New Hampshire Revised Statutes 161-C:8 – Notice and Determination of Financial Responsibility Where no Legal Order Exists
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I. If no legal order of support exists the department may, by service on the responsible parent of a notice of hearing and finding of financial responsibility and by hearing and other procedures set forth below, require a responsible parent to appear and show cause in a hearing held by the commissioner why the finding of responsibility or the amount thereof, or both, is incorrect, should not be finally ordered or should be rescinded or modified. The commissioner after hearing shall establish a periodic payment to satisfy the responsible parent’s support obligation under the laws of this state, establish the debt accrued or accruing, or both, under N.H. Rev. Stat. § 161-C:4, and establish a periodic payment to satisfy that debt.
II. The commissioner shall serve the notice of hearing and finding of financial responsibility not less than 20 days before the date of the hearing.
III. The notice shall contain:
(a) The amount the department has determined the responsible parent owes;
(b) A statement of the debt accrued or accruing, or both, under N.H. Rev. Stat. § 161-C:4 and periodic support payments in the future, all computable on the basis of the amount of the monthly public assistance payment previously paid, or need alleged and the ability of the responsible parent to pay all or any portion of the amount so paid or being paid or to be paid, or any combination thereof;
(c) A statement of the periodic public assistance, where appropriate; and
(d) A statement of the name of the recipient of public assistance and the names of the dependent children.
II. The commissioner shall serve the notice of hearing and finding of financial responsibility not less than 20 days before the date of the hearing.
Terms Used In New Hampshire Revised Statutes 161-C:8
- 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.
- 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
- 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.
- Public assistance: means money payments made by the state pursuant to N. See New Hampshire Revised Statutes 161-C:2
- Responsible parent: means the natural or adoptive parent of a dependent child. See New Hampshire Revised Statutes 161-C:2
- 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
III. The notice shall contain:
(a) The amount the department has determined the responsible parent owes;
(b) A statement of the debt accrued or accruing, or both, under N.H. Rev. Stat. § 161-C:4 and periodic support payments in the future, all computable on the basis of the amount of the monthly public assistance payment previously paid, or need alleged and the ability of the responsible parent to pay all or any portion of the amount so paid or being paid or to be paid, or any combination thereof;
(c) A statement of the periodic public assistance, where appropriate; and
(d) A statement of the name of the recipient of public assistance and the names of the dependent children.