Title LV, Proceedings in Special Cases

A tribunal of this state exercising personal jurisdiction over a nonresident in a proceeding under this chapter, under other law of this state relating to a support order, or recognizing a foreign support order may receive evidence from outside this state pursuant to RSA 546-B:27…

I. A tribunal of this state issuing a spousal support order consistent with the law of this state has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation. II. A tribunal of this state may not modify a spousal s…

I. Except as otherwise provided in this chapter, this article applies to all proceedings under this chapter. II. An individual petitioner or a support enforcement agency may initiate a proceeding authorized under this chapter by filing a petition in an initiating tribunal for for…

A minor parent, or a guardian or other legal representative of a minor parent, may maintain a proceeding on behalf of or for the benefit of the minor's child.

Except as otherwise provided in this chapter, a responding tribunal of this state shall: I. Apply the procedural and substantive law, generally applicable to similar proceedings originating in this state and may exercise all powers and provide all remedies available in those proc…

I. Upon the filing of a petition authorized by this chapter, an initiating tribunal of this state shall forward the petition and its accompanying documents: (a) To the responding tribunal or appropriate support enforcement agency in the responding state; or (b) If the identity of…

I. When a responding tribunal of this state receives a petition or comparable pleading from an initiating tribunal or directly pursuant to RSA 546-B:12, II, it shall cause the petition or pleading to be filed and notify the petitioner where and when it was filed. II. A responding…

If a petition or comparable pleading is received by an inappropriate tribunal of this state, the tribunal shall forward the pleading and accompanying documents to an appropriate tribunal in this state or another state and notify the petitioner where and when the pleading was sent…

I. In a proceeding under this chapter, a support enforcement agency of this state, upon request: (a) Shall provide services to a petitioner residing in a state; (b) Shall provide services to a petitioner requesting services through a central authority of a foreign country as desc…

I. If the attorney general determines that the support enforcement agency is neglecting or refusing to provide services to an individual, the attorney general may order the agency to perform its duties under this chapter or may provide those services directly to the individual. I…

I. Remedies provided by this chapter are cumulative and do not affect the availability of remedies under other law, or the recognition of a support order, on the basis of comity. II. This chapter does not: (a) Provide the exclusive method of establishing or enforcing a support or…

I. A tribunal of this state shall apply Articles 1 through 6 and, as applicable, Article 7, to a support proceeding involving: (a) A foreign support order; (b) A foreign tribunal; or (c) An obligee, obligor, or child residing in a foreign country. II. A tribunal of this state tha…

An individual may employ private counsel to represent the individual in proceedings authorized by this chapter.

I. The department of health and human services, division of child support services is the state information agency under this chapter. II. The state information agency shall: (a) Compile and maintain a current list, including addresses, of the tribunals in this state which have j…

I. In a proceeding under this chapter, a petitioner seeking to establish a support order, or to determine parentage of a child, or to register and modify a support order of a tribunal of another state or a foreign country must file a petition. Unless otherwise ordered under RSA 5…

If a party alleges in an affidavit or a pleading under oath that the health, safety, or liberty of a party or child would be jeopardized by disclosure of specific identifying information, that information must be sealed and may not be disclosed to the other party or the public. A…

I. The petitioner may not be required to pay a filing fee or other costs. II. If an obligee prevails, a responding tribunal of this state may assess against an obligor filing fees, reasonable attorney's fees, other costs, and necessary travel and other reasonable expenses incurre…

I. Participation by a petitioner in a proceeding under this chapter before a responding tribunal, whether in person, by private attorney, or through services provided by the support enforcement agency, does not confer personal jurisdiction over the petitioner in another proceedin…

A party whose parentage of a child has been previously determined by or pursuant to law may not plead nonparentage as a defense to a proceeding under this chapter.

I. The physical presence of a nonresident party who is an individual in a tribunal of this state is not required for the establishment, enforcement, or modification of a support order or the rendition of a judgment determining parentage of a child. II. An affidavit, a document su…

A tribunal of this state may communicate with a tribunal outside this state in a record, or by telephone, electronic mail, or other means, to obtain information concerning the laws, the legal effect of a judgment, decree, or order of that tribunal, and the status of a proceeding.…

A tribunal of this state may: I. Request a tribunal outside this state to assist in obtaining discovery. II. Upon request, compel a person over which it has jurisdiction to respond to a discovery order issued by a tribunal outside this state.

I. In a proceeding to establish or enforce a support order or to determine parentage of a child, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individual's guardian or conservator if: (a) The individual is personally served with …

I. A support enforcement agency or other tribunal of this state shall disburse promptly any amounts received pursuant to a support order, as directed by the order. The agency or tribunal shall furnish to a requesting party or tribunal of another state or a foreign country a certi…

I. If a support order entitled to recognition under this chapter has not been issued, a responding tribunal of this state with personal jurisdiction over the parties may issue a support order if: (a) The individual seeking the order resides outside this state; or (b) The support …

A tribunal of this state authorized to determine parentage of a child may serve as a responding tribunal in a proceeding to determine parentage of a child brought under this chapter or a law or procedure substantially similar to this chapter.

An income-withholding order issued in another state may be sent by or on behalf of the obligee, or by the support enforcement agency, to the person defined as the obligor's employer, under RSA 458-B, without first filing a petition or comparable pleading or registering the order …

I. Upon receipt of an income-withholding order, the obligor's employer shall immediately provide a copy of the order to the obligor. II. The employer shall treat an income-withholding order issued in another state which appears regular on its face as if it had been issued by a tr…

If the obligor's employer receives 2 or more income-withholding orders with respect to the earnings of the same obligor, the employer satisfies the terms of the orders if the employer complies with the law of the state of the obligor's principal place of employment to establish t…

An employer who complies with an income-withholding order issued in another state in accordance with this article is not subject to civil liability to an individual or agency with regard to the employer's withholding child support from the obligor's income.

An employer that willfully fails to comply with an income-withholding order issued in another state and received for enforcement is subject to the same penalties that may be imposed for noncompliance with an order issued by a tribunal of this state.

I. An obligor may contest the validity of enforcement of an income-withholding order issued in another state and received directly by an employer in this state by registering the order in a tribunal of this state and filing a contest to that order as provided in Article 6, or oth…

I. A party or support enforcement agency seeking to enforce a support order or an income-withholding order, or both, issued in another state or a foreign support order may send the documents required for registering the order to a support enforcement agency of this state. II. Upo…

A support order or income-withholding order issued in another state or a foreign support order may be registered in this state for enforcement.

Personal jurisdiction acquired by a tribunal of this state in a proceeding under this chapter or other law of this state relating to a support order continues as long as a tribunal of this state has continuing exclusive jurisdiction to modify its order or continuing jurisdiction …

I. Except as provided in RSA 546-B:53-e, a support order or income-withholding order of another state or a foreign support order may be registered in this state by sending the following records to the appropriate tribunal in this state: (a) A letter of transmittal to the tribunal…

I. A support order or income-withholding order issued in another state or a foreign support order is registered when the order is filed in the registering tribunal of this state. II. A registered support order issued in another state or a foreign country is enforceable in the sam…

I. Except as otherwise provided in paragraph IV, the law of the issuing state or foreign country governs: (a) The nature, extent, amount, and duration of current payments under a registered support order; (b) The computation and payment of arrearages and accrual of interest on th…

I. When a support order or income-withholding order issued in another state or a foreign support order is registered, the registering tribunal of this state shall notify the nonregistering party. The notice must be accompanied by a copy of the registered order and the documents a…

I. A nonregistering party seeking to contest the validity or enforcement of a registered order in this state shall request a hearing within the time required by RSA 546-B:43. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of n…

I. A party contesting the validity or enforcement of a registered support order or seeking to vacate the registration has the burden of proving one or more of the following defenses: (a) The issuing tribunal lacked personal jurisdiction over the contesting party; (b) The order wa…

Confirmation of a registered support order, whether by operation of law or after notice and hearing, precludes further contest of the order with respect to any matter that could have been asserted at the time of registration.

A party or support enforcement agency seeking to modify, or to modify and enforce, a child support order issued in another state shall register that order in this state in the same manner provided in RSA 546-B:39 through RSA 546-B:46, if the order has not been registered. A petit…

A tribunal of this state may enforce a child support order of another state registered for purposes of modification, in the same manner as if the order had been issued by a tribunal of this state, but the registered order may be modified only if the requirements of RSA 546-B:49 o…

I. If RSA 546-B:51 does not apply, upon petition a tribunal may modify a child support order issued in another state which is registered in this state, if, after notice and hearing, the tribunal finds that: (a) The following requirements are met: (1) Neither the child, nor the ob…

Under this chapter, a tribunal of this state may serve as an initiating tribunal to forward proceedings to a tribunal of another state, and as a responding tribunal for proceedings initiated in another state or a foreign country.