New Hampshire Revised Statutes 161-C:7 – Notice of Support Debt When Court Order Exists
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I. When the department is subrogated to a legal order of support under N.H. Rev. Stat. § 161-C:6, the commissioner may issue to any responsible parent a notice of debt accrued or accruing under N.H. Rev. Stat. § 161-C:4.
II. The notice of debt shall include:
(a) A statement of the debt accrued or accruing under N.H. Rev. Stat. § 161-C:4;
(b) A statement of the terms of the order, including the names of the dependent children;
(c) A statement that any property of the debtor is subject to lien and foreclosure, administrative seizure and disposition, order to withhold and deliver, or other collection actions;
(d) A demand for payment of the support debt within 20 days of service of the notice of debt;
(e) A statement that the net proceeds of any collection action will be applied to the satisfaction of the support debt; and
(f) A statement of the procedures available for contesting the action.
III. Actions to collect any debt accrued or accruing under N.H. Rev. Stat. § 161-C:4 may commence after 20 days from the date of service of the notice of debt described in this section.
IV. If the commissioner finds that the collection of any support debt accrued or accruing under N.H. Rev. Stat. § 161-C:4 is in jeopardy, the commissioner may make demand under paragraph II for immediate payment of the support debt, and upon failure or refusal immediately to pay, the commissioner may file and serve liens pursuant to N.H. Rev. Stat. § 161-C:10 and orders to withhold and deliver pursuant to N.H. Rev. Stat. § 161-C:12. No action under N.H. Rev. Stat. § 161-C:13 and 14 may be taken and no demand made under N.H. Rev. Stat. § 161-C:12, VI until the notice requirements of paragraph II are met.
II. The notice of debt shall include:
Terms Used In New Hampshire Revised Statutes 161-C:7
- 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
- Dependent: A person dependent for support upon another.
- 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
- Legal order of support: means any judgment or order including an order in a final decree of divorce for the support of dependent children issued by any court of the state of New Hampshire or another state, or any body authorized by law to issue and modify support orders. See New Hampshire Revised Statutes 161-C:2
- Lien: A claim against real or personal property in satisfaction of a debt.
- Responsible parent: means the natural or adoptive parent of a dependent child. See New Hampshire Revised Statutes 161-C:2
(a) A statement of the debt accrued or accruing under N.H. Rev. Stat. § 161-C:4;
(b) A statement of the terms of the order, including the names of the dependent children;
(c) A statement that any property of the debtor is subject to lien and foreclosure, administrative seizure and disposition, order to withhold and deliver, or other collection actions;
(d) A demand for payment of the support debt within 20 days of service of the notice of debt;
(e) A statement that the net proceeds of any collection action will be applied to the satisfaction of the support debt; and
(f) A statement of the procedures available for contesting the action.
III. Actions to collect any debt accrued or accruing under N.H. Rev. Stat. § 161-C:4 may commence after 20 days from the date of service of the notice of debt described in this section.
IV. If the commissioner finds that the collection of any support debt accrued or accruing under N.H. Rev. Stat. § 161-C:4 is in jeopardy, the commissioner may make demand under paragraph II for immediate payment of the support debt, and upon failure or refusal immediately to pay, the commissioner may file and serve liens pursuant to N.H. Rev. Stat. § 161-C:10 and orders to withhold and deliver pursuant to N.H. Rev. Stat. § 161-C:12. No action under N.H. Rev. Stat. § 161-C:13 and 14 may be taken and no demand made under N.H. Rev. Stat. § 161-C:12, VI until the notice requirements of paragraph II are met.