New Hampshire Revised Statutes 161-C:11 – Exemptions
Current as of: 2023 | Check for updates
|
Other versions
I. Except as provided in paragraph II of this section, any property otherwise exempt from trustee process, attachment and execution shall be exempt from an order to withhold and deliver, administrative seizure and disposition, and lien and foreclosure. Insurance settlement payments for casualty loss to personal or real property and past or future medical treatment shall be exempt from this section. Reasonable attorney fees and expenses related to obtaining the insurance settlement or judgment shall be exempt from this section pursuant to N.H. Rev. Stat. § 311:13.
II. The following amounts shall be exempt from withholding and may be disbursed to the responsible parent whether such earnings are paid or to be paid weekly, monthly, or at other regular intervals and whether there be due the parent earnings for one week or for a longer period:
(a) If the responsible parent supports a second family, 50 percent of the parent’s disposable earnings; provided, however, that if the arrearage is more than 12 weeks old, 45 percent of the parent’s disposable earnings shall be exempt;
(b) If the responsible parent does not support a second family, 40 percent of the parent’s disposable earnings; provided, however, that if the arrearage is more than 12 weeks old, 35 percent of the parent’s disposable earnings shall be exempt.
III. Any lien or order to withhold and deliver served pursuant to this chapter shall continue to operate and require any person so served to withhold the nonexempt portion of earnings at each succeeding earnings disbursement interval until the entire amount of the support debt stated in the lien or order to withhold and deliver has been withheld.
II. The following amounts shall be exempt from withholding and may be disbursed to the responsible parent whether such earnings are paid or to be paid weekly, monthly, or at other regular intervals and whether there be due the parent earnings for one week or for a longer period:
Terms Used In New Hampshire Revised Statutes 161-C:11
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Disposable earnings: means that part of the earnings of any individual remaining after the deduction from those earnings of any amount required by law to be withheld. 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
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- 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
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Responsible parent: means the natural or adoptive parent of a dependent child. See New Hampshire Revised Statutes 161-C:2
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Trustee: A person or institution holding and administering property in trust.
(a) If the responsible parent supports a second family, 50 percent of the parent’s disposable earnings; provided, however, that if the arrearage is more than 12 weeks old, 45 percent of the parent’s disposable earnings shall be exempt;
(b) If the responsible parent does not support a second family, 40 percent of the parent’s disposable earnings; provided, however, that if the arrearage is more than 12 weeks old, 35 percent of the parent’s disposable earnings shall be exempt.
III. Any lien or order to withhold and deliver served pursuant to this chapter shall continue to operate and require any person so served to withhold the nonexempt portion of earnings at each succeeding earnings disbursement interval until the entire amount of the support debt stated in the lien or order to withhold and deliver has been withheld.