1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)? |
New Hampshire's guidelines are statutorily determined using a percentage of income model.
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation. |
No.
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions. |
No.
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions. |
No.
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances? |
Yes. Upon receipt of a court order adjudicating a medical support debt due to non payment of the uninsured portion previously ordered, NH BCSS will enforce collection of ordered debt.
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6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments? |
Depending on specific facts, redirection of the child support may be possible or it may be necessary to modify or establish a new child support order for the new Obligee.
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain. |
No.
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases? |
No.
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit? |
If a dependent is receiving a benefit from the Obligors SSA disability, that income is added into the NCPs total income in the child support guidelines calculator. Once the calculation is complete, the amount of the dependents benefit is subtracted from the final guidelines figure. If the amount of the childs benefit is greater than the guidelines than the SSA benefit may be considered in lieu of child support. If the benefit is less, the difference may be ordered as child support.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation. |
No.
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1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation. |
No.
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity? |
NH requires a percentage of probability no less than 97% to be conclusive.
NH RSA 522:4
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate). |
A paternity affidavit will be considered conclusive unless it is rescinded within sixty (60) days from date of acknowledgment.
NH RSA 5-C:28
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation. |
Yes.
The presumption of legitimacy of a child born during wedlock is overcome if the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, show that the husband is not the father of the child.
NH RSA 522:5
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe. |
No. Paternity is conclusively determined if the birth certificate was issued after 11/1/1990.
NH RSA 5-C:26
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe. |
Yes.
Claim of paternity affidavit registry that NH BCSS maintains. Contact telephone Number: 603-271-4745.
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7. What, if any, is the agency name and link for your state's putative fathers' registry? |
Putative Father Registry.
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies? |
Birth certificate, Affidavit of Paternity, Vital Records documentation and Court Orders. There are no charges to the requesting IV-D agency.
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9. Does your state’s bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data? |
The cost of a search for a vital record is $15.00. If DVRA staff find a record after the search, they will issue a certified copy free of charge. Additional certified copies of the same record are available at a cost of $10.00 each.
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9.1. Describe any circumstances under which these fees may be waived? |
Such fee shall be waived if the error was made by the town clerk.
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect. |
Common law is only recognized at the death of a party.
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11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard. |
N/A.
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12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child? |
One packet per case (same Obligee and alleged father) with separate document (ie. BC, paternity affidavit)
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1. Does your state use an administrative, judicial, or a combined process to establish a support obligation? |
NH BCSS uses judicial process exclusively for establishment of support obligations.
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1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures. |
N/A
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures. |
Judicial process used exclusively.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)? |
In determining proper support guidelines, the Obligor and Obligee incomes are considered to calculate the base figure. Income of family or household members may be considered under specific circumstances.
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2.1. What documentation is required as proof/evidence of this information? |
A financial affidavit for the family or household member is usually required. Pay stubs and/or health insurance statements may be included.
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3. What criteria for rebutting your presumptive guidelines have been established in your state? |
There may be adjustments to the calculation of the guidelines under special circumstances. For example, extraordinary medical, dental or education expenses incurred by a party on behalf of the children involved, or for shared custody arrangements.
NH RSA 458-C:5
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive). |
Yes. Prior support could be ordered from birth if child is less than 3 months old at the time the order is established. If the child is 3 months old or older, prior support is limited to the date the petition was serviced on the Obligor. If the court finds that the Obligor is willfully avoiding service, the court may order prior support from a date the court deems equitable and just.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods? |
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.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support? |
No.
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4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations. |
Prior support could be ordered from birth if child is less than 3 months old at the time the order is established. If the child is 3 months old or older, prior support is limited to the date the petition was serviced on the Obligor. If the court finds that the Obligor is willfully avoiding service, the court may order prior support from a date the court deems equitable and just.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended? |
No. NH will establish an order for support based on a completed signed application for child support services.
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5.1. What about when public assistance is not being expended? |
No. NH will establish an order for support based on a completed signed application for child support services.
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6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification? |
The other state should request a modification of that prior order.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe. |
No. NH will also assist the Obligor of the initial order for support in modifying his/her order based on the substantial change in circumstances.
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1. What are specific sources of income not subject to withholding? |
NH BCSS cannot withhold from financial assistance grants such as Temporary Aid to Needy Families, Aid to the Permanently and Totally Disabled as well as Supplemental Security Income, Food stamps, certain Veterans benefits and assistance received from a county, town or city.
NH RSA 161-C:5
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation. |
No.
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA? |
No.
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2.2. What are the withholding limits for non-employees? |
N/A
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii). |
NH BCSS income garnishment law allows employers to charge Obligors $1.00 per transaction for the cost of withholding for child support.
NH RSA 458-B:6
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain. |
NH BCSS currently has no fees assessed to the Obligor.
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order? |
The employer must implement withholding no later than the first pay period that occurs after 14 days after the notice was mailed.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding? |
The employer must implement withholding no later than the first pay period that occurs after 14 days after the notice was mailed.
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6. When must an employer remit amounts withheld from an employee's pay? |
The employer must send the withheld amount to the state or other Obligee at the same time the Obligor is paid.
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7. What are your state's sanctions for employers for not implementing income withholding? |
An employer may be charged with a $1000 criminal misdemeanor fine, plus $100 administrative fine for each payday for each employee should they fail to implement an order for withholding. The child support worker and/or legal department will first attempt to contact the employer and assist with bringing them into compliance prior to initiating any actions against them.
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7.1. What are the penalties to an employer for failure to remit payments withheld? |
If an employer/income withholder withholds income from an employee/Obligor but does not send the money to BCSS, the employer/income withholder could be guilty of theft, which is punishable by up to fifteen (15) years in NH state prison and/or a fine of up to $100,000.
NH RSA 651:2
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents. |
No.
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents. |
Any request from another state to withhold from an Obligor's unemployment insurance benefit must be sent to the NH Central Registry with the following documents; 1) Initial Request form that specifies that the other state is seeking to collect child support from the unemployment insurance benefit; 2) the court order pertaining to child support, 3) a current arrearage statement, and; 4) documentation that provides proof of paternity coding for the child(ren).
Interstate Enforcement Transmittal 1, copies of all child support orders, an original notarized statement of arrears and all information that would document paternity coding.
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents. |
Yes. Direct income withholding can be sent to any entity that does business in the requesting state.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents. |
N/A
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10. How does a noncustodial parent contest an income withholding in your state? |
The Obligor wishing to contest income withholding may request a Supervisory Review due to a mistake of fact within fifteen (15) days of the date of the notice of withholding. An Obligor dissatisfied with the results of a Supervisory Review may request an Administrative Hearing within thirty (30) days of the Notice of the Results of the Supervisory Review.
An Obligor dissatisfied with the determination of the Administrative Hearing: 1) may request a rehearing through the DHHS Administrative Appeals Unit, or 2) may file for a judicial appeal; within thirty (30) days of the date of the determination.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).) |
Money is always distributed to current support first. Any remaining funds will be prorated between any arrears owed by the Obligor.
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12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums? |
If the deductions are required by law or as a condition of employment, they may be deducted from the Obligor's income prior to determining if there are sufficient funds for withholding the full income withholding order.
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13. When does your state require the employer to send notice of an employee's termination? |
The employer shall notify the state or other Obligee within fifteen (15) days of the Obligor's termination of employment, and shall provide the Obligor's last known address and the name and address of the present employer, if known.
NH RSA 458-B:6
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate. |
The employer is instructed to withhold support based on the CCPA. Once the payment is received it is distributed into the case based on current distribution guidelines. Money will first be applied to current child support.
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1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.) |
AEI cases are currently maintained outside the child support system, therefore no data match is available at this time.
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2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request? |
NH requires that the other state provide the following information; Obligor's Name, Obligor's Address, Obligor's SSN, Obligor's DOB, Obligor's telephone number and fax number when applicable, Copy of the court order, Initiating State case ID number, Initiating State caseworkers name, Initiating State caseworkers telephone and fax number, including area code, Initiating State caseworkers email address, Certified amount of arrears as of a date certain, Monthly obligation, Date of last payment, Complete information regarding the financial institution holding the assets to be liened, including the name, address, telephone number (with area code), and fax number and all account names and numbers required to initiate the lien process
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3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus? |
An Obligor must be at in arrears greater than or equal to sixty (60) days of his/her support obligation. The advance notice must be sent certified and regular mail giving the Obligor twenty (20) days to dispute the arrears and this process.
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4. To which credit bureaus does your state report a noncustodial parent's child support information? |
Experian.
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5. Is the method for credit bureau reporting judicial, administrative, or both? |
Credit bureau reporting is an administrative remedy. The Obligor has the right to dispute this process and/or arrears through the judicial appeals process at any time.
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6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?" |
If the past-due account balance is brought to zero, BCSS will report monthly to the credit bureau as such.
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7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
No.
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8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount? |
Yes. Past-due support must be equal to or greater than $150 in current assistance cases. If the Obligor has more than one current assistance case, past due amounts owed may be combined to reach the $150 threshold. Past-due support must be equal to or greater than $500 in never-assistance cases. If the Obligor has more than one never assistance case, past due amounts owed may be combined to reach the $500 threshold.
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9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
No.
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10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount? |
Yes. The Obligor must have an open case, open enforcement for at least sixty (60) days, Obligor's social security number must be known, arrears must be greater than sixty (60) days and $1000. For ongoing workers compensation or other insurance claims, BCSS may initiate an income withholding order.
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11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount? |
No.
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12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount? |
Yes. Past-due support must be equal to or greater than $150 in current assistance cases. If the Obligor has more than one current assistance case, past due amounts owed may be combined to reach the $150 threshold. Past-due support must be equal to or greater than $500 in never-assistance cases. If the Obligor has more than one never assistance case, past due amounts owed may be combined to reach the $500 threshold.
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13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial? |
No.
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14. Are the financial institution attachment procedures in your state judicial, administrative, or both? |
The lien process is administrative. However, if an Obligor objects to a lien, he/she may file for a judicial appeal to that process.
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15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt? |
Yes. Insurance settlement payments for casualty, loss to personal or real property, and past or future medical treatment are exempt from attachment. Also, reasonable attorneys fees and expenses.
NH RSA 161-C:11
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16. Is the financial institution attachment process in your state centralized and/or automated? |
Eligible cases are automatically selected; workers may then initiate the lien process.
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17. What are the criteria to attach an account in a financial institution in your state? |
An Obligor must be more than sixty (60) days in arrears (has an arrearage equal to at least 2/12 of the Obligors yearly support obligation).
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18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain. |
No.
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required. |
NH requires that the other state provide the following information; Obligor's Name, Obligor's Address, Obligor's SSN, Obligor's DOB, Obligor's telephone number and fax number when applicable, Copy of the court order, Initiating State case ID number, Initiating State caseworkers name, Initiating State caseworkers telephone and fax number, including area code, Initiating State caseworkers email address, Certified amount of arrears as of a date certain, Monthly obligation, Date of last payment, Complete information regarding the financial institution holding the assets to be liened, including the name, address, telephone number (with area code), and fax number and all account names and numbers required to initiate the lien process.
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20. Does your state's income withholding definition include amounts in financial institutions? |
No, in NH a separate lien process would need to be initiated to the financial institution.
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both? |
Yes. NH BCSS is responsible for supplying the Obligor with all proper notices.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency? |
The financial institution must release funds to BCSS after 20 (twenty) days have elapsed from the date of notice of lien and upon the receipt of the demand notice.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames. |
Yes. After 20 (twenty) days have elapsed from the date of notice of lien and upon the receipt of the demand notice.
NH RSA 161-C:12
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain. |
There must be at least $1500.00 in the Obligor's account for seizure actions to be implemented. The first $1000.00 of any financial asset is exempt from attachment.
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment? |
The only basis for an administrative appeal on a seizure process is a mistake of fact. The Obligor must prove that the arrears are incorrect, do not exist, or that an order was issued that BCSS is not aware of.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow. |
No.
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support? |
Obligor must owe arrears greater than or equal to sixty (60) days worth of his/her support obligation.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions? |
The State will notify the NH Division of Motor Vehicles (NH DMV) that the revocation is to be rescinded if the Obligor pays the case to current, makes payment via income assignment, reaches a satisfactory agreement with the Bureau, has a court order that orders license be reinstated, receives public assistance and/or SSI.
Cases are reviewed individually for hardship exemptions. Each case should be assessed for ability to come into compliance immediately and remain in compliance after.
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29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria? |
No.
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30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types. |
Obligor must owe arrears greater than or equal to sixty (60) days worth of his/her support obligation. All professional license types.
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31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions? |
The State will notify the licensing authority that the revocation is to be rescinded if the Obligor pays the case to current, makes payment via income assignment, reaches a satisfactory agreement with the Bureau, has a court order that orders license be reinstated, receives public assistance and/or SSI.
Cases are reviewed individually for hardship exemptions. Each case should be assessed for ability to come into compliance immediately and remain in compliance after.
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32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria? |
No.
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33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types. |
Obligor must owe arrears greater than or equal to sixty (60) days worth of his/her support obligation. All recreational license types.
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34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions? |
The State will notify the licensing authority that the revocation is to be rescinded if the Obligor pays the case to current, makes payment via income assignment, reaches a satisfactory agreement with the Bureau, has a court order that orders license be reinstated, receives public assistance and/or SSI.
Cases are reviewed individually for hardship exemptions. Each case should be assessed for ability to come into compliance immediately and remain in compliance after.
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35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria? |
No.
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36. What are the criteria for initiating/filing a lien in your state? |
An Obligor must be more than sixty (60) days in arrears (has an arrearage equal to at least 2/12 of the Obligors yearly support obligation). The Obligor must own real or personal property in which BCSS can place a lien and the imposition of a lien may prove effective in securing payment on the arrearage owed.
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe. |
The lien process is administrative. However, if an Obligor objects to a lien, he/she may file for a judicial appeal to that process.
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38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe. |
No.
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination. |
No.
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40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included? |
Yes. All winnings that are paid through the NH Lottery Commission.
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40.1. If yes, is this enforcement judicial, administrative, or both? |
The lottery intercept process is administrative.
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41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG? |
The Pre-Show Cause Hearing process. A meeting that occurs in the office prior to a Show Cause Hearing (civil contempt) in an attempt to come into an agreement to avoid the Show Cause process.
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42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG? |
The Show Cause Hearing (civil contempt) process.
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