New Hampshire Revised Statutes 161-B:3 – Duty of Department to Enforce Child Support
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I. Whenever the department receives an application for public assistance on behalf of a child and it shall appear to the satisfaction of the department that said child has been abandoned by its parents or that the child and one parent have been abandoned by the other parent or that the parent or other person who has a responsibility for the care, support, or maintenance of such child has failed or neglected to give proper care or support to such child, the department shall take appropriate action under the provisions of this chapter, the abandonment or nonsupport statutes, or other appropriate statutes of this state to insure that such parent or other person responsible shall pay for the care, support or maintenance of said dependent child.
II. The commissioner may accept applications for support enforcement services on behalf of persons who are not recipients of public assistance and may take such action as the commissioner deems appropriate to establish or enforce support obligations against either or both parents owing a duty to provide child or medical support. Action may be taken under this chapter, the abandonment or nonsupport statutes, or other appropriate statutes of this state, including but not limited to remedies established in RSA 161-C, to establish and enforce support obligations, provided, however, that if such child support obligation has been terminated by court order or by operation of law the commissioner may close the case in accordance with the criteria set out in federal statutes and regulations.
III. The commissioner may establish by rule such reasonable standards as the commissioner deems necessary to limit applications for support enforcement services. Said standards shall take into account the income, property, or other resources already available to support the person for whom a support obligation exists.
IV. In cases where the department is providing child support services to an individual who has never received assistance under a state program funded under Title IV-A of the Social Security Act, the commissioner shall charge a fee in accordance with section 454(6) of the Social Security Act. In all other cases where the department is providing child support services, the commissioner may charge a fee to compensate the department for services rendered in establishment of or enforcement of support obligations.
V. The department, through the child support unit established pursuant to N.H. Rev. Stat. § 161:2, XIV, shall collect support obligations for the care, support or maintenance of dependent children. The commissioner may contract with counties, cities, towns or any other person to aid in collecting or to collect support obligations and to administer the child support program established by Title IV-D of the Federal Social Security Act and any and all amendments thereto and regulations promulgated thereunder.
VI. Consistent with federal law and any international treaty or convention to which the United States is a party and that has been ratified by the United States Congress, the commissioner may, on approval by and with the cooperation of the governor, pursue negotiations and enter into reciprocal agreements with a foreign country or a political subdivision of a foreign country to establish and enforce child support obligations. As a prerequisite to entering into a reciprocal agreement with this state, the foreign country or political subdivision shall have enacted laws or established procedures for the issuance and enforcement of support orders that are substantially similar to fundamental due process rights afforded to the citizens of this state, including personal and subject matter jurisdiction, notice, and an opportunity to be heard.
II. The commissioner may accept applications for support enforcement services on behalf of persons who are not recipients of public assistance and may take such action as the commissioner deems appropriate to establish or enforce support obligations against either or both parents owing a duty to provide child or medical support. Action may be taken under this chapter, the abandonment or nonsupport statutes, or other appropriate statutes of this state, including but not limited to remedies established in RSA 161-C, to establish and enforce support obligations, provided, however, that if such child support obligation has been terminated by court order or by operation of law the commissioner may close the case in accordance with the criteria set out in federal statutes and regulations.
Terms Used In New Hampshire Revised Statutes 161-B:3
- Contract: A legal written agreement that becomes binding when signed.
- Dependent: A person dependent for support upon another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. The commissioner may establish by rule such reasonable standards as the commissioner deems necessary to limit applications for support enforcement services. Said standards shall take into account the income, property, or other resources already available to support the person for whom a support obligation exists.
IV. In cases where the department is providing child support services to an individual who has never received assistance under a state program funded under Title IV-A of the Social Security Act, the commissioner shall charge a fee in accordance with section 454(6) of the Social Security Act. In all other cases where the department is providing child support services, the commissioner may charge a fee to compensate the department for services rendered in establishment of or enforcement of support obligations.
V. The department, through the child support unit established pursuant to N.H. Rev. Stat. § 161:2, XIV, shall collect support obligations for the care, support or maintenance of dependent children. The commissioner may contract with counties, cities, towns or any other person to aid in collecting or to collect support obligations and to administer the child support program established by Title IV-D of the Federal Social Security Act and any and all amendments thereto and regulations promulgated thereunder.
VI. Consistent with federal law and any international treaty or convention to which the United States is a party and that has been ratified by the United States Congress, the commissioner may, on approval by and with the cooperation of the governor, pursue negotiations and enter into reciprocal agreements with a foreign country or a political subdivision of a foreign country to establish and enforce child support obligations. As a prerequisite to entering into a reciprocal agreement with this state, the foreign country or political subdivision shall have enacted laws or established procedures for the issuance and enforcement of support orders that are substantially similar to fundamental due process rights afforded to the citizens of this state, including personal and subject matter jurisdiction, notice, and an opportunity to be heard.