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? |
No |
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
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? |
No |
C1.2. If yes, please explain. |
N/A |
C2. Has your state established reciprocity with any Native American tribal courts? |
No |
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
E. Statute of Limitations
F. Support Details
G. Income Withholding
H. Paternity
I. Support Order Establishment
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? |
No |
J2.4. If yes, please indicate the amount. |
J.3. Does your state enforce property seizure and sale? |
No |
J3.1. Are the property seizure and sale procedures judicial, administrative, or both? |
NH law allows seizure and sale of 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? |
No |
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)? |
No |
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 - ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
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 - ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() ![]() |
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? |
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
For Additional Information - http://www.acf.hhs.gov/programs/cse/pol/AT/2008/at-08-06.htm |
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? |
No |
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. |
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. |
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? |
No |
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? |
No |
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? |
no |
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? |
No |
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? |
no |
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. |
No |
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? |
No |
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. |
No |
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
M. Insurance Match
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) |
No |
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? |
No |
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) |
No |
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) |
No |