New Hampshire Revised Statutes 161-C:10 – Assertion of Lien
Current as of: 2023 | Check for updates
|
Other versions
I. Twenty-one days after service of notice of debt under N.H. Rev. Stat. § 161-C:7, or service of the decision under N.H. Rev. Stat. § 161-C:9, the amount stated in the notice of debt or in the decision shall be a lien against all property of the responsible parent and shall incorporate any unpaid child support which may accrue in the future. This lien shall be separate and apart from and in addition to any other lien created by or provided for in this chapter.
II. The lien shall attach to all real and personal property of the responsible parent when the notice of debt or the decision is filed in the county in which such property is located with the registry of deeds and with the office appropriate for a notice with respect to personal property and liens against earnings. The register of deeds or other appropriate agency shall keep a suitable record of such notices without charging any fee therefor and shall enter for the record an acknowledgment of satisfaction upon written request from the commissioner of the department of health and human services.
III. Whenever the lien has been filed and there is in the possession of any person having notice of the lien any property which may be subject to the lien, such property shall not be paid over, released, sold, transferred, encumbered or conveyed unless:
(a) A release or waiver signed by the commissioner has been delivered to the person in possession; or
(b) A determination has been made in a hearing pursuant to N.H. Rev. Stat. § 161-C:9 or by a court ordering release of said support lien on the basis that no debt exists or that the debt has been satisfied; or
(c) Such property is transferred or paid over to or by a person holding a prior lien on said property.
IV. The commissioner may at any time after the filing of a support lien serve a copy of said lien upon any person in possession of earnings or deposits or balances held in any bank account of any nature which are due, owing or belonging to the debtor.
V. No lien created under this section shall have priority over any prior recorded lien.
II. The lien shall attach to all real and personal property of the responsible parent when the notice of debt or the decision is filed in the county in which such property is located with the registry of deeds and with the office appropriate for a notice with respect to personal property and liens against earnings. The register of deeds or other appropriate agency shall keep a suitable record of such notices without charging any fee therefor and shall enter for the record an acknowledgment of satisfaction upon written request from the commissioner of the department of health and human services.
Terms Used In New Hampshire Revised Statutes 161-C:10
- Account: means a demand deposit account, checking or negotiable withdrawal order account, savings account, time deposit account, money market mutual fund account, or brokerage account. See New Hampshire Revised Statutes 161-C:2
- Commissioner: means the commissioner of the New Hampshire department of health and human services, or his designee or authorized representative. See New Hampshire Revised Statutes 161-C:2
- Department: means the New Hampshire department of health and human services. See New Hampshire Revised Statutes 161-C:2
- Earnings: means compensation paid or payable for personal services whether denominated as wages, salary, commission, bonus or otherwise, and specifically includes periodic payments pursuant to pension or retirement programs, or insurance policies of any type, and all gain derived from capital, from labor or from both combined, including profit gained through sale or conversion of capital assets but does not include payments by any department or division of the state or federal government based upon inability to work or obtain employment. See New Hampshire Revised Statutes 161-C:2
- Lien: A claim against real or personal property in satisfaction of a debt.
- Person: means an individual, trust, estate, partnership, association, company, corporation, political subdivision of the state or instrumentality of the state. See New Hampshire Revised Statutes 161-C:2
- Personal property: All property that is not real property.
- Responsible parent: means the natural or adoptive parent of a dependent child. See New Hampshire Revised Statutes 161-C:2
III. Whenever the lien has been filed and there is in the possession of any person having notice of the lien any property which may be subject to the lien, such property shall not be paid over, released, sold, transferred, encumbered or conveyed unless:
(a) A release or waiver signed by the commissioner has been delivered to the person in possession; or
(b) A determination has been made in a hearing pursuant to N.H. Rev. Stat. § 161-C:9 or by a court ordering release of said support lien on the basis that no debt exists or that the debt has been satisfied; or
(c) Such property is transferred or paid over to or by a person holding a prior lien on said property.
IV. The commissioner may at any time after the filing of a support lien serve a copy of said lien upon any person in possession of earnings or deposits or balances held in any bank account of any nature which are due, owing or belonging to the debtor.
V. No lien created under this section shall have priority over any prior recorded lien.