§ 458-B:4 — Amount Withheld

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 [Repealed.]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 RSA 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 RSA 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.

Legislative History

1985, 331:2. 1988, 234:4. 1989, 126:4. 1990, 139:7. 1991, 12:6. 1993, 287:6-8, 13, III. 1995, 310:175. 1997, 263:33. 2007, 227:2. 2010, 370:2, 3, eff. July 23, 2010.