Title XII, Public Safety and Welfare

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 pers…

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 f…

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 …

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.

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 f…

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.

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 supp…

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 a…

No employer may discharge an employee because any support lien or order to withhold and deliver has been served against the employee's 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 a…

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…

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 …

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…

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 e…

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 …

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 …

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 …

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 t…

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.…

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.

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.

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 rec…

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 fi…

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 reci…

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.

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.

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 …

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 depar…

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 su…

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 assista…

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…

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 t…

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 u…

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 h…

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 serve…