New Hampshire § 458-B:3 Department of Health and Human Services as Responsible Agency

New Hampshire Statutes

§ 458-B:3 — Department of Health and Human Services as Responsible Agency

New Hampshire·Title XLIII DOMESTIC RELATIONS·Ch. 458-B INCOME ASSIGNMENT

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. [Paragraph I-a effective January 1, 2026.] I-a. The circuit court family division shall develop a standard form, which may be an addendum to the child support calculation form, to be presented prior to the temporary hearing for waiving of garnishment of wages, with such form containing the following:

(a)The details of when garnishment of wages will become mandatory.

(b)Allowing for both parties to detail their preferred form of pay

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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.
[Paragraph I-a effective January 1, 2026.]
I-a. The circuit court family division shall develop a standard form, which may be an addendum to the child support calculation form, to be presented prior to the temporary hearing for waiving of garnishment of wages, with such form containing the following:
(a) The details of when garnishment of wages will become mandatory.
(b) Allowing for both parties to detail their preferred form of payment arrangement.
(c) Informing the payer that record keeping to prove payments in the event of a discrepancy is their responsibility.
(d) Informing the payee how to report missed payments by the payer.
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.

New Hampshire § 458-B:3 (Department of Health and Human Services as Responsible Agency) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

1985, 331:2. 1989, 126:2, 3. 1990, 139:4. 1991, 12:4, 5. 1993, 287:4, 5, 13, I, II. 1995, 310:165, 175, 183. 1997, 263:28; 263:33, 34, II, eff. Aug. 18, 1997. 2025, 110:2, eff. Jan. 1, 2026.