§ 524:6-a — Periodic Payment of Judgments

New Hampshire § 524:6-a

• Jurisdiction: New Hampshire
• Title LIII: PROCEEDINGS IN COURT
• Ch. 524: JUDGMENTS

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I. Whenever judgment is rendered against any person in this state, the court in which the judgment is rendered shall either at the time of rendition of the judgment inquire of the defendant as to the defendant's ability to pay the judgment in full or, upon petition of the plaintiff after judgment, order the defendant to appear in court for such inquiry. The court may at either time order the defendant to make such periodic payments as the court in its discretion deems appropriate. If the court orders the defendant to make periodic payments at the time of rendition of judgment, the order shall not provide for payments to begin until after the appeal period has expired. Failure to make such periodic payments shall constitute civil contempt of court unless the judge, upon inquiry, finds that the failure was the result of a change in circumstances, or the failure was not intentional or in bad faith, or for other good cause. The court may order the appropriate agencies to make an investigation and recommendation as to the defendant's ability to pay the judgment. The judgment may be enforced against any property of any kind of the debtor, except such income and property as is now exempt from attachment or execution. Unless the parties otherwise agree, after an order for periodic payments has been issued by the court, no writ of execution shall be issued by the court without prior notice to the defendant.
II. Any income from a retirement plan or arrangement qualified for tax exemption purposes, as defined by RSA 511:2, XIX, shall be exempt from periodic payments up to the amount of 50 times the minimum hourly wage as established by the Fair Labor Standards Act, per week. If the defendant shares income and expenses with another person with whom he or she lives, and both people receive income from such a retirement plan or arrangement, any income from such a retirement plan or arrangement and belonging to either person shall be exempt from periodic payments up to the amount of 100 times the minimum hourly wage as established by the Fair Labor Standards Act, in total, per week.

Legislative History

1975, 143:1. 1977, 434:1. 1985, 325:3. 1996, 35:3. 2001, 238:1, eff. Jan. 1, 2002. 2009, 128:1, eff. June 29, 2009. 2014, 186:1, eff. Jan. 1, 2015.