Freeze and Seize action? If so, please provide the amount. |
| $1000.00 minimum |
| J5.6. Who is responsible for applying the minimum amount, your State or the Financial Institution? |
| State |
| J5.7. How long does the obligor and/or account holders have to contact your State child support enforcement and/or court to challenge the Freeze and Seize action? |
20 days
For Additional Information - No Link Provided |
| J5.8. If State law and/or policy allows for a second contest to Freeze and Seize action, how long does the obligor and/or joint account holder have to contact your State child support agency or court to challenge the Freeze and Seize action? |
| Within 30 days of decision on initial appeal. |
| J5.9. On what basis can an obligor and/or other account holders challenge/contest a freeze and seize action? |
Mistake of fact.
For Additional Information - No Link Provided |
| J5.10. Is your State's complaint review process judicial, administrative or both? |
| Both |
| J5.11. What are your State's penalties for incorrect seizures? |
| None |
| J5.12. Is the second challenge administrative, judicial or both? |
| There are two levels of administrative appeal. Actions can be appealed judicially at any time. |
| J5.13. What are your State's appeal time frame, unique appeal requirements and recourse for non-debtor accounts? |
| 20 days from date of notice to request caseworker review. 30 days from date of caseworker decision to request administrative review. If obligor claims that funds belong to a present spouse, IV-D agency will set up administrative review and allow both to be present at the review. No recourse for non-debtor. Obligor can appeal administrative decision judicially, or bypass administrative appeals and appeal directly to court. |
| J5.14. Is the Freeze and Seize operation in your state centralized or automated? |
| Eligible cases are automatically selected. The freeze and seize remedy becomes available on automated system for all selected cases. Responsible worker may then initiate freeze and seize process. |
| J5.15. Are there additional Freeze and Seize requirements or limitations not otherwise noted in this profile? |
| None |
| J5.16. Has your State established a minimum benefit amount that must be met for a financial institution to proceed with the Freeze and Seize action? |
| No |
| J5.16.1. If yes, what is the amount? |
| N/A |
| J5.17. Does your state have procedures in place to liquidate non-liquid assets (e.g., stocks, bonds, etc)? |
| Yes |
| J5.17.1 If yes, please provide the State statutory citation and the procedures financial institutions should follow to liquidate non-liquid assets. |
| For Additional Information - No Link Provided |
| J5.18. Does your State law/policy instruct the financial institution or State to hold the frozen assets during the challenge/appeal time frame and/or freeze period? |
Yes
For Additional Information - http://www.gencourt.state.nh.us/rsa/html/XII/161-C/161-C-12.htm
|
| J5.19. How long does the Financial Institution have to send the obligor's assets to your State child support enforcement agency? |
After 20 days have elapsed from date of notice of lien and order to withhold, and upon receipt of demand notice.
For Additional Information - No Link Provided |
| J6. Does your State withhold State funds or benefits? |
| Yes |
| J6.1. If yes, is the method of withholding State benefits judicial, administrative, or both? |
| Administrative (for Unemployment Compensation only). |
| J7. Please describe any other administrative enforcement procedures your State may have. |
| License revocation, credit bureau reporting, passport denial, federal offset. |
| J8. Please describe any other judicial enforcement procedures your State may have. |
| Show cause hearing. |
| J9. If your State has established specific procedures for registering administrative liens, what are the procedures that another State must follow? |
For real property, only, the state requires that the out of state order be registered through the Central Registry Unit prior to the lien being placed on the real property.
For Additional Information - No Link Provided |
| J10. Which of our State's enforcement remedies are available without registration? |
| Wage Withholding, Financial Institution Data Match, License Revocation, UCB |
| J11. Describe your State's registration and enforcement procedures. |
| Interstate Enforcement Transmittal Request and required documentation must be sent to Central Registry. Central Registry follow UIFSA requirements for the registration of a foreign support order for enforcement. |
| J12. After registration, describe additional judicial procedures required, if any, to enforce a support order. |
| None. |
| J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)? |
| Yes |
| J13.1. If yes, please provide the statutory citation. |
RSA chapter 524-A
For Additional Information - http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LIII-524-A.htm |
| J14. Does your State's law require financial institutions doing business in your State to accept Freeze and Seize actions directly from other States? |
| No |
| J14.1. If no, describe the process for a Freeze and Seize action from another State's IV-D agency (e.g., Transmittal #3, Transmittal #1, and list additional documentation required). |
| Standard UIFSA documentation |
| J15. Does your State use credit bureau reporting as an enforcement method? |
|
| J15. Does your State use credit bureau reporting as an enforcement method? |
| Yes |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
| the top 3 - Trans Union, Equifax |
| J16. Provide which credit bureaus your State report an obligor's child support information? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
|
| J17. Is the method for credit bureau reporting judicial, administrative or both? |
| Administrative. |
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
|
| J18. In an interstate case, does your State report an obligor's child support information to credit bureaus when it is the initiating State, the responding State, or both? |
| Both |
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
|
| J19. What are your State's criteria for reporting an obligor's child support information to credit bureaus? |
| If the NCP has not paid any CS within 60 days, the responsible worker may manually submit the NCP to Credit Bureau. |
| K. Modification and Review/Adjustment |
|
|
| K1. With what frequency are reviews conducted in IV-D cases (e.g., every year, every three years)? |
| Upon the request of the CP, NCP in non-TANF cases; every three years in TANF cases (or upon a substantial change of circumstances for either party or the child). |
| K2. On what basis are the reviews conducted (e.g., on request of the CP, NCP in non-TANF cases, automatically in TANF cases)? |
| On request of the CP, NCP in non-TANF cases; automatically in TANF cases (every three years or upon a substantial change of circumstances for either party or the child). |
| K3. Briefly describe your State's modification procedure. |
| A petition requesting the modification with basis for requesting the modification must be filed in the appropriate court and served upon the opposing party. |
| K4. What are your criteria for modification (e.g., $50 or 20% from present order)? |
| There must be a substantial change in circumstances, for example, if there is a 20% (or more) increase or decrease in either parties income or the children incur extraordinary medical expenses; order does not have a medical support provision; or after three years have elapsed from the date the order was issued. |
| K5. Which of the following criteria for demonstrating a change in circumstances apply, if any? |
|
| K5.1. The earnings of the obligor have substantially increased or decreased. |
| Yes |
| K5.2. The earnings of the obligee have substantially increased or decreased. |
| Yes |
| K5.3. The needs of a party or the child(ren) have substantially increased or decreased. |
| Yes |
| K5.4. The cost of living as measured by the Federal Bureau of Labor Statistics has changed. |
| No |
| K5.5. The child(ren) have extraordinary medical expenses not covered by insurance. |
| Yes |
| K5.6. There has been a substantial change in child care expenses. |
| Yes |
| K5.7. What other criteria does your State use for demonstrating a change in circumstances or comments regarding change of circumstances? |
| Economic consequence of the presence of stepparents, stepchildren or other natural or adoptive children; reasonable expenses incurred by the obligor in exercising visitation; the economic consequences to either party from the disposition of the marital home; the federal tax consequences of the order; state tax obligations; split or shared custody arrangements. |
| K6. Does your State have cost of living adjustments (COLAs)? |
| No |
| K6.1. If so, what index does your State use? |
| N/A |
| K7. How does your State credit SSA disability to current and past due support? |
| Disability amount is credited as ongoing support. If disability amount is less than the support obligation, the obligor pays the difference. |
| K8. Does your State abate support? For example, when the child is not living with the custodial parent for more than 30 days and there has not been a change in custody, or when the non-custodial parent is in prison, etc. |
| No |
| K8.1. If yes, please explain the situation? |
| N/A |
| K8.2. What is the statutory citation for your abatement law? |
N/A
For Additional Information - No Link Provided |
| K8.3. What documents are required for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc. |
| Standard UIFSA documentation |
| K8.4. Please provide information to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests. |
| |
| K9. What information is required to register an out-of-State order for enforcement/modification? |
| Same as for and initial request |
| L. Lump Sum Payments |
|
|
| L1. Does your State define a lump sum payment? |
| No |
| L1.1 If yes, please provide your State's definition. (Be specific, i.e., severance pay, incentives, relocation lump sum payments, ect)? |
| N/A |
| L1.2 Provide the statutory citation. |
N/A
For Additional Information - No Link Provided |
| L2. Does your State law require employers to report lump sum payments? |
| No |
| L2.1 If yes, please provide the statutory citation or rule requiring employers to report this information. |
N/A
For Additional Information - No Link Provided
|
| L3. Are employers required to report lump sums for all income withholding orders (including cases with no arrears)? |
| No |
| L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported? |
| N/A |
| L4. How are employers instructed to report a pending lump sum? |
| N/A |
| L5. Provide the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum. |
| |
| L6. How long must the employer hold the lump sum before releasing the payment to the custodial parent? |
| N/A |
| L7. Does your State use the income withholding order to attach the lump sum payment? |
| No |
| L7.1 If yes, is it noted on the original order or is it sent specifically to cover the lump sum? |
| N/A |
| L8. Does your State use the lien/levy process to attach the lump sum payment? |
| Yes |
| L8.1 If yes, what is the name of the document your State uses to attach lump sum payment? |
| Form DCSS 733, "Notice of Lien and Order to Withhold" |
| L9. What other documents does your State use to attach lump sum payments? |
| No other documents are used. |
| L10. Does your State require the consumer Credit Protection Act (CCPA) limits to be applied to lump sum payments? |
| No |
| L10.1 If yes, what are those limits? |
N/A
For Additional Information - No Link Provided |
| L10.2 If no, what percentage is the employer required to withhold? |
| N/A |
| L11 If an employer pays the lump sum in addition to regular wages, in a single payment, would the CCPA limits apply? |
| No |
| L11.1 If yes, would the employer only withhold for that period's obligation? |
| N/A. A separate lien process is used to attach the lump sum amount |
| M. Insurance Match |
|
|
| M1. The CCPA limits may apply to any insurance payments issued as an income loss replacement. Additional information on the legislative authority is provided. |
| For Additional Information - http://www.dol.gov/esa/whd/regs/compliance/whdfs30.pdf |
| M1.1. Additional information on the CCPA. |
| For Additional Information - No Link Provided |
| M2. Does your State have legislation that requires/mandates insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
| No |
| M2.1. If yes, provide the statutory citation |
The NH Department of Health and Human Services may provide idenitfying information to insurance companies in order to intercept insurance settlement payment (NH RSA 161-C:3-f).
For Additional Information - No Link Provided |
| M2.1.2. Provide a list of information that the insurer is required to provide, exchange, or look-up with your State IV-D agency. |
| N/A. currently NH DHHS has a contract with the Child Support Lien Network(CSLN) to identify potential insurance settlements. Under this contract, child support obligor information is matched against the data bases of insurers participating in the CSLN to determine if an obligor has a pending insurance settlement payment. A response file of all matches is provided to NH DHHS. |
| M2.2. Provide the required timeframe that an insurer must provide, exchange, or look-up information prior to making payments to the claimant. |
| Yes |
| M2.3. List the criteria that must be met for an obligor to be eligible for your State's insurance match, exchange, look-up, or intercept program. Is the law limited to specific claimants (e.g., policyholder, beneficiary, joint policy holder), types of claims (e.g., life, property & casualty, or workers' compensation), or specific policies (e.g., annuities, short term/long term disabilities)? |
| Obligor must owe past due support and be subject to a child support lien pursuant to NH RSA 161-C. |
| M2.4. Is there a monetary threshold that must be met for the obligor to be eligible for your State's insurance match program? Please provide the dollar amount and/or percentage of the threshold. |
| Obligor must be more than 60 days in arrears and amount owed must be greater than $1,000.00 |
| M2.5. Provide a description of the steps the law requires an insurer to take to determine whether a claimant owes past due child support (e.g., insurers are required to log into a secure web application and enter identifying information about the claimant). |
| N/A. NH DHHS may submit names and identifying information to insurance companies. There is no requirment for insurance companies to contact NH DHHS to determine if a claimant owes past due support. |
| M2.6. Please provide the wording of any other provision in your State law that specifies an alternative method or measure that an insurer may take to comply with the terms of the State law requiring the insurer to either provide, exchange, or look-up information with your State IV-D agency to determine if the claimant owes past due child support (e.g., if the insurer participates in the OCSE Insurance Match Program, the requirement is satisfied). |
| See answer above. |
| M2.7. Does your State law establish a penalty for an insurer who fails to comply with a requirement to provide, exchange, or look-up information with the State IV-D agency to determine whether a claimant owes past-due child support? If so, provide a summary of that law. |
No.
For Additional Information - No Link Provided |
| M2.8. Does your State law protect an insurer from liability for acting in accordance with the insurance match law? |
| No. |
| M2.9. If there is no law in place, has your State proposed or introduced legislation to require/mandate insurance companies doing business in your State to provide, exchange, or look-up information with your State IV-D agency to determine if a claimant owes past due child support? |
No.
For Additional Information - No Link Provided |
| M3. If there is no law in place, are the insurers required to respond to subpoenas/ requests for information and liens/levies or IWOs? |
| Yes. Tis requirement is in addition to the previously cited statut. |
| M3.1. Please provide the statutory citation. |
NH RSA 161-C:3-c(subpoena); NH RSA 161-C:10, RSA 161-C:12, 461-A:14, VII (liens/levies).
For Additional Information - No Link Provided |
| M4. List the form(s) your State uses to intercept insurance payments, settlements, or awards. (e.g., IWO, Notice of Lien/Levy). |
| Form DCSS 733E, "Notice of Lien and Order to withhold and Form DCSS 733D "Notice of Lien" (obligor' lien notice). |
| M5. Who is required to notify the NCP of the insurance intercept activity; the child support enforcement agency and/or the insurance agency? |
| NH Division of Child Support services. |
| M5.1. Please provide your statutory citation for notifying an NCP of insurance intercept. |
RSA 161-C:3
For Additional Information - No Link Provided |
| M5.2. Once notified, is there an appeal period allocated and if so, indicate the number of days the NCP has to appeal. Please provide the statutory citation. |
There are three levels of appeals. Obligor has 20 days to file initial appeal. If dissatisfied with the result can appeal the decision within30 days. Obligor can also judicially contest the decision of the second appeal within 30 days if the decision. (RSA 161-C27,RSA 541:3)
For Additional Information - No Link Provided |
| M6. Are there attorney fees associated with the insurance intercept activity? |
| NH RSA 161-C:3-f allows for reasonaable attorney's fees and expenses to be exempted from liens against an insuranace settlement. |
| M7. How does another State initiate and intercept collections from your State Workers Compensation agency? |
| NH does not have a State Worker's Compensation Agency. another state can take one of three options to place a lien on a worker's compensation settlement: file a lien directly with the insurance company; request that NH file a lien using the limited service request process; submit a full service request using the two-state UIFSA process. |
| M7.1. What is the process, the points of contact, and what forms must be completed? |
| File a lien directly with the insurance company directly, or file a request for interstate services through NH Central Registry. The standard UIFSA transmittal form is used to request full services. |
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