New Hampshire Revised Statutes 458-B:5 – Notice to Obligor
Current as of: 2023 | Check for updates
|
Other versions
I. When support is payable through the department if income is not subject to immediate assignment under this chapter, including cases subject to a finding of good cause or to a written agreement, before notice of the income assignment may be given to an employer by the department, the obligor shall be given at least 15 days’ prior notice of the commencement of income withholding procedures under this chapter. The notice to the obligor shall include:
(a) The amount to be withheld.
(b) A statement that the withholding applies to any current or subsequent employment.
(c) The procedures for contesting withholding and that the only basis for contesting withholding is a mistake of fact.
(d) The period within which the obligor must contact the department in order to contest the assignment and that failure to notify the department within the specified time limit will result in the commencement of assignment procedures.
II. For orders issued or modified on or after October 1, 1985, when support is not payable through the department and income is not subject to immediate assignment under this chapter, including cases subject to a finding of good cause or to a written agreement, before an individual or a legal representative seeks to establish an income assignment payable directly to an obligee, notice must be given to the obligor at least 15 days prior to commencement of income assignment procedures under this chapter. The notice to the obligor shall include the notice provisions under subparagraphs (a), (b), and (c) of paragraph I and a notice of the period within which the obligor must give written notice to the obligee in order to contest the assignment.
III. The notice provisions under this section shall also apply in all cases when income assignment is to be increased to address arrearages, when the income assignment to be initiated includes current support and payment on arrears, and when amounts are to be withheld by the department from unemployment compensation.
(a) The amount to be withheld.
Terms Used In New Hampshire Revised Statutes 458-B:5
- 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
- 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
- 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
(b) A statement that the withholding applies to any current or subsequent employment.
(c) The procedures for contesting withholding and that the only basis for contesting withholding is a mistake of fact.
(d) The period within which the obligor must contact the department in order to contest the assignment and that failure to notify the department within the specified time limit will result in the commencement of assignment procedures.
II. For orders issued or modified on or after October 1, 1985, when support is not payable through the department and income is not subject to immediate assignment under this chapter, including cases subject to a finding of good cause or to a written agreement, before an individual or a legal representative seeks to establish an income assignment payable directly to an obligee, notice must be given to the obligor at least 15 days prior to commencement of income assignment procedures under this chapter. The notice to the obligor shall include the notice provisions under subparagraphs (a), (b), and (c) of paragraph I and a notice of the period within which the obligor must give written notice to the obligee in order to contest the assignment.
III. The notice provisions under this section shall also apply in all cases when income assignment is to be increased to address arrearages, when the income assignment to be initiated includes current support and payment on arrears, and when amounts are to be withheld by the department from unemployment compensation.