New Hampshire Revised Statutes 458-B:7 – Opportunity to Contest Assignment
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I. (a) In cases in which support is payable through the department, within 45 days from the date of the notice to the obligor required by N.H. Rev. Stat. § 458-B:5, the department shall:
(1) Provide to the obligor an opportunity to present his case to the department;
(2) Determine if the withholding will occur based on an evaluation of the facts; and
(3) Provide notice to the obligor of whether or not the withholding will occur, and if it is to occur, include in the notice the time when the withholding will begin and the information given to the employer in the notice required under N.H. Rev. Stat. § 458-B:6.
(b) If the obligor contests the withholding as provided in this section, the notice to the employer required under N.H. Rev. Stat. § 458-B:6 shall not be sent until a decision is made under subparagraph I(a)(2).
II. In cases not subject to immediate assignment under N.H. Rev. Stat. § 458-B:2, I and in which support is not payable through the department, and where an obligee is seeking to establish or implement an income assignment under this chapter, if an obligor contests assignment, a judicial determination must be made prior to initiating the income assignment.
III. Assignment may not be contested on the basis that a one-month arrearage does not exist at the time of a judicial or administrative hearing if such an arrearage existed at the time when the notice to the obligor was mailed or any time thereafter.
(1) Provide to the obligor an opportunity to present his case to the department;
Terms Used In New Hampshire Revised Statutes 458-B:7
- Arrearage: means the total amount of unpaid support which has accrued since the effective date of a legal order which stipulates a periodic support amount due, and shall include any amount of unreimbursed assistance accumulated prior to the issuance of the legal order of support. See New Hampshire Revised Statutes 458-B:1
- 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
(2) Determine if the withholding will occur based on an evaluation of the facts; and
(3) Provide notice to the obligor of whether or not the withholding will occur, and if it is to occur, include in the notice the time when the withholding will begin and the information given to the employer in the notice required under N.H. Rev. Stat. § 458-B:6.
(b) If the obligor contests the withholding as provided in this section, the notice to the employer required under N.H. Rev. Stat. § 458-B:6 shall not be sent until a decision is made under subparagraph I(a)(2).
II. In cases not subject to immediate assignment under N.H. Rev. Stat. § 458-B:2, I and in which support is not payable through the department, and where an obligee is seeking to establish or implement an income assignment under this chapter, if an obligor contests assignment, a judicial determination must be made prior to initiating the income assignment.
III. Assignment may not be contested on the basis that a one-month arrearage does not exist at the time of a judicial or administrative hearing if such an arrearage existed at the time when the notice to the obligor was mailed or any time thereafter.