New Hampshire State Law

A. General/Program-At-A-Glance

A1. How many local IV-D offices are in your state (excluding agencies with cooperative agreements)?

The NH Bureau of Child Support Services (BCSS) maintains 11 area offices across the state and 2 central offices. The area offices are set up by region. The offices are located in Berlin, Claremont, Concord, Conway, Keene, Laconia, Littleton, Manchester, Rochester, the Seacoast (Portsmouth), and in Southern NH (Nashua & Salem). The Central Registry office and Interstate Office are located in Concord.

A2. Does your state have statutes that define the attorney-client relationship between the state's attorney and the agency only?

A2.1. If yes, what is the statutory citation?

N/A
For Additional Information - No Link Provided

A2.2. Did your state have the state's bar counsel issue an opinion setting the attorney-client relationship?

Yes.

A2.3. If yes, please explain.

The New Hampshire Bar Association Ethics Committee issued an opinion in 1993, agreeing that BCSS attorneys represent the State, and not the recipient of IV-D services. The committee, however, concluded that BCSS 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: BCSS Child Support Officer and Attorney Responsibilities - The BCSS attorney or Child Support worker assigned to your case represents the New Hampshire Department of Health and Human Services (Department) and does NOT represent either you or your child(ren).

B. UIFSA

B1. What is the statutory citation for your state's UIFSA?

The NH statute for UIFSA is RSA 546-B
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-LV-546-B.htm

B2. How many copies or sets of documents does your state need for an intergovernmental case referral?

NH BCSS requires two copies of the court or administrative order, of which one must be certified. NH BCSS also requires one original and two copies of all necessary documents for intergovernmental cases.

C. Reciprocity

C1. With which foreign countries does your state have a state level reciprocal agreement for child support enforcement? (Do not include federal foreign reciprocating countries in your answer.)

Quebec Province

C1.1. Does your state exercise its option to receive Federal Funding Participation (FFP) for enforcement of spousal-only orders for foreign reciprocating countries?

C1.2. If yes, please explain.

N/A

C2. Has your state established reciprocity with any Native American tribal courts?

C2.1. If yes, list the tribes and identify services provided, if less than full services.

N/A

C3. Does your state accept direct applications from parents in non-reciprocating or non-treaty countries?

Yes

C4. When a Hague Convention country seeks registration of a Convention support order in your state, does your state allow the country to send an abstract (or summary) of the order on the Hague Abstract of a Decision form in lieu of the complete text? (See UIFSA 706 (b) (1).) **

D. Age of Majority

D1. What is the age of majority in your state?

A dependent is considered a minor until he/she turns18 or is out of high school, whichever occurs later; becomes married or a member of the armed services; 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?

The amount of a child support obligation shall remain as stated in the order until the dependent child for whom support is ordered completes his or her high school education or reaches the age of 18 years, whichever is later, or marries, or becomes a member of the armed services, at which time the child support obligation, including all educational support obligations, terminates without further legal action. If the parties have a child with disabilities, the court may initiate or continue the child support obligation after the child reaches the age of 18. No child support order for a child with disabilities which becomes effective after July 9, 2013 may continue after the child reaches age 21.
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.

18th birthday or is no longer enrolled in high school, whichever is later

D4. Does the date of the order determine the law that is applied?

D4.1. If yes, please explain.

D5. Does child support end if the child leaves the household, but does not emancipate?

D5.1. Optional comments regarding emancipation.

D6. Does your state allow support to be paid beyond the age of majority under any circumstances (for example, the child is handicapped or in college)?

Yes

D6.1. If yes, please explain.

Any circumstance in which an order would continue beyond the age of majority would have to be clearly outlined in a court order.

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 otherwise emancipates?

D7.1. If yes, please describe the procedure.

D8. Does your state accept a application from a party after all of the children on the case have emancipated?

D8.1 If not, how does this affect interstate referrals?

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 twenty (20) years and pursuant to RSA 458:17,VII, support payments become judgments when due and payable by operation of law. (effective 1988)
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/LII/508/508-5.htm

E2. What is your State's statute of limitations for paternity establishment?

Action must be commenced by the child's 18th birthday.
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/XII/168-A/168-A-12.htm

E3. Is dormancy revival/renewal possible?

E3.1. If yes, please explain the circumstances when it's possible and how long it's possible.

For Additional Information - No Link Provided

F. Support Details

F1. What guideline type or method does your state use to calculate child support (for example, Shared Income Model, Percentage of Income Model, Melson Formula)?

New Hampshire's guidelines are statutorily determined using a percentage of income model.
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XLIII-458-C.htm

F2. Does your state charge interest on arrears?

F2.1. If yes, please indicate the amount of interest charged and any related conditions.

For Additional Information - No Link Provided

F3. Does your state charge interest on retroactive support?

F3.1. If yes, please indicate the amount of interest charged and any related conditions.

F4. Does your state charge interest on adjudicated arrears?

F4.1. If yes, please indicate the amount of interest charged and any related conditions.

For Additional Information - No Link Provided

F5. Will your state enforce a medical debt for 50 percent of the uninsured portion?

Yes

F5.1. If yes, under what circumstances?

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.

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 or fees charged to the obligee?

Fees associated with paternity testing, if court ordered; and the mandatory annual fee on cases that have never received public assistance.

F6.2. If yes, what costs are recovered from or fees charged to the obligor?

Paternity testing costs may be recovered from an Obligor if testing is court ordered, and/or the Obligor is determined to be father.

F7. Does your state recover costs on behalf of the initiating state?

Yes

F7.1. Optional comments regarding recovery of initiating state's fees.

If the initiating state wishes NH BCSS to collect on interest, penalties or any other fees, it must be specified within the transmittal to enforce as well as be broken down on the statement of arrears provided within the requesting packet.

F8. What is the statutory citation for your state's long-arm statute to establish or enforce child support?

RSA 546-B-3
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/LV/546-B/546-B-3.htm

F9. Does your state establish, enforce, or modify spousal maintenance orders?

Yes

F9.1. If yes, under what circumstances?

NH BCSS does not establish or modify spousal maintenance orders, but 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, AT-11-07)

No, NH BCSS only establishes orders based upon the legal parents income.

F10.1. Optional comments regarding required information on spouse or partner.

F11. How does your state impose and collect the mandatory annual fee applicable to IV-D cases for people who never received IV-A assistance?

Directly from Obligee disbursements.

F11.1. Does your state collect the fee by retaining the support collected on behalf of the person but not the first $550?

Yes, the fee will only be retained once $550.00 has been collected on behalf of the Obligee.

F11.2 Does your state collect the fee from the person applying for IV-D services?

Yes, the fee is paid by the applicant for services.

F11.3. Does your state collect the fee from the absent parent?

F11.4. Does your state pay the fee out of its own funds?

No, NH BCSS collects the fee from Obligee disbursements.

F12. When did your state implement the required Deficit Reduction Act (DRA) limited-assignment provision?

The limited-assignment provision of the DRA was implemented in NH on 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, NH BCSS does not participate in the pass through provisions for current assistance cases.

F14. Does your state participate in the pass-through in former assistance cases?

No, NH BCSS does not participate in the pass through provisions for former assistance cases.

F14.1. If yes, provide the date.

F15. Will your state discontinue eligible assignments under the DRA of 2005?

F15.1. If yes, list the eligible assignments your state would discontinue.

F15.2. When will your state discontinue each type of assignment?

F16. Does your state follow PRWORA or DRA distribution ordering rules in former assistance cases?

NH BCSS continues to distribute collections according to PRWORA distribution rules.

F17. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving TANF with a different payee?

Upon receipt of an application for IV-D services from the IV-A agency, NH BCSS will open a new case and begin establishment processes to obtain an order payable to BCSS for the new Obligee. NH BCSS will work with the Obligor to modify or terminate the original order in conjunction with establishing a new order for support.
For Additional Information - No Link Provided

F17.1. What are your state's requirements to redirect payments from the court-order payee when a child on the order is receiving Medicaid only with a different payee?

Upon receipt of an application for IV-D services from the IV-A agency, NH BCSS will open a new case and begin establishment processes to obtain an order payable to BCSS for the new Obligee. NH BCSS will work with the Olbigor to modifiy or terminate the original order in conjunction with establishing a new order for support.
For Additional Information - No Link Provided

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?

Upon receipt of an application for IV-D services from the IV-A agency, NH BCSS will open a new case and begin establishment processes to obtain an order payable to BCSS for the new Obligee. NH BCSS will work with the Obligor to modifiy or terminate the original order in conjunction with establishing a new order for support.
For Additional Information - No Link Provided

F17.3. How does your state collect the $35.00 annual fee on never-TANF cases?

The $35 annual enforcement fee will be collected from support payments received in an eligible case; the Obligor will receive full credit for the support payment(s) from which the fee is deducted.

F18. Will your state recover costs from a U.S. resident non-custodial parent in foreign reciprocating or treaty cases?

Yes

F18.1 If yes, describe all costs arising in practice (for example, court costs or legal fees).

Yes, in registration of foreign order cases, if they have been adjudicated by the Court and characterized as child support.

F19. Does your state send CSENet transactions to request interest information?(MSC R GRINT)

F20. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)

G. Income Withholding

G1. What specific source of income is 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, Foodstamps, certain Veterans benefits and assistance received from a county, town or city.
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/XII/161-C/161-C-5.htm

G2. Does your state have any limits on income withholding in addition to the Consumer Credit Protection Act (CCPA) limits?

G2.1. If yes, what are those limits?

G3. What is the allowable fee per pay period employers may charge for processing income withholding payments?

NH BCSS income garnishment law allows employers to charge Obligors $1.00 per transaction for the cost of withholding for child support.
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/XLIII/458-B/458-B-6.htm

G4. After receiving an income withholding order or notice, what is the date by which the employer is required to implement income withholding?

That the employer must implement withholding no later than the first pay period that occurs after 14 days after the notice was mailed.

G5. What is the date by which an employer must remit amounts withheld from an employee's pay?

That the employer must send the withheld amount to the state or other Obligee at the same time the obligor is paid.

G6. What are your state's procedures for sanctioning 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 any actions being initiated against them.

G7. What is the penalty 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
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/LXII/651/651-2.htm

G8. Does your state allow direct income withholding of unemployment insurance (UI) benefits across state lines?

G8.1. Explain your process for receiving direct withholding orders across state lines.

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).
For Additional Information - No Link Provided

G8.2. What documents are required to intercept UI benefits?

Interstate Enforcement Transmittal 1, copies of all child support orders, an original notarized statement of arrears and all information that would document paternity coding.

G9. Does your state allow direct income withholding of workers' compensation (WC) benefits across state lines?

Yes

G9.1. Optional comments regarding direct withholding of WC benefits across state lines.

As long as the insurance company involved in the WC claim does business with that state, the state may request a direct income withholding to the WC company.

G10. How does an obligor contest income withholding in your state?

The obligor wishing to contest income withholding may request a Supervisory Review on the basis of 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.

G11. When the obligor has more than one claim for child support against his or her income, what is your state's priority scheme for income-withholding orders? For example, the employer should allocate the available amount for withholding equally among all orders or prorate available amount across orders.

The employer will withhold a set amount based on income withholding orders sent to them. If the obligor does not make enough to cover the full obligation, the employer should withhold based on current support. Ultimately, NH BCSS' automated case management system will prorate the withheld amount among all open active cases.

G11.1. 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?

G11.2. If assistance is not available, explain how employers should proceed. Provide a citation for the state law that governs how they should proceed.

If the employer does not have an income withholding order from NH BCSS, the employer should contact the state that requested the income withholding. For Additional Information - No Link Provided
For Additional Information - No Link Provided

G12. Does your state require any mandatory deductions, such as union dues or medical insurance premiums, to arrive at net pay from gross pay when calculating disposable income for child support purposes?

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.

G13. 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.
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/XLIII/458-B/458-B-6.htm

G14. How long should an employer retain the income withholding orders (IWO) after terminating an employee, in anticipation of reinstating the withholding should the employee be rehired?

NH BCSS has no set time for an employer to retain the order for withholding. If the employee is suspected to return after a short term layoff, the employer should retain and reinstate the withholding upon the employees return. The employer can always contact the child support worker to obtain clarification when necessary.

G15. Does your state charge any fees to the obligor that the employer must withhold and remit to the state?

NH BCSS currently has no fees assessed to the Obligor.

G16. Does your state offer an alternate web-based payment mechanism in addition to paper and EFT/EDI?

Yes, employers may set up an account with ExpertPay to make regular support payments for employees. Employers may also pay via www.MoneyGram.com using receive code 14669.
For Additional Information -

https://www.expertpay.com/employerapp

G17. Can another state send a direct income withholding order to any of the following in your state: employer, financial institution (explain which institutions), bureau of workers' compensation, or other income payer?

Yes. Direct income withholding can be sent to any entity the does business in the requesting state.
For Additional Information - No Link Provided

G18. 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.

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
For Additional Information - No Link Provided

G19. If your state has more than one state or jurisdiction requesting to collect support for the same obligor/obligee combination under the same court order for the same children, (for example where current support goes to the CP and other states have claims for past periods based on payment of TANF), what is your state's procedure for distributing payments among these arrears claims?

Money is always distributed to current support first. Any remaining funds will be prorated between any arrears owed by the obligor.

G20. If your practice for distribution of payments between cases is directed by state law or rule, what is the citation?

For Additional Information -

http://gencourt.state.nh.us/rules/state_agencies/he-w400.html

G21. Does your state's law require a signature on the income withholding order?

H. Paternity

H1. When your state enters an order establishing paternity, do you also address issues of custody and visitation?

H1.1. If yes, please explain.

H2. 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.
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/LIII/522/522-4.htm

H3. Optional comments regarding legislation that makes paternity acknowledgments conclusive.

A paternity affidavit will be considered conclusive unless it is rescinded within sixty (60) days from date of acknowledgment.
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/I/5-C/5-C-28.htm

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.

Any acknowledgment of paternity signed prior to 11/1/90 is considered invalid and paternity may need to be established.
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?

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.
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/LIII/522/522-5.htm

H6. If the father's name is on the birth certificate and paternity has not been established by any other means, does this mean conclusive determination of paternity?

H6.1. If no, briefly explain.

Paternity is conclusively determined if the birth certificate was issued after 11/1/1990.
For Additional Information - No Link Provided

H7. What is the effective date of the state law that makes a father's name on the birth certificate a conclusive determination of paternity?

H8. Does your state have any other paternity-related presumptions?

Yes

H8.1. If yes, briefly explain.

Claim of paternity affidavit registry. The registry is maintained by NH BCSS. Contact telephone Number: 603-271-4745

H9. Does your state have a putative fathers' registry?

Yes

H9.1. If yes, what is the name of that entity?

Putative Father Registry
For Additional Information - No Link Provided

H10. Are there any fees for requesting searches, paternity documents and data from your state's bureau of vital statistics?

Yes

H10.1. If yes, please describe any circumstances under which these fees may be waived.

Only recognized at the death of a party.
For Additional Information - No Link Provided

H11. Is common-law marriage recognized in your state?

H11.1. If yes, briefly describe the standard that defines common-law marriage.

H11.2. When did your current common-law standard go into effect?

H11.3. 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?

For Additional Information - No Link Provided

H12. When the custodial party and/or other witnesses are not able to appear in person for paternity hearings, what methods of testimony are acceptable; for example, written, videotape, and teleconferencing?

Other methods are determined by the court on a case by case basis.

H13. Give the statutory citation for your state's long-arm statute and list any special provisions.

In a proceeding to establish, enforce, or modify a support order or to determine parentage, a tribunal of this state may exercise personal jurisdiction over a nonresident individual or the individuals guardian or conservator if they can be served in this state, agrees to jurisdiction, ever resided with child in this state, provided prenatal support, child here as a result of domestic violence, conception occurred in this state, or is listed on dependents birth certificate
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/LV/546-B/546-B-3.htm

H14. Does your state recover genetic testing costs for another state?

H14.1. If yes, please explain.

H15. List any documents required to get the father's name on the birth certificate. For example, is an acknowledgment of paternity needed?

For a father to get his name listed on a childs birth certificate, he much have a certified copy of the court order adjudicating paternity, the correct fee and a photo id.

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 packet per case (same cp and alleged father) with separate document (ie. BC, paternity affidavit)

I. Support Order Establishment

I1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?

NH currently used the Judicial Branch for establishment of support obligations.

I1.1. If your state can establish under both, under what circumstances would the administrative process be used?

I1.2. Under what circumstances would a judicial process would be used?

Judicial process is used exclusively.

I1.3. If your state uses an administrative process, provide the statutory citations for your state's administrative procedures.

For Additional Information - No Link Provided

I2. In setting support under your state's guidelines, whose income is considered in addition to the noncustodial (NCP's) (for example, new spouses or children)?

In determining proper support guidelines, the Obligor and Obligee incomes are used to calculate the base figure.
For Additional Information - No Link Provided

I3. 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.
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 (for example, birth of the child, date of separation, prenatal expenses, 5 years retroactive)?

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.

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?

I4.4. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.

I5. What actions can your state perform using the administrative process? For example, does your state use an administrative process for paternity, establishment, modification, and the enforcement of child support?

NH does not use an administrative process to establish, enforce or modify support.
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. The initiating state would send an Assist & Discovery Request requesting that NH use its administrative subpoena process.
For Additional Information - No Link Provided

I8. Does your state require that a custodial party receiving public assistance, who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child?

No. NH will establish an order for support based on a completed signed application for child support services.
For Additional Information - No Link Provided

I9. Does your state require that a custodial party who is not one of the biological parents, have legal custody of a child before establishing an order for support for that child 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.

I10. 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. NH will establish a new order for support to be paid by one or both biological parent if the custodial applicant is not a biological parent. NH will also assist the Obligor of the initial order for support in modifying his/her order based on the substantial change in circumstances.

I11. When your state has issued an order that reserves support and now child support should now be ordered, should the other state request an establishment or a modification?

The other state should request a modification of that prior order.

I12. 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 custodian obtain legal custody before a support order is modified or established?

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.

I13. 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 custodian obtain legal custody before support can be redirected to the new payee?

No. NH will establish an order for support based on a completed signed application for child support services.

I14. What methods of personal service does your state use? **

I15. Does your state send and receive pleadings and documents electronically in international cases? **

I15.1 If yes, specify the types of pleadings and documents your state can send and receive electronically. **

I16. When establishing a child support order, what can be included as add-ons to the child support guideline amount? **

Cash medical support and Extraordinary expenses as detailed in NH RSA 458-C:5.

I17. Please provide the relevant statutory or case law citation. **

NH RSA 458-C:5
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/XLIII/458-C/458-C-5.htm

I18. Does your state encourage amicable solutions between parents in order to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? **

Yes

I18.1 If yes, indicate the appropriate responses. **

The use of mediation, conciliation or similar processes is mandatory in every establishment child support cases where no domestic violence indicators are present.

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?

The lien process is administrative. However, if an Obligor objects to a lien, he/she may file for a judicial appeal to that process.

J2.1. What are the trigger criteria for filing a lien?

For liens against real and personal property, an obligor must be more than sixty (60) days in arrears. For liens against bank accounts/financial assets (stocks, bonds, etc.) an obligor must be more than sixty (60) days in arrears and the 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 - Secretary of State; Financial Assets - bank/financial institution holding the asset; Estates - Responsible Probate Court and Executor of estate.

J2.3. Does your state charge a fee for filing a lien?

J2.4. If yes, please indicate the amount.

J.3. Does your state enforce property seizure and sale?

J3.1. Are the property seizure and sale procedures judicial, administrative, or both?

NH law allows seizure and sale of lien property; however, NH BCSS does not initiate seizure and sale actions.

J4. Are the MSFIDM freeze and seize procedures in your state judicial, administrative, or both?

The MSFIDM lien process is administrative. However, if an Obligor objects to a lien, he/she may file for a judicial appeal to that process.

J4.1. When must an 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?

At the time notice is sent to the entity that holds the lien.

J4.2. 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.
For Additional Information - No Link Provided

J4.3. Does your state require a new notice to be sent when intent to freeze and seize is sent?

Yes

J4.3.1 If yes, who notifies the NCP, the state or the financial institution?

NH BCSS is responsible for supplying the Obligor with all proper notices.

J5. What are the time frames if a new notice of intent to freeze and seize must be sent?

A new notice must be sent with each new lien process.

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 sixty (60) days in arrears and arrearage amount must be greater than $500.00.

J5.2. What is the minimum delinquent dollar amount that makes an obligor eligible for asset seizure?

The obligor must be at least $500.00 in arrears for an asset to be seized.
For Additional Information - No Link Provided

J5.3. Is there a specified amount of time of delinquency required prior to proceeding with freeze and seize?

Yes

J5.3.1. If yes, please provide the time frame.

The Obligor must owe arrears equal to or greater than sixty (60) days support.

J5.4. Are only a certain percentage of the obligor's financial assets eligible for freeze and seize?

Yes

J5.4.1. If yes, provide the percentage.

The first $1000.00 of any financial asset is exempt from attachment.

J5.4.2. Is the percentage different for joint accounts?

J5.4.3. If yes, describe.

J5.5. Does your state require a minimum amount of money in a financial account for the funds to be eligible for freeze and seize action? If so, provide the amount.

There must be at least $1500.00 in the Obligor's account for seizure actions to be implemented.

J5.6. Who is responsible for applying the minimum amount, your state or the financial institution?

NH BCSS is responsible for knowing what is in the account and for following the guidelines set forth by their policies and procedures. BCSS advises the institution of this amount in the notices that are sent to initiate the lien process.

J5.7. How long does the obligor or other account holders have to contact your state child support enforcement agency or court to challenge the Freeze and Seize action?

The Obligor must contact NH BCSS in writing within twenty (20) days to request appeal of the seizure process.
For Additional Information - No Link Provided

J5.8. If state law or policy allows for a second contest to a freeze and seize action, how long does the obligor or joint account holder have to contact your child support agency or court to challenge the freeze and seize action?

The Obligor has thirty (30) days from the date of decision on the first appeal to file a subsequent request for further appeal actions.

J5.9. On what basis can an obligor and/or other account holder challenge a Freeze and Seize action?

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 may have been issued that BCSS is not aware of.
For Additional Information - No Link Provided

J5.10. Is your state's complaint review process judicial, administrative, or both?

The review process can be both judicial and administrative. An Obligor may request a judicial hearing on a matter at any time. An Obligor may also request a supervisory review (administrative) upon receipt of enforcement actions should he/she have proof of a mistake of fact.

J5.11. What are your state's penalties for incorrect seizures?

There are no penalties. NH would refund money if it was determined to be an incorrect seizure.

J5.12. Is the second challenge administrative, judicial, or both?

The first appeal would normally be at the supervisor level. The second appeal may be at the administrative appeal level or the Obligor may proceed directly to the judicial process.

J5.13. What is your state's appeal time frame, unique appeal requirements and recourse for non-debtor accounts?

The Obligor has twenty (20) days from date of notice to request caseworker review and then thirty (30) days from date of caseworker decision to request administrative review. If the 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. There is 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 the automated system for all selected cases. Responsible workers 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. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc)?

J5.16.1 If yes, provide the state authority and the procedures financial institutions should follow to liquidate non-liquid assets.

For Additional Information - No Link Provided

J5.17. Does your state law or policies instruct the financial institution or state to hold the frozen assets during the challenge or appeal time frame or freeze period?

Yes
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/XII/161-C/161-C-12.htm

J5.18. How long does the financial institution have to send the obligor's assets to your child support enforcement 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.
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?

The only state benefit that support is withheld from is Unemployment Compensation. This is done at the administrative level.

J7. Describe any other administrative enforcement procedures your state may have.

Other enforcement remedies available in NH include license revocation, credit bureau reporting, passport denial and federal offset. .

J8. Describe any other judicial enforcement procedures your state may have.

NH has the a civil contempt process available as a judicial enforcement remedy.

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 your state's enforcement remedies are available without judicial actions?

All of NHs enforcement remedies other than civil contempt is available without judicial action.

J11. Describe your state's procedures for registering and enforcing another state's order.

The other state would send an Interstate Enforcement Transmittal Request, a certified copy of the order and any other required documentation to NHs Central Registry. Central Registry follows UIFSA requirements for the registration of a foreign support order for enforcement.

J12. Describe additional judicial procedures required after registration, if any, to enforce a support order.

Once the order is registered, it is enforceable based on NH enforcement policies.

J13. Has your state adopted the Uniform Enforcement of Foreign Judgments Act (UEFJA)?

Yes

J13.1. If yes, 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. What are your state's criteria for reporting an obligor'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.

J15. To which credit bureaus does your state report an obligor's child support information?

Transunion

J16. 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.

J17. These questions describe state procedures for Automated Administrative Enforcement in Interstate Cases (AEI). Refer to OCSE-AT-08-06 for additional information about AEI.

J18. What data matches with financial institutions and other entities (and the seizure of such assets) are available through AEI in your state? Examples may include liens and levies, MSFIDM, FIDM, state benefits (lump sum), state lottery, state income tax, etc.

AEI cases are currently maintained outside the child support system, therefore no data match is available at this time.

J19. 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

J20. What mandatory data elements does your state need to process AEI requests?

J21. Which additional data elements would aid your state in processing AEI requests?

As much information as possible regarding the account or property which they are requesting to be liened.

J22. How many copies/sets of documents does your state require with an AEI request?

NH requires one set of documents to process an AEI request.

J23. What are the criteria that must be met to deem an obligor eligible for any AEI matches available in the state, aside from liens/levies and MSFIDM?

An Obligor is exempt from AEI process if the Obligor is receiving public assistance pursuant to RSA 161-C:5, the Obligor has filed a motion with the Court to modify his/her support order that could reduce the arrearage to an amount that is less than the legally ordered support owed for sixty (60) days, and has provided a copy of the motion to BCSS, there is a Superior Court order that states that the Obligor has good cause not to have a lien placed against his/her financial assets, there is a legal order that specifically prohibits the use of liens against the Obligor's financial assets, or the Obligor has filed for Chapter 13 bankruptcy.

J24. Does your state's law require financial institutions doing business in your state to accept freeze and seize actions directly from other states?

J24.1. If no, then describe the process for a freeze and seize action from another child support agency (for example, Transmittal #1 or Transmittal #3), and list the additional documentation required.

J25. What is the procedure for obtaining a certified copy of a court order?

A written request is sent to the initiating court asking for a certified copy to be sent to the child support worker.

J26. What is the procedure for obtaining a certified payment record?

An Interstate Enforcement Transmittal #2 is sent to the initiating state asking for a certified payment record.

J27. Is there a cost for requesting a certified copy of a court order or payment record?

J28. What are your state's policies and practices for driver's license revocation for nonpayment of support and reinstatement, especially for low income parents or a hardship exemption?

Cases are reviewed individually. Each case should be assessed for ability to come into compliance immediately and remain in compliance after.

J29. What triggers a driver's license revocation?

An Obligor may not be in compliance with his/her legal order of support by being more than sixty (60) days in arrears, not making periodic payments towards current support and/or arrears, or not obtaining court ordered medical coverage. Periodic payments mean one or more payments received within the last sixty (60) days of which the total amount must equal one month's support obligation. If the criteria for license revocation are met, the child support worker may initiate license revocation process.

J29.1 Is there a threshold arrears amount that serves as the basis to revoke or suspend a driver's license?

Yes

J29.2 If yes, what is the amount?

Obligor must owe arrears greater than or equal to sixty (60) days worth of his/her support obligation.

J30. Under what conditions may a noncustodial party restore the driver's license?

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.

J30.1 What is the process for restoring a driver's license?

The State notifies the NH DMV that the Obligor is in compliance and that the request for revocation is rescinded. The Obligor must then have the license restored by the NH DMV and may have to pay a restoration fee to the NH DMV.

J31. Does your state allow temporary or conditional driver's licenses?

J31.1 If yes, what are the conditions?

J32. Describe any innovations or special practices your state uses regarding driver's license revocation and reinstatement.

J33. When your state is the initiating state, does it submit delinquent cases to the Debtor File for federal administrative offset?

Yes

J33.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for administrative offset?

Yes

J33.2 What is the dollar amount?

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.

J35. When your state is the initiating state, does it submit delinquent cases to the Debtor File for insurance match?

Yes

J35.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?

Yes

J36. When your state is the responding state, does it submit delinquent cases to the Debtor File for federal administrative offset?

J36.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for federal administrative offset?

J36.2 What is the dollar amount?

J38. When your state is the responding state, does it submit delinquent cases to the Debtor File for insurance match?

J38.1 If yes, does your state require a minimum dollar amount greater than $25.00 before submitting delinquent cases for insurance match?

J38.2 What is the dollar amount?

J39. When your state is the responding state, does it submit delinquent cases to the Debtor File for passport denial?

J40. Does your state give the NCP credit for Retirement, Survivors, and Disability Insurance (RSDI) benefits received directly by the CP?

K. Modification and Review/Adjustment

K1. How frequently does your state conduct order reviews in IV-D cases (for example, every year, every three years)?

Orders are eligible for review every three years, beginning three years after the order issue date. Orders that do not contain a medical support provision are subject to review any time.
For Additional Information - No Link Provided

K2. Briefly describe your state's modification procedure.

Orders may be modified by the court of issuance upon a finding of a substantial change in circumstances or every three years without any change in circumstances. To modify the order, a petition must be filed, giving the parties of record proper legal notice and due process. Every three years, eligible IV-D cases with open TANF automatically undergo the review and eligible IV-D Non-TANF and MA-only cases will be reviewed upon the request of either party.

K3. What are your criteria for modification (for example, $50 or 20% from present order)?

The reasonable quantitative standard has two parts, both of which must be met for BCSS to be able to recommend that an adjustment is appropriate: a. The difference between the current order and an order based on the child support guidelines using the parents current circumstances must be at least 20 % up or down; and b. The difference must equal a dollar amount of at least $50 per month.

K4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

K4.1. The earnings of the obligor have substantially increased or decreased.

Yes

K4.2. The earnings of the obligee have substantially increased or decreased.

Yes

K4.3. The needs of a party or the child(ren) have substantially increased or decreased.

K4.4. The cost of living as measured by the Federal Bureau of Vital Statistics has changed.

Yes

K4.5. The child(ren) has extraordinary medical expenses not covered by insurance.

Yes

K4.6. There has been a substantial change in childcare expenses.

Yes

K4.7. What other criteria does your state use for demonstrating a change in circumstances for modifying an order?

See NH RSA 458-C:5 Adjustments to the Application of Guidelines Under Special Circumstances at: http://www.gencourt.state.nh.us/rsa/html/XLIII/458-C/458-C-5.htm

K5. Does your state have cost of living adjustments (COLAs) for orders?

K5.1. If yes, what index does your state use?

K6. How does your state credit SSA disability to current and past-due support?

If a dependent is receiving a benefit from the Obligor's 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.

K7. Does your state abate support? For example, when the child is not living with the CP for more than 30 days and there has not been a change in custody or when the NCP is in prison, etc.

K7.1. If yes, explain the circumstances?

K7.2. What is the statutory citation for your abatement law?

For Additional Information - No Link Provided

K7.3. What documents does your state require for each type of referral other than UIFSA referrals? For example, pay records and certifications for TANF, etc.

For Additional Information - No Link Provided

K7.4. What information does your state need to obtain copies of paternity acknowledgements/affidavits and birth records, including where to make requests and the cost of processing the requests.

Send letter requesting birth record/Affidavit of Paternity stating reason for request to: NH Division of Vital Records Administration, 9 Ratification Way, Concord, NH 03301-2410, or in person between the hours of 8:30 a.m. and 3:30 p.m. Request must be accompanied by a photocopy of a photo ID of the requesting worker (for example, State ID, Driver's license) along with a check in the amount of $15.00 made out to Treasurer-State of New Hampshire.

K8. What information does your state require to register an out-of-state order for enforcement/modification?

K9. When a child reaches the age of emancipation and arrears are owed on the order, and there is no established payment on arrears, does your state statute allow collection to continue at the same rate as current support?

Yes, NH BCSS would continue to collect the current support as payment toward the remaining arrears.

K9.1. When a child reaches the age of emancipation and arrears are owed on the order, and there is an established payment on arrears, does your state statute allow collection to continue at the same rate as current support, current support plus arrears, or the arrears payment amount only?

NH BCSS continues to collect at the full ordered amount. Therefore, we would collect current plus arrears until the arrears were paid in full or upon receipt of a new order.

K10. What circumstances will cause your state to end child support before the normal duration? **

The child emancipates before the normal duration. The child is no longer under the care of the custodial parent and there is no decision re-directing payments to someone else. The child marries. The child is adopted by someone other than the non-custodial parent. The child has been removed from the family and is a civil ward of the state. The child support order states that child support ceases prior to the normal duration. The child enters into military service prior to the normal duration.

L. Payments

L1. Does your state define a lump sum payment?

Yes

L1.1 If yes, give your state's definition. (Be specific, for example, severance pay, incentives, relocation lump sum payments, etc.).

Any income paid or payable to the obligor as severance pay, accumulated sick pay, vacation pay, bonuses, commissions, or any other similar payments, excluding income paid or payable to the obligor as usual earnings on regular paydays and further excluding reimbursement for employment-related expenses incurred by the obligor.

L1.2 Provide the statutory citation.

NH RSA 458-B:1, XII
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/XLIII/458-B/458-B-1.htm

L2. Does your state law require employers to report lump sum payments?

L2.1 If yes, give the statutory citation or rule.

For Additional Information - No Link Provided

L3. Are employers required to report lump sum payments for all income-withholding orders (including cases with no arrears)?

L3.1 If yes, what is the threshold amount at which a lump sum payment must be reported?

L4. How are employers instructed to report a pending lump sum?

L5. What is the timeframe within which the child support enforcement agency must respond to the employer with instructions for attaching the lump sum?

L6. Does your state use the income-withholding order to attach the lump sum payment?

Yes

L7. Does your state use the lien/levy process to attach lump sum payments?

Yes

L7.1. If yes, what is the name of the document your state uses to attach non-wage lump sum payments?

When the lump sum is not coming from an employer NH uses the lien process and sends Form BCSS 733, "Notice of Lien and Order to Withhold."

L8. What other documents does your state use to attach lump sum payments?

L9. If the lump sum payment is considered earnings as defined by the Consumer Credit Protection Act (CCPA), does your state have higher limits on withholding than the CCPA limit?

No, employers must comply with the CCPA limit

L9.1. If yes, what are those limits?

L9.2. If the lump sum is not considered to be earnings as defined by the CCPA, does your state limit the withholding/attachment?

No
For Additional Information - No Link Provided

L9.3. If yes, what are those limits?

L9.4. If no, what percentage is the employer required to withhold?

L10. If an employer pays the lump sum in addition to regular wages in a single payment, would the CCPA limits apply?

Yes

L10.1 If yes, would the employer only withhold for that period's obligation?

No, the employer would need to withhold that periods obligation from the wage portion and CCPA limits from the lump sum.

L11. Does your state have a direct deposit program?

Yes

L11.1 If so, specify the vendor.

Xerox State and Local Solutions, Inc.

L12. Does your state have a debit card program?

Yes

L12.1 If so, specify the vendor.

EPPI

L13. Is the debit card used for any other state government programs (TANF, SNAP, etc.)?

L13.1 If so, are there fees involved?

L14. What are the fees associated with using the card?

ATM Fees, Cash-back fee, PIN purchase fee, card replacement fees, balance inquiry fees

L15. How does your state collect child support payments from an obligor? **

Payments must be made through the state's Child Support Regional Processing Center. Payments may be made by income withholding. Payments may be made by check or money order. Payments may be made by credit card through MoneyGram with Receive code: 14669 (see <http://www.dhhs.nh.gov/dcss/payor.htm> for full instructions). Payments may be made by electronic funds transfer. Payments by cash are not accepted and are directed to be made by check or money order through the state's Child Support Regional Processing Center.

L16. How does your state disburse child support payments to foreign reciprocating and treaty countries when your state is the responding state in a case? **

Payments may be by check or by electronic funds transfer.

L17. What actions does your state take to reduce the costs and fees associated with international payment processing? **

All payments are processed through a designated authority within two days upon receipt.

L18. Does your state process electronic payments in international cases? **

L18.1 If so, describe the process. **

L19. What is your state's International Bank Account Number (IBAN)? **

N/A

M. Insurance Match

M1. Note: The Consumer Credit Protection Act (CCPA) limits may apply to any insurance payments issued as an income loss replacement.

For Additional Information -

http://www.dol.gov/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 insurance companies doing business in your state to provide, exchange, or look up information with or for your state IV-D agency to determine whether a claimant owes past-due child support?

M2.1. If yes, provide the statutory citation

For Additional Information - No Link Provided

M2.1.2. What information is an insurer required to provide, exchange, or look up with your state's IV-D agency?

For Additional Information - No Link Provided

M2.2. How long before making a payment to a claimant must an insurer provide information to the agency?

M2.3. What criteria must an obligor meet to be eligible for your state's insurance match, exchange, look up, or intercept program? For example, is the law limited to specific claimants (such as policyholder, beneficiary or joint policyholder), types of claims (such as life, property/casualty, or workers' compensation), or specific policies (such as annuities, short term/long term disability)?

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.

M2.4. Must the obligor meet a monetary threshold (dollar amount or percentage of payment) to be eligible for your state's insurance match program?

Obligor must be more than sixty (60) days in arrears and amount owed must be greater than $1,000.00

M2.5. What does the law require an insurer to do to determine whether a claimant owes past-due child support (for example, log into a secure web application and enter identifying information about the claimant)?

There is no law that requires an insurer to search for owed child support prior to paying out a lump sum settlement.

M2.6. Does your state law provide an alternative method or measure that an insurer may use to determine whether the claimant owes past-due child support (for example, participation in the OCSE Insurance Match Program satisfies the requirement)?

M2.7. Does your state law establish a penalty for an insurer that fails to comply with the requirement for determining whether a claimant owes past-due child support? If so, provide the statutory citation.

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?

There is no insurance match law that the insurer would need protection from.

M3. If there is no law, are insurers required to respond to subpoenas or requests for information and liens/levies or IWOs?

Yes.

M3.1. Provide the statutory citation.

NH RSA 161-C:3-c
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/XII/161-C/161-C-3-c.htm

M4. What forms does your state use to intercept insurance payments, settlements, or awards (such as IWO, Notice of Lien/Levy)?

DCSS 733E Notice of Lien and Order to Withhold and DCSS 733A Demand for Delivery of Withheld Property

M5. Who is required notify the NCP of the insurance intercept activity: the child support enforcement agency, the insurance agency, or both?

The child support enforcement agency

M5.1. Provide your statutory citation for notifying an NCP of insurance intercept.

RSA 161-C:3
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/XII/161-C/161-C-3.htm

M5.2. Once notified, is there an appeal period for the obligor and what is its length? Give the statutory citation.

There are three levels of appeals. Obligor has twenty (20) days to file initial appeal. If There are three levels of appeals. Obligor has twenty (20) days to file the initial appeal of a Supervisory Review. If dissatisfied with those result the Obligor can appeal that decision with an Administrative Appeal within thirty (30) days. Obligors also have the ability to appeal judicially at any time during the lien process
For Additional Information -

http://www.gencourt.state.nh.us/rsa/html/XII/161-C/161-C-27.htm

M6. Are there attorney fees associated with the insurance intercept activity?

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. Liens are filed direct to the various workers compensation insurance companies. 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?

If the insurance company does business in the other state, they would file their own lien notices. If they would like to file for our assistance in processing the lien they would file an Interstate Transmittal 1 and indicate the type of assistance they are requesting. With this notice they would need to include a certified arrears statement as well as a certified copy of the court order. If they are requesting full services they will need to provide forms and notices as required in UIFSA policy.

N. Case Closure

N1. Does your state send a CSENet case closure transaction to let the responding state know its intergovernmental services are no longer needed? (MSC P GSC15)

N2. Does your state send a CSENet case closure transaction to notify the initiating state that its case is closed based on one of the following reasons: (MSC P GSC16) (a)Initiating state failure to take an action essential for the next steps? (b)The initiating state requested the responding state to close the case?

N3. Does your state send a CSENet case closure transaction to notify the responding state that it must stop any income withholding orders or notices and close the intergovernmental case? MSC P GSC17)

N4. Does your state send a CSENet case closure transaction to notify the initiating state that per its request the case is closed and your state has stopped its income withholding order? (MSC P GSC18)