New Hampshire Revised Statutes 458-B:3 – Department of Health and Human Services as Responsible Agency
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I. The department shall be the agency responsible for the administration of this chapter for child support orders, and combination child support and spousal support orders when an application for services under Title IV-D of the Social Security Act has been filed with the department. The department does not administer orders providing only for spousal support.
II. Upon receipt of appropriate application for IV-D services, together with such fees, if any, as have been established by the commissioner, the department shall be authorized to take legal action on behalf of said applicant and shall institute income withholding under this chapter or administrative procedures under RSA 161-C.
III. Collection and disbursement of all support orders initially issued in the state on or after January 1, 1994, which are not being enforced by the department, shall be enforced through the state disbursement unit where the obligor is subject to income withholding pursuant to 458-B, whether or not the obligee has applied for IV-D services. In such cases, the department’s role is limited to monitoring, collecting, and disbursing moneys under this section.
IV. [Repealed.]
V. [Repealed.]
VI. [Repealed.]
VII. When the arrearage on support obligations payable through the department accumulates to an amount equal to the support obligation for one month, an income assignment shall be initiated without requiring the department to amend the support order or seek further action by the court or administrative body that issued the order.
II. Upon receipt of appropriate application for IV-D services, together with such fees, if any, as have been established by the commissioner, the department shall be authorized to take legal action on behalf of said applicant and shall institute income withholding under this chapter or administrative procedures under RSA 161-C.
Terms Used In New Hampshire Revised Statutes 458-B:3
- Arrearage: means the total amount of unpaid support which has accrued since the effective date of a legal order which stipulates a periodic support amount due, and shall include any amount of unreimbursed assistance accumulated prior to the issuance of the legal order of support. See New Hampshire Revised Statutes 458-B:1
- Department: means the department of health and human services. See New Hampshire Revised Statutes 458-B:1
- Income: means compensation paid or payable for personal services, whether denominated as income, salary, commission, bonus, or otherwise, and specifically includes periodic payments pursuant to pension or retirement programs, disability plans, and workers' compensation payments. See New Hampshire Revised Statutes 458-B:1
- IV-D services: means the services provided by the state under the state plan for the collection of support and establishment of paternity adopted pursuant to Title IV-D of the Social Security Act. See New Hampshire Revised Statutes 458-B:1
- month: shall mean a calendar month, and the word "year" a calendar year, unless otherwise expressed; and the word "year" shall be equivalent to the expression "year of our Lord. See New Hampshire Revised Statutes 21:8
- 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.
- Obligee: means the person found to be legally entitled to receive child support, spousal support, or combination child and spousal support. See New Hampshire Revised Statutes 458-B:1
- Obligor: means the person found to be legally liable for child support, spousal support, or combination child and spousal support. See New Hampshire Revised Statutes 458-B:1
- Payable through the department: means that a legal order of support is enforced or administered by the department. See New Hampshire Revised Statutes 458-B:1
- 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. Collection and disbursement of all support orders initially issued in the state on or after January 1, 1994, which are not being enforced by the department, shall be enforced through the state disbursement unit where the obligor is subject to income withholding pursuant to 458-B, whether or not the obligee has applied for IV-D services. In such cases, the department’s role is limited to monitoring, collecting, and disbursing moneys under this section.
IV. [Repealed.]
V. [Repealed.]
VI. [Repealed.]
VII. When the arrearage on support obligations payable through the department accumulates to an amount equal to the support obligation for one month, an income assignment shall be initiated without requiring the department to amend the support order or seek further action by the court or administrative body that issued the order.