§ 161-C:11 — Exemptions

I. Except as provided in paragraph II of this section, any property otherwise exempt from trustee process, attachment and execution shall be exempt from an order to withhold and deliver, administrative seizure and disposition, and lien and foreclosure. Insurance settlement payments for casualty loss to personal or real property and past or future medical treatment shall be exempt from this section. Reasonable attorney fees and expenses related to obtaining the insurance settlement or judgment shall be exempt from this section pursuant to RSA 311:13.
II. The following amounts shall be exempt from withholding and may be disbursed to the responsible parent whether such earnings are paid or to be paid weekly, monthly, or at other regular intervals and whether there be due the parent earnings for one week or for a longer period:
(a) If the responsible parent supports a second family, 50 percent of the parent's disposable earnings; provided, however, that if the arrearage is more than 12 weeks old, 45 percent of the parent's disposable earnings shall be exempt;
(b) If the responsible parent does not support a second family, 40 percent of the parent's disposable earnings; provided, however, that if the arrearage is more than 12 weeks old, 35 percent of the parent's disposable earnings shall be exempt.
III. Any lien or order to withhold and deliver served pursuant to this chapter shall continue to operate and require any person so served to withhold the nonexempt portion of earnings at each succeeding earnings disbursement interval until the entire amount of the support debt stated in the lien or order to withhold and deliver has been withheld.

Legislative History

1977, 589:1. 1985, 331:14. 2003, 280:2, eff. Sept. 16, 2003.