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New Hampshire State Law

1. General Program-At-A-Glance

1. How many local child support 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 Southern NH (Nashua & Salem). The Central Registry office and Interstate Office are located in Concord.
2. What is the name of your IV-D agency?
The New Hampshire Bureau of Child Support Services (BCSS).
3. Is your state administrative, judicial, or a combination of both? In particular, does your state primarily use judicial or administrative procedures to establish and/or enforce support orders? Please describe.
Both. Judicial process is used exclusively for establishment of support orders. All of NHs enforcement remedies are administrative other than civil contempt, which requires judicial action.
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4. Does your state use the following applications: EDE, CSENET, QUICK?
Yes.

2. Duration Of Support

1. What is the duration of support in your state? Include the age of majority when the support obligation ends in the absence of other factors. Include your state's statutory citation(s).
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. 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 that becomes effective after July 9, 2013 may continue after the child reaches age 21. NH RSA 461-A
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2. If not addressed in the order, at what age is child support automatically terminated as a matter of state law? Qualify, if necessary.
Eighteenth (18th) birthday or is no longer enrolled in high school, whichever is later.
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3. Does the date of the order determine the law that is applied to the duration of support? If yes, describe.
No.
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4. Does your state law allow support to be paid beyond the age of majority under certain circumstances (for example, if the child has a disability or is in college)? If yes, describe.
Yes. Any circumstance in which an order would continue beyond the age of majority would have to be clearly outlined in a court order.
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5. What are your state's laws regarding the emancipation of the child that would result in early termination of the child support obligation? Describe.
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. NH RSA 461-A:14, IV
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6. Does child support end if the child no longer lives with the custodial parent but does not emancipate according to state law? For example, the child graduates from high school at 17 and no longer lives with the custodial parent?
No.
7. For orders that include multiple children, does your state automatically reduce the current support owed for remaining children after one of the children in the order reaches the age of majority or otherwise emancipates? If yes, describe.
No.
8. Does your state provide IV-D services to establish support for a child who is no longer a minor but for whom state law provides post-majority support (for example, if the child has a disability or is in college)? If yes, please describe the specific circumstances.
Yes. Child support for a child with disabilities until the age of 21. NH RSA 461-A:14, IV

3. Statute Of Limitations

1. What is your state's statute of limitations for the collection of past-due support?
Pursuant to NH 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)
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2. What is your state's statute of limitations for the establishment of paternity/parentage? Please explain.
Action must be commenced by the child's 18th birthday.
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3. Is dormancy revival/renewal possible? If yes, under what circumstances and for how long?
No.
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4. Support Details

1. What guideline type or method does your state use to calculate child support (for example, Income Shares Model, Percentage of Income Model, Melson Formula)?
New Hampshire's guidelines are statutorily determined using a percentage of income model.
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2. Does your state have any statute(s) addressing interest on arrears? If yes, indicate the amount of interest charged, any related conditions, and the statutory citation.
No.
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3. Does your state's IV-D agency calculate interest on arrears? If yes, indicate the amount of interest charged and any related conditions.
No.
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4. Does your state charge interest on retroactive support? If yes, indicate the amount of interest charged and any related conditions.
No.
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5. Will your state enforce a medical debt for any uninsured portion? If yes, under what circumstances?
Yes. Upon receipt of a court order adjudicating a medical support debt due to non payment of the uninsured portion previously ordered, NH BCSS will enforce collection of ordered debt.
6. If your state has issued an order, and another IV-D agency asserts that the person/entity entitled to receive child support payments has changed from the person/entity designated in your state's order (due to a change in placement or foster care status), what does your state require in order to change the person/entity entitled to receive payments?
Depending on specific facts, redirection of the child support may be possible or it may be necessary to modify or establish a new child support order for the new Obligee.
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6.1. Does it matter if the child receives TANF or Medicaid-only? If so, explain.
No.
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7. Does your state require that a custodial party, who is not one of the biological parents, have legal custody of a child before enforcing an order for support that was issued to the biological parents as the parties for non-public assistance cases?
No.
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8. Does your state IV-D agency give the noncustodial parent credit toward child support for Auxiliary Benefits received directly by the custodial parent on behalf of a child as a result of the noncustodial parent's Social Security Retirement, Survivors, or Disability Insurance (RSDI) benefit?
If a dependent is receiving a benefit from the Obligors SSA disability, that income is added into the NCPs total income in the child support guidelines calculator. Once the calculation is complete, the amount of the dependents benefit is subtracted from the final guidelines figure. If the amount of the childs benefit is greater than the guidelines than the SSA benefit may be considered in lieu of child support. If the benefit is less, the difference may be ordered as child support.
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9. Does your state abate support? If yes, explain the circumstances and provide your statutory citation.
No.
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5. Paternity/Parentage

1. Does your state law require custody and visitation to be addressed at the time of paternity/parentage establishment? If yes, please describe and provide the statutory citation.
No.
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2. What is the percentage of probability for genetic testing that creates a rebuttable or conclusive presumption of paternity?
NH requires a percentage of probability no less than 97% to be conclusive. NH RSA 522:4
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3. What is the state law citation that makes paternity acknowledgment conclusive? Please describe (if appropriate).
A paternity affidavit will be considered conclusive unless it is rescinded within sixty (60) days from date of acknowledgment. NH RSA 5-C:28
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4. Does marriage constitute a rebuttable presumption of paternity/parentage without exceptions? Please describe and provide your statutory citation.
Yes. The presumption of legitimacy of a child born during wedlock is overcome if the court finds that the conclusions of all the experts, as disclosed by the evidence based upon the tests, show that the husband is not the father of the child. NH RSA 522:5
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5. Does the father's name on the birth certificate constitute a conclusive presumption of paternity? Please provide your state citation. If no, please describe.
No. Paternity is conclusively determined if the birth certificate was issued after 11/1/1990. NH RSA 5-C:26
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6. Does your state have any other paternity/parentage-related presumptions? If yes, please describe.
Yes. Claim of paternity affidavit registry that NH BCSS maintains. Contact telephone Number: 603-271-4745.
7. What, if any, is the agency name and link for your state's putative fathers' registry?
Putative Father Registry.
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8. What documents regarding paternity can your state's IV-D agency provide to other IV-D agencies? Are there any charges to the requesting IV-D agencies?
Birth certificate, Affidavit of Paternity, Vital Records documentation and Court Orders. There are no charges to the requesting IV-D agency.
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9. Does your states bureau of vital statistics charge any fees to other states or private individuals for requesting searches, paternity/parentage documents, and data?
The cost of a search for a vital record is $15.00. If DVRA staff find a record after the search, they will issue a certified copy free of charge. Additional certified copies of the same record are available at a cost of $10.00 each.
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9.1. Describe any circumstances under which these fees may be waived?
Such fee shall be waived if the error was made by the town clerk.
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10. Is common-law marriage currently recognized in your state? If yes, describe the standard that defines common-law marriage and the date the standard went into effect.
Common law is only recognized at the death of a party.
11. If there was a prior common-law standard in your state that is no longer in effect, what were the dates that standard was in effect? Describe the standard.
N/A.
12. If there is more than one child with the same custodial party and the same alleged father, should an initiating jurisdiction send one intergovernmental packet to your state (with a separate Declaration in Support of Establishing Parentage forms for each child) or a separate intergovernmental packet for each child?
One packet per case (same Obligee and alleged father) with separate document (ie. BC, paternity affidavit)

6. Support Order Establishment

1. Does your state use an administrative, judicial, or a combined process to establish a support obligation?
NH BCSS uses judicial process exclusively for establishment of support obligations.
1.1 If your state can establish both administratively and judicially, under what circumstances would your state use the administrative process? Please provide the statutory citation for your state's administrative procedures.
N/A
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1.2. Under what circumstances would your state use the judicial process? Please provide the statutory citation for your state's judicial procedures.
Judicial process used exclusively.
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2. When setting support using your state's guidelines, whose income is considered in addition to the noncustodial parent's (for example, custodial parent, spouse, child)?
In determining proper support guidelines, the Obligor and Obligee incomes are considered to calculate the base figure. Income of family or household members may be considered under specific circumstances.
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2.1. What documentation is required as proof/evidence of this information?
A financial affidavit for the family or household member is usually required. Pay stubs and/or health insurance statements may be included.
3. What criteria for rebutting your presumptive guidelines have been established in your state?
There may be adjustments to the calculation of the guidelines under special circumstances. For example, extraordinary medical, dental or education expenses incurred by a party on behalf of the children involved, or for shared custody arrangements. NH RSA 458-C:5
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4. Will your state establish support orders for prior periods of support? If yes, please describe (for example, from the birth of the child, from date of separation, prenatal expenses, five years retroactive).
Yes. Prior support could be ordered from birth if child is less than 3 months old at the time the order is established. If the child is 3 months old or older, prior support is limited to the date the petition was serviced on the Obligor. If the court finds that the Obligor is willfully avoiding service, the court may order prior support from a date the court deems equitable and just.
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4.1. What information or documentation does your state require to proceed with establishing support for prior periods?
A petition, a return of service or waiver of service, a completed guideline worksheet, financial affidavits completed by both parties, and a proposed Uniform Support Order.
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4.2. Will your state allow a petition for support for a minor child when the only issue is retroactive support?
No.
4.3. If there are limitations upon your state's ability to establish support for prior periods, specify those limitations.
Prior support could be ordered from birth if child is less than 3 months old at the time the order is established. If the child is 3 months old or older, prior support is limited to the date the petition was serviced on the Obligor. If the court finds that the Obligor is willfully avoiding service, the court may order prior support from a date the court deems equitable and just.
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5. Does your state require that a custodial party, who is not a biological parent, have legal custody of a child before establishing an order for support when public assistance is being expended?
No. NH will establish an order for support based on a completed signed application for child support services.
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5.1. What about when public assistance is not being expended?
No. NH will establish an order for support based on a completed signed application for child support services.
6. When your state has issued an order that reserves support, and now child support should be ordered, does your state require establishment or modification?
The other state should request a modification of that prior order.
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7. When there is an existing support order between the parents of a child and the child's residence changes from one parent to the other, does your state require that the new custodial parent obtain legal custody before child support is addressed? Please describe.
No. NH will also assist the Obligor of the initial order for support in modifying his/her order based on the substantial change in circumstances.
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7. Income Withholding

1. What are specific sources of income not subject to withholding?
NH BCSS cannot withhold from financial assistance grants such as Temporary Aid to Needy Families, Aid to the Permanently and Totally Disabled as well as Supplemental Security Income, Food stamps, certain Veterans benefits and assistance received from a county, town or city. NH RSA 161-C:5
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2. Does your state law adopt the federal Consumer Credit Protection Act (CCPA) income withholding limits? Please provide the statutory citation.
No.
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2.1. Does your state have policies or procedures allowing the agency to use lower limits than the CCPA?
No.
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2.2. What are the withholding limits for non-employees?
N/A
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3. What is the maximum fee for the administrative cost that an employer may charge for processing income withholding orders? (45 CFR 303.100 (e)(iii).
NH BCSS income garnishment law allows employers to charge Obligors $1.00 per transaction for the cost of withholding for child support. NH RSA 458-B:6
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4. Does your state charge any fees to the noncustodial parent that the employer must withhold and remit to the state? If yes, please explain.
NH BCSS currently has no fees assessed to the Obligor.
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5. Is an employer required to begin withholding after the date of service, receipt, or mailing of an income withholding order?
The employer must implement withholding no later than the first pay period that occurs after 14 days after the notice was mailed.
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5.1. How many days following the first pay period that occurs after service, receipt, or mailing of an income withholding order is an employer required to begin withholding?
The employer must implement withholding no later than the first pay period that occurs after 14 days after the notice was mailed.
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6. When must an employer remit amounts withheld from an employee's pay?
The employer must send the withheld amount to the state or other Obligee at the same time the Obligor is paid.
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7. What are your state's sanctions for employers for not implementing income withholding?
An employer may be charged with a $1000 criminal misdemeanor fine, plus $100 administrative fine for each payday for each employee should they fail to implement an order for withholding. The child support worker and/or legal department will first attempt to contact the employer and assist with bringing them into compliance prior to initiating any actions against them.
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7.1. What are the penalties to an employer for failure to remit payments withheld?
If an employer/income withholder withholds income from an employee/Obligor but does not send the money to BCSS, the employer/income withholder could be guilty of theft, which is punishable by up to fifteen (15) years in NH state prison and/or a fine of up to $100,000. NH RSA 651:2
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8. Does your state allow other jurisdictions to send income withholding orders for unemployment insurance (UI) benefits directly to your state's UI agency? If yes, please explain your process and include any additional required documents.
No.
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8.1. If no, what is your state's process to aid the other jurisdictions in withholding UI benefits? Please describe and include the required documents.
Any request from another state to withhold from an Obligor's unemployment insurance benefit must be sent to the NH Central Registry with the following documents; 1) Initial Request form that specifies that the other state is seeking to collect child support from the unemployment insurance benefit; 2) the court order pertaining to child support, 3) a current arrearage statement, and; 4) documentation that provides proof of paternity coding for the child(ren). Interstate Enforcement Transmittal 1, copies of all child support orders, an original notarized statement of arrears and all information that would document paternity coding.
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9. Does your state allow other jurisdictions to send income withholding orders directly to a noncustodial parent's financial institution in your state? If yes, please explain your process and include any additional required documents.
Yes. Direct income withholding can be sent to any entity that does business in the requesting state.
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9.1. If no, what is your state's process to aid the other jurisdiction in collecting from a financial institution? Please describe and include the required documents.
N/A
10. How does a noncustodial parent contest an income withholding in your state?
The Obligor wishing to contest income withholding may request a Supervisory Review due to a mistake of fact within fifteen (15) days of the date of the notice of withholding. An Obligor dissatisfied with the results of a Supervisory Review may request an Administrative Hearing within thirty (30) days of the Notice of the Results of the Supervisory Review. An Obligor dissatisfied with the determination of the Administrative Hearing: 1) may request a rehearing through the DHHS Administrative Appeals Unit, or 2) may file for a judicial appeal; within thirty (30) days of the date of the determination.
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11. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
Money is always distributed to current support first. Any remaining funds will be prorated between any arrears owed by the Obligor.
12. When calculating disposable income for child support purposes, what are the mandatory deductions from gross income required by state law, such as union dues or medical insurance premiums?
If the deductions are required by law or as a condition of employment, they may be deducted from the Obligor's income prior to determining if there are sufficient funds for withholding the full income withholding order.
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13. When does your state require the employer to send notice of an employee's termination?
The employer shall notify the state or other Obligee within fifteen (15) days of the Obligor's termination of employment, and shall provide the Obligor's last known address and the name and address of the present employer, if known. NH RSA 458-B:6
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14. When your state is enforcing an order and receives payment through income withholding that is not enough to cover the full amount ordered, how does your state apply the payment to the types of support (for example, current, arrears, medical, spousal support, other)? Please describe and provide the statutory citations, if appropriate.
The employer is instructed to withhold support based on the CCPA. Once the payment is received it is distributed into the case based on current distribution guidelines. Money will first be applied to current child support.
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8. Distribution

1. Does your state pass through collections (and disregard collections for Temporary Assistance for Needy Families (TANF) eligibility purposes) in current assistance cases? If yes, provide the amount and explain.
No.
2. Does your state participate in the pass-through in former assistance cases? If yes, provide the date and explain.
No.
3. In former assistance cases, are federal income tax refund offset payments applied to families first (DRA distribution) or state arrears first (PRWORA distribution)?
NH BCSS continues to distribute collections according to PRWORA distribution rules.
4. How does your state distribute payments when the noncustodial parent has arrears due to your state and another state?
Money is always distributed to current support first. Any remaining funds will be prorated between any arrears owed by the Obligor.
4.1. If there are no arrears due to your state, how does your state distribute payments when the noncustodial parent has arrears due to multiple states?
Money is always distributed to current support first. Any remaining funds will be prorated between any arrears owed by the Obligor.
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9. Enforcement

1. What data matches (for example, financial institution, state lottery) and enforcement remedies are available through Automated Administrative Enforcement in Interstate Cases (AEI) in your state? (See AT-08-06: Implementing Section 466(a)(14) of the Social Security Act, High-Volume, Automated Administrative Enforcement in Interstate Cases.)
AEI cases are currently maintained outside the child support system, therefore no data match is available at this time.
2. What criteria must be met, and in addition to Transmittal #3, what documentation does your state require to proceed with an AEI request?
NH requires that the other state provide the following information; Obligor's Name, Obligor's Address, Obligor's SSN, Obligor's DOB, Obligor's telephone number and fax number when applicable, Copy of the court order, Initiating State case ID number, Initiating State caseworkers name, Initiating State caseworkers telephone and fax number, including area code, Initiating State caseworkers email address, Certified amount of arrears as of a date certain, Monthly obligation, Date of last payment, Complete information regarding the financial institution holding the assets to be liened, including the name, address, telephone number (with area code), and fax number and all account names and numbers required to initiate the lien process
3. What are your state's criteria for reporting a noncustodial parent's child support information to credit bureaus?
An Obligor must be at in arrears greater than or equal to sixty (60) days of his/her support obligation. The advance notice must be sent certified and regular mail giving the Obligor twenty (20) days to dispute the arrears and this process.
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4. To which credit bureaus does your state report a noncustodial parent's child support information?
Experian.
5. Is the method for credit bureau reporting judicial, administrative, or both?
Credit bureau reporting is an administrative remedy. The Obligor has the right to dispute this process and/or arrears through the judicial appeals process at any time.
6. Can a noncustodial parent who no longer has a past-due account have the report removed from the credit bureau? If so, what must the noncustodial parent do?"
If the past-due account balance is brought to zero, BCSS will report monthly to the credit bureau as such.
7. When your state is the responding state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
No.
8. When your state is the initiating state, does it submit past-due cases to OCSE for federal administrative offset? If yes, what is the minimum required past-due amount?
Yes. Past-due support must be equal to or greater than $150 in current assistance cases. If the Obligor has more than one current assistance case, past due amounts owed may be combined to reach the $150 threshold. Past-due support must be equal to or greater than $500 in never-assistance cases. If the Obligor has more than one never assistance case, past due amounts owed may be combined to reach the $500 threshold.
9. When your state is the responding state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
No.
10. When your state is the initiating state, does it submit past-due cases to OCSE for insurance match? If yes, what is the minimum required past-due amount?
Yes. The Obligor must have an open case, open enforcement for at least sixty (60) days, Obligor's social security number must be known, arrears must be greater than sixty (60) days and $1000. For ongoing workers compensation or other insurance claims, BCSS may initiate an income withholding order.
11. When your state is the responding state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum required past-due amount?
No.
12. When your state is the initiating state, does it submit past-due cases to OCSE for MSFIDM? If yes, what is the minimum past-due amount?
Yes. Past-due support must be equal to or greater than $150 in current assistance cases. If the Obligor has more than one current assistance case, past due amounts owed may be combined to reach the $150 threshold. Past-due support must be equal to or greater than $500 in never-assistance cases. If the Obligor has more than one never assistance case, past due amounts owed may be combined to reach the $500 threshold.
13. When your state is the responding state, does it submit past-due cases to OCSE for passport denial?
No.
14. Are the financial institution attachment procedures in your state judicial, administrative, or both?
The lien process is administrative. However, if an Obligor objects to a lien, he/she may file for a judicial appeal to that process.
15. Are there specific account types exempt from the administrative financial institution attachment process in your state? If yes, which account types are exempt?
Yes. Insurance settlement payments for casualty, loss to personal or real property, and past or future medical treatment are exempt from attachment. Also, reasonable attorneys fees and expenses. NH RSA 161-C:11
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16. Is the financial institution attachment process in your state centralized and/or automated?
Eligible cases are automatically selected; workers may then initiate the lien process.
17. What are the criteria to attach an account in a financial institution in your state?
An Obligor must be more than sixty (60) days in arrears (has an arrearage equal to at least 2/12 of the Obligors yearly support obligation).
18. Does your state's law require financial institutions doing business in your state to accept enforcement actions directly from other states? If yes, provide the statutory citation. Please explain.
No.
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19. If there are no statutory criteria required to attach an account, describe the process for requesting a financial institution attachment from another child support agency (for example, a Transmittal #3) and list additional documentation required.
NH requires that the other state provide the following information; Obligor's Name, Obligor's Address, Obligor's SSN, Obligor's DOB, Obligor's telephone number and fax number when applicable, Copy of the court order, Initiating State case ID number, Initiating State caseworkers name, Initiating State caseworkers telephone and fax number, including area code, Initiating State caseworkers email address, Certified amount of arrears as of a date certain, Monthly obligation, Date of last payment, Complete information regarding the financial institution holding the assets to be liened, including the name, address, telephone number (with area code), and fax number and all account names and numbers required to initiate the lien process.
20. Does your state's income withholding definition include amounts in financial institutions?
No, in NH a separate lien process would need to be initiated to the financial institution.
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21. Does your state require sending a notice of intent to the noncustodial parent when attaching an account in a financial institution? Who notifies the noncustodial parent - the state, the financial institution, or both?
Yes. NH BCSS is responsible for supplying the Obligor with all proper notices.
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22. How long does the financial institution have to hold funds before sending the noncustodial parent's assets to your child support agency?
The financial institution must release funds to BCSS after 20 (twenty) days have elapsed from the date of notice of lien and upon the receipt of the demand notice.
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23. Does your state law or policy require the financial institution and/or state to hold the attached assets during the challenge or appeal time frame? If yes, provide the statutory citation and time frames.
Yes. After 20 (twenty) days have elapsed from the date of notice of lien and upon the receipt of the demand notice. NH RSA 161-C:12
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24. What amount or percentage of the noncustodial parent's financial assets are eligible for attachment? Is this different for joint accounts? Please explain.
There must be at least $1500.00 in the Obligor's account for seizure actions to be implemented. The first $1000.00 of any financial asset is exempt from attachment.
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25. What are the criteria for a noncustodial parent and/or joint account holder to contest a financial institution attachment?
The only basis for an administrative appeal on a seizure process is a mistake of fact. The Obligor must prove that the arrears are incorrect, do not exist, or that an order was issued that BCSS is not aware of.
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26. Does your state have procedures to liquidate non-liquid assets (for example, stocks, bonds, etc.)? If yes, provide the statutory citation and the procedures to follow.
No.
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27. What are your state's criteria for driver's license revocation/suspension for nonpayment of support?
Obligor must owe arrears greater than or equal to sixty (60) days worth of his/her support obligation.
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28. What are your state's criteria for driver's license restoration/reinstatement, including hardship exemptions?
The State will notify the NH Division of Motor Vehicles (NH DMV) that the revocation is to be rescinded if the Obligor pays the case to current, makes payment via income assignment, reaches a satisfactory agreement with the Bureau, has a court order that orders license be reinstated, receives public assistance and/or SSI. Cases are reviewed individually for hardship exemptions. Each case should be assessed for ability to come into compliance immediately and remain in compliance after.
29. Does your state allow temporary or conditional driver's licenses? If yes, what are the criteria?
No.
30. What are your state's criteria for professional license revocation/suspension for nonpayment of support? Specify the professional license types.
Obligor must owe arrears greater than or equal to sixty (60) days worth of his/her support obligation. All professional license types.
31. What are your state's criteria for professional license restoration/reinstatement, including hardship exemptions?
The State will notify the licensing authority that the revocation is to be rescinded if the Obligor pays the case to current, makes payment via income assignment, reaches a satisfactory agreement with the Bureau, has a court order that orders license be reinstated, receives public assistance and/or SSI. Cases are reviewed individually for hardship exemptions. Each case should be assessed for ability to come into compliance immediately and remain in compliance after.
32. Does your state allow temporary or conditional professional licenses? If yes, what are the criteria?
No.
33. What are your state's criteria for recreational license revocation/suspension for nonpayment of support? Specify the recreational license types.
Obligor must owe arrears greater than or equal to sixty (60) days worth of his/her support obligation. All recreational license types.
34. What are your state's criteria for recreational license restoration/reinstatement, including hardship exemptions?
The State will notify the licensing authority that the revocation is to be rescinded if the Obligor pays the case to current, makes payment via income assignment, reaches a satisfactory agreement with the Bureau, has a court order that orders license be reinstated, receives public assistance and/or SSI. Cases are reviewed individually for hardship exemptions. Each case should be assessed for ability to come into compliance immediately and remain in compliance after.
35. Does your state allow temporary or conditional recreational licenses? If yes, what are the criteria?
No.
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36. What are the criteria for initiating/filing a lien in your state?
An Obligor must be more than sixty (60) days in arrears (has an arrearage equal to at least 2/12 of the Obligors yearly support obligation). The Obligor must own real or personal property in which BCSS can place a lien and the imposition of a lien may prove effective in securing payment on the arrearage owed.
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37. Is the lien process in your state primarily judicial, administrative, or both? Please describe.
The lien process is administrative. However, if an Obligor objects to a lien, he/she may file for a judicial appeal to that process.
38. Does your state enforce property seizure and sale? If so, is this process primarily judicial, administrative, or both? Please describe.
No.
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39. Does your state have a state income tax refund offset as an enforcement remedy? If yes, describe whether the process for this remedy is primarily judicial, administrative, or a combination.
No.
40. Does your state intercept lottery or other types of gaming/gambling winnings in your state? If so, what kind of winnings are included?
Yes. All winnings that are paid through the NH Lottery Commission.
40.1. If yes, is this enforcement judicial, administrative, or both?
The lottery intercept process is administrative.
41. What other administrative enforcement procedures are available in your state that are not otherwise described in the IRG?
The Pre-Show Cause Hearing process. A meeting that occurs in the office prior to a Show Cause Hearing (civil contempt) in an attempt to come into an agreement to avoid the Show Cause process.
42. What other judicial enforcement procedures are available in your state that are not otherwise described in the IRG?
The Show Cause Hearing (civil contempt) process.

10. Modification And Review/Adjustment

1. How frequently does your state conduct order reviews in IV-D cases (for example, every year or every three years)? (See 45 CFR 303.8.)
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.
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2. What is your state's modification procedure? Briefly describe.
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.
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3. What are the criteria for modification under your state's guidelines (for example, a change that is more than $50 or 20% upward or downward from the current amount ordered)?
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.
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4. Which of the following criteria for demonstrating a change in circumstances apply for modifying an order?

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4.1. The earnings of the noncustodial parent have substantially increased or decreased.
Yes.
4.2. The earnings of the custodial parent have substantially increased or decreased.
Yes.
4.3. The needs of a party or the child(ren) have substantially increased or decreased.
No.
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4.4. The cost of living has changed.
Yes.
4.5. The child(ren) has extraordinary medical expenses not covered by insurance.
Yes.
4.6. There has been a substantial change in childcare expenses.
Yes.
4.7. 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
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5. Does your state have a cost of living adjustment (COLAs) for orders? If yes, what index does your state use? (See 45 CFR 303.8(b)(1)(ii).)
No.
6. After learning that a parent who owes support will be incarcerated for more than 180 calendar days, does your state elect to initiate a review of an order without the need for a specific request, i.e., automatically? (See 45 CFR 303.8(b)(2).)
Yes.
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11. Lump Sum Payments

1. What is your state's definition of a lump sum, if it has one? Provide the statutory citation. (Note: States may define "lump sum" more broadly than only employer- related lump sums.)
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. NH RSA 458-B:1, XII
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2. Does your state law require employers to report lump sum payments? If yes, provide the statutory citation or rule.
No.
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3. How does your state attach different types of lump sum payments? For example, does your state use the OMB-approved income withholding order for employer-issued bonuses, a lien, and levy notice for workers' compensation (if workers' compensation is considered a lump sum payment in your state), etc.?
NH uses the OMB-approved income withholding order for employer-issued bonuses and workers compensation out-of-state. 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.

12. Cost Recovery And Fees

1. Does your state elect to recover costs in excess of any fees collected to cover administrative costs in your child support state plan? (See section 454(6) of the Social Security Act and 45 CFR 302.33(d).) If yes, does your state collect excess actual or standardized costs on a case-by-case basis? Please describe.
No.
1.1. If yes, does your state recover costs from the custodial parent or the noncustodial parent? (Note: No costs can be assessed against a foreign custodial parent applying through a Central Authority in a Hague Convention country, a foreign reciprocating country, or a foreign country with state-level reciprocity.)
N/A
2. Does your state recover costs on behalf of an initiating state that has elected to do cost recovery? If yes, describe.
Yes. 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.
3. How does your state impose and collect the mandatory $35 annual fee (after collecting the first $550)? This fee is applicable in IV-D cases in which individuals who never received IV-A assistance are receiving IV-D services. (See 45 CFR 302.33(e).) See options below.
Directly from Obligee disbursements.
3.1. Is it retained by the state from support collected?
Yes.
3.2. Is it paid by the individual applying for child support services?
Yes, the fee is paid by the applicant for services.
3.3. Is it recovered from the noncustodial parent?
No.
3.4. Is it paid by the state out of its state funds?
No.

13. Insurance Match

1. Does your state have legislation requiring insurance companies to work with child support agencies to identify claimants who owe past-due child support? Describe the requirements and provide the statutory citation. How does your state allocate payments when there is more than one claim against the noncustodial parent's income? Should the payment be divided equally or pro-rated among the cases? (See 45 CFR 303.100(a)(5).)
No.
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2. What criteria must a noncustodial parent meet to be eligible for your states participation in the federal insurance match program?
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.
3. What process does your state use to intercept insurance payments?
Eligible cases are automatically selected; workers may then initiate the lien process.
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4. How does another state initiate and intercept collections from your states workers compensation agency?
No.
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5. Does your state participate in the Child Support Lien Network or CSLN (which provides insurance match services)?
No.

14. Family Violence

15. CSENet

1. When your state is the initiating state, does it send a Child Support Enforcement Network (CSENet) case closure transaction to let the responding state know your state has closed its case (including the reason for closure) and/or the responding state's intergovernmental services are no longer needed? (MSC P GSC15; 45 CFR 303.7(c)(11).)
No.
2. When your state is the responding state, does it 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)? Initiating state failure to take an action essential for the next steps? (45 CFR 303.11(b)(17).) The initiating state requested the responding state to close the case? (45 CFR 303.7(d)(10).)
Yes. Yes.
3. When your state is the initiating state, does it 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; 45 CFR 303.7(c)(12).)
No.
4. When your state is the responding state, does it 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; 45 CFR 303.7(d)(9).)
No.
5. Does your state send CSENet transactions to request interest information? (MSC R GRINT)
Yes; however, it is sent using a status request.
6. Does your state send CSENet transactions to provide another state with interest and arrears information? (MSC P GSTAI)
No.

16. Copies Of Orders And Payment Records

1. What are the procedures and associated costs 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.
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2. What are the procedures and associated costs for obtaining a certified payment record?
An Interstate Enforcement Transmittal #2 is sent to the initiating state asking for a certified payment record. There are no associated costs.
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17. Uniform Interstate Family Support Act (UIFSA)

1. What is the statutory citation for your state's enactment of UIFSA?
The NH statute for UIFSA is RSA 546-B.
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2. How does your state define the tribunal (See UIFSA 103)?
Tribunal means a court, administrative agency, or quasi-judicial entity authorized to establish, enforce, or modify support orders or to determine parentage of a child. NH RSA 546-B:1-a State Tribunal and Support Enforcement Agency I. The circuit court, the department of health and human services, or a combination, are the tribunals of this state. II. The department of health and human services, division of child support services, is the support enforcement agency of this state.
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3. How many copies or sets of documents does your state need for an intergovernmental case referral that is not sent electronically?
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.
4. Does your state require initiating states to send intergovernmental forms in a one-sided format (when sending paper copies)?
Yes.

18. International - Reciprocity

1. With which foreign countries or other jurisdictions (such as Quebec) does your state have state-level reciprocity for child support? (Do not include federal foreign reciprocating or Hague Convention countries.)
Quebec Province.
2. Does your state exercise its option for enforcement of spousal-only orders for a foreign reciprocating country, a Hague Convention country, or a foreign country with which your state has state-level reciprocity? (See section 454(32)(B) of the Social Security Act.)
No.
3. Does your state agency accept direct applications for services from individuals residing outside the United States (See UIFSA 307 - Alternative A), or does your state's law allow discretion in accepting these applications (See UIFSA 307 - Alternative B)?
Yes.

19. International Information For Hague Convention Countries

1. 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).)
No.
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2. Does your state send and receive pleadings and documents electronically in international cases? If yes, specify the types of pleadings and documents your state can send and receive electronically.
No.
3. What methods of personal service does your state use?
Certified mail, restricted delivery, returned receipt requested. First class USPS mail. Sheriffs service.
4. When establishing a child support order, what can be included as add-ons to the child support guideline amount? Please provide the relevant statutory or case law citation. (See also question 1 under Support Details.)
Child support is presumed to cover all usual expenses for children. Parties would need to argue to the Court for an upward deviation should unusual expenses for the children arise. Coderre v. Coderre, 148 NH 401 (2002)
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5. Does your state encourage amicable solutions between parents to promote voluntary payment of support, such as the use of mediation, conciliation, or similar consent processes? If yes, describe.
Yes. Family Division requires mediation services in domestic relations cases.
6. 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. NH RSA 461-A:14, IV
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20. International Payments

1. How does your state disburse child support payments to foreign reciprocating and Hague Convention countries when your state is the responding state in a case?
Payments may be by check or by electronic funds transfer.
2. 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 one day upon receipt.
3. Does your state accept electronic payments from foreign reciprocating or Hague Convention countries in international cases? If so, provide payment instructions.
No.

21. Tribal Non IV-D

1. Has your state established cooperative arrangements with any Indian tribes or tribal organizations that don't have a tribal IV-D program?
No.
1.1. If yes, list the tribes and identify services provided, if less than full services.
N/A
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2. Does your state have any IV-D attorneys licensed to practice in the courts of Indian tribes or tribal organizations that don't have tribal IV-D programs?
No.