New Hampshire Revised Statutes 458-B:4 – Amount Withheld
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I, II. [Repealed.]
III. The amount withheld by an income assignment shall include both the amount of support stated in the legal order of support as well as an additional amount which shall be applied to any arrearage. Said arrearage amount withheld shall be no less than 20 percent of the current support withheld, but may be more where circumstances so warrant. In cases where the arrearage due is less than 20 percent of the current support withheld, the amount of arrearage withheld shall be the full amount of the arrearage. When an arrearage continues to exist following the termination of an obligation to support, the income assignment shall continue in effect until such time as the arrearage is eliminated.
III-a. Notwithstanding and in addition to the provisions in paragraph III, where an obligor is not in compliance with a legal order of support, as defined by N.H. Rev. Stat. § 161-B:2, III, any lump-sum payment to an obligor shall be subject to an income assignment up to the amount of any arrearage.
IV. Notwithstanding paragraphs III and III-a, the total amount withheld shall not exceed the amount specified in 15 U.S.C. § 1673(b).
V. When child support is payable through the department and an obligor receives unemployment compensation benefits, the benefits payable to the obligor shall be subject to withholding by assignment. The amount withheld from the benefits pursuant to N.H. Rev. Stat. § 282-A:159, II shall be 20 percent of the obligor’s weekly benefit amount, any benefits payable up to that amount, or the amount of the order of child support, whichever is less. The obligor may voluntarily increase the withheld amount up to the full amount of his unemployment benefits. Notwithstanding the foregoing, a court issuing or modifying an order for support may order that more than 20 percent of the obligor’s weekly benefit amount be withheld.
VI. When less than the full amount of a legal order of support is withheld from the obligor’s income, the difference shall accrue as arrears as long as the legal order of support remains in effect. Amounts withheld from income to satisfy support obligations shall be given the following priority by the employer, unless a court or administrative order directs otherwise:
(a) Current child and spousal support;
(b) Health insurance premiums or current cash medical support obligations;
(c) Arrearages; and
(d) Other child support obligations.
III. The amount withheld by an income assignment shall include both the amount of support stated in the legal order of support as well as an additional amount which shall be applied to any arrearage. Said arrearage amount withheld shall be no less than 20 percent of the current support withheld, but may be more where circumstances so warrant. In cases where the arrearage due is less than 20 percent of the current support withheld, the amount of arrearage withheld shall be the full amount of the arrearage. When an arrearage continues to exist following the termination of an obligation to support, the income assignment shall continue in effect until such time as the arrearage is eliminated.
Terms Used In New Hampshire Revised Statutes 458-B:4
- 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
- Employer: means any person, firm, corporation, or association, or any political subdivision or department of the state or federal government, which employs a person or pays income or any other compensation. See New Hampshire Revised Statutes 458-B:1
- 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
- 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
- Legal order of support: means any valid judgment or order for the support of spouses, dependent children, or both, issued by any court or administrative body of the state of New Hampshire or any other state, including an order in a final decree of divorce. See New Hampshire Revised Statutes 458-B:1
- Lump-sum payment: means any income paid or payable to the obligor as severance pay, accumulated sick pay, vacation pay, bonuses, commissions, or any other similar payments, excluding income paid or payable to the obligor as usual earnings on regular paydays and further excluding reimbursement for employment-related expenses incurred by the obligor. See New Hampshire Revised Statutes 458-B:1
- 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.
- 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
III-a. Notwithstanding and in addition to the provisions in paragraph III, where an obligor is not in compliance with a legal order of support, as defined by N.H. Rev. Stat. § 161-B:2, III, any lump-sum payment to an obligor shall be subject to an income assignment up to the amount of any arrearage.
IV. Notwithstanding paragraphs III and III-a, the total amount withheld shall not exceed the amount specified in 15 U.S.C. § 1673(b).
V. When child support is payable through the department and an obligor receives unemployment compensation benefits, the benefits payable to the obligor shall be subject to withholding by assignment. The amount withheld from the benefits pursuant to N.H. Rev. Stat. § 282-A:159, II shall be 20 percent of the obligor’s weekly benefit amount, any benefits payable up to that amount, or the amount of the order of child support, whichever is less. The obligor may voluntarily increase the withheld amount up to the full amount of his unemployment benefits. Notwithstanding the foregoing, a court issuing or modifying an order for support may order that more than 20 percent of the obligor’s weekly benefit amount be withheld.
VI. When less than the full amount of a legal order of support is withheld from the obligor’s income, the difference shall accrue as arrears as long as the legal order of support remains in effect. Amounts withheld from income to satisfy support obligations shall be given the following priority by the employer, unless a court or administrative order directs otherwise:
(a) Current child and spousal support;
(b) Health insurance premiums or current cash medical support obligations;
(c) Arrearages; and
(d) Other child support obligations.