CHAPTER He-W 400  SUPPORT OF DEPENDENT CHILDREN

 

PART He-W 401  DEFINITIONS

 

          He-W 401.01  Definitions.

 

          (a)  “Annual” means the recurring one year period that coincides with the federal fiscal year, which begins on October 1 and ends on September 30.

 

          (b)  “Arrearage” means the total unpaid support which has accrued under a legal order which stipulates a periodic support amount due.

 

          (c)  “Assistance debt” means the amount of unreimbursed assistance that accrued prior to the issuance of a legal order which makes the payor liable for that debt.

 

          (d)  “Assistance expended” means the amount of financial aid provided to an individual under Title IV-A, Title IV-E, or Title XIX of the Social Security Act.

 

          (e)  “Assistance reimbursed” means payments disbursed to the state as reimbursement for assistance provided.

 

          (f)  “Child support monthly support obligation (CSMSO)” means the amount derived from multiplying the ordered child support obligation amount by the number of payment due dates during the month.

 

          (g)  “Conditionally assigned arrearages” means arrearages:

 

(1)  Which were temporarily assigned to the state prior to 10/01/2009 as a condition of eligibility for IV-A services, and became conditionally assigned to the state when the family stopped receiving IV-A services, thereby ending the temporary assignment; and

 

(2)  Are paid to the family unless they are collected through federal income tax refund offset, in which case the collected amount is retained by the state.

 

          (h)  “Current assistance case” means any child support case where the family is also receiving temporary assistance to needy families (TANF) benefits under Title IV-A of the Social Security Act or foster care provided under Title IV-E of the Social Security Act.

 

          (i)  “Debt type” means child support, spousal support, medical support, assistance debt, miscellaneous, or another state’s arrearages.

 

          (j)  “Disbursement” means the payment of money to a payee, individual, state, or other entity.

 

          (k)  “Distribution” means the allocation of receipts to obligations.

 

          (l)  “Family” means, for a child support case that is currently receiving TANF, the TANF casehead and all dependents included in that TANF case irrespective of the number of child support cases, or the payee for the individual member obligations, or the check recipient for the individual obligations.

 

          (m)  “Former assistance case” means any child support case where the family formerly received aid to families with dependent children (AFDC) or TANF benefits.

 

          (n)  “Futures” means money held by the department that either represents payment on the required support obligation(s) for future months and is applied to future months, or is non-distributable.

 

          (o)  “Medical support monthly support obligation (MSMSO)” means the amount derived from multiplying the ordered medical support obligation amount by the number of payment due dates during the month.

 

          (p)  “Never-assigned arrearages” means all arrearages in never-assistance cases, and in former assistance cases, those arrearages that accrue after the family’s most recent period of assistance ends.

 

          (q)  “Never-assistance case” means any child support case where the family has never received AFDC, TANF, or foster care IV-E benefits.

 

          (r)  “Non-distributable” means any received amount that remains after satisfying the monthly support obligation for the current month and all arrearages, for which no allocation obligation exists, and which is therefore refundable.

 

          (s)  “Non-IV-D case” means a case that is not being enforced by the division of child support services, is subject to an income assignment pursuant to RSA 458-B, and where ordered support payments are monitored, collected, and disbursed through the IV-D state disbursement unit.

 

          (t)  “Obligation” means any combination of case member and debt type as specified in a legally enforceable order to pay support.

 

          (u)  “Overpayment” means a disbursed support payment that becomes monies presumably owed to the State of New Hampshire as a result of:

 

(1)  A misdirected child support payment resulting from a posting error or distribution error;

 

(2)  An adjustment being made by the U.S. Department of Treasury to a previously filed tax return, reducing the refund, after the division collected support arrearages through the Federal Offset Program;

 

(3) A paying government entity, for example the Social Security Administration, requiring that the division return all or part of a payment; or

 

(4) A child support payment check that has been returned, or electronic payment reversed by the financial institution from which it was issued, for either insufficient funds, a closed account, stop-payment order, marked as “refer to maker” or other reason by the financial institution.

 

          (v)  “Payee” means:

 

(1)  The recipient of services under title IV-D of the Social Security Act in TANF and non-TANF IV-D cases, that is, the custodial parent or caretaker relative; or

 

(2)  In IV-D cases where the child is also receiving IV-E foster care services, the IV-E foster care agency, namely, the New Hampshire division for children, youth and families.

 

          (w)  “Payment type” means the classification of an obligation to a specific category, such as TANF, Medicaid-only, IV-E foster care, or non-TANF.

 

          (x)  Payor” means an individual who is obligated to make a support payment.

 

          (y)  “Permanently assigned arrearages” means those arrearages which are assigned to the department of health and human services under an assignment entered into prior to 10/1/1997, and all arrearages which accrue on or after 10/1/1997, while a family is receiving TANF benefits.

 

          (z)  “Recoupment” means the process of recovering from a payee a monetary loss arising from an overpayment.

 

          (aa)  “Recovery” means the process of recovering from a payor or an employer a monetary loss arising from an overpayment.

 

          (ab)  “Temporarily assigned arrearages” means the sum of never-assigned arrearages, unassigned pre-assistance arrearages, and unassigned during-assistance arrearages which was temporarily assigned to the department of health and human services before 10/01/2009, as a condition of eligibility for IV-A services.

 

          (ac)  “Title IV-A” means the joint federal-state program described in Title IV-A of the Social Security Act, “Block Grants to States for Temporary Assistance for Needy Families,” and administered in New Hampshire by the division of family assistance.

 

          (ad)  “Title IV-D” means the joint federal-state program described in Title IV-D of the Social Security Act, “Child Support and Establishment of Paternity,” and administered in New Hampshire by the division of child support services.

 

          (ae)  “Title IV-E” means the joint federal-state program described in Title IV-E of the Social Security Act, “Federal Payments for Foster Care and Adoption Assistance,” and administered in New Hampshire by the division for children, youth and families.

 

          (af)  “Title XIX” means the joint federal-state program described in Title XIX of the Social Security Act, “Grants to States for Medical Assistance Programs,” and administered in New Hampshire under the medicaid program.

 

          (ag)  “Total arrearages” means the sum of the difference between life-to-date owed and life-to-date paid for each obligation.

 

          (ah)  “Unassigned arrearages” means all arrearages except permanently or temporarily assigned arrearages.

 

          (ai)  “Unassigned during-assistance arrearages” means all previously assigned arrearages which exceed the cumulative amount of unreimbursed assistance when the family leaves the assistance program and which accrued during the receipt of assistance.

 

          (aj)  “Unassigned pre-assistance arrearages” means all previously assigned arrearages which exceed the cumulative amount of unreimbursed assistance when the family leaves the assistance program and which accrued prior to the receipt of assistance.

 

          (ak)  “Unreimbursed assistance (URA)” means the difference between the AFDC and/or TANF or IV-E foster care assistance expended and assistance reimbursed.

 

Source. #2396, eff 6-30-83; amd by #2437, eff 8-1-83; ss by #2920, eff 12-4-84, EXPIRED: 12-4-90

 

New.  #9206, eff 7-19-08; ss by #9549, eff 10-1-09; ss by #10677, eff 9-26-14

 

PART He-W 402  ESTABLISHING PATERNITY - EXPIRED

 

Source. #2396, eff 6-30-83; ss by #2920, eff 12-4-84, EXPIRED: 12-4-90

 

PART He-W 403  DISTRIBUTION AND DISBURSEMENT OF SUPPORT PAYMENTS

 

          He-W 403.01  Distribution.

 

          (a)  In TANF cases, child support payment amounts received shall be distributed in the following order:

 

(1)  To satisfy the child support monthly support obligation (CSMSO), amounts shall be retained by the state as reimbursement for the assistance expended for the month; 

 

(2)  Portions of the CSMSO that exceed the assistance expended for the month shall be distributed in the following order:

 

a.  Retained by the state as assistance reimbursed, up to the amount of unreimbursed assistance (URA); and

 

b.  Paid to the family when the URA is satisfied;

 

(3)  Amounts collected in excess of the CSMSO, up to the amount of URA, shall be retained by the state to reduce temporarily assigned arrearages;

 

(4)  Amounts collected in excess of temporarily assigned arrearages, up to the amount of URA, shall be retained by the state and applied to reduce permanently assigned arrearages;

 

(5)  Amounts collected in excess of permanently assigned arrearages shall be applied to reduce conditionally assigned arrearages, as follows:

 

a.  Amounts received through federal tax intercept, up to the amount of URA, shall be retained by the state; and

 

b.  Amounts not received through federal tax intercept shall be paid to the payee;

 

(6)  Amounts collected in excess of conditionally assigned arrearages, up to the amount of URA, shall be retained by the state and applied to reduce IV-E foster care arrearages;

 

(7)  Amounts collected in excess of IV-E foster care arrearages shall be paid to the payee and applied to reduce never-assigned arrearages;

 

(8)  Amounts collected in excess of never-assigned arrearages shall be paid to the payee and applied to reduce unassigned pre-assistance arrearages;

 

(9)  Amounts collected in excess of unassigned pre-assistance arrearages shall be paid to the payee and applied to reduce unassigned during assistance arrearages; and

 

(10)  Amounts collected in excess of all arrearages shall be held as futures.

 

          (b)  In IV-E foster care cases, child support amounts received shall be distributed in the following order:

 

(1)  To satisfy the CSMSO, amounts collected up to the IV-E assistance expended for the month, but less than the CSMSO, shall be retained by the state as reimbursement for the IV-E assistance expended for the month;

 

(2)  Amounts collected above the IV-E assistance expended for the month, but less than the CSMSO, shall be retained by the state and applied to reduce the URA;

 

(3)  Amounts collected in excess of the CSMSO, up to the amount of URA, shall be retained by the state and applied to reduce IV-E foster care arrearages;

 

(4)  Amounts collected in excess of foster care arrearages, up to the amount of URA, shall be retained by the state and applied to reduce permanently assigned arrearages;

 

(5)  Amounts collected in excess of permanently assigned arrearages shall be applied to reduce conditionally assigned arrearages, as follows: 

 

a.  Amounts received through federal tax intercept, up to the amount of URA, shall be retained by the state; and

 

b.  Amounts not received through federal tax intercept shall be paid to the payee;

 

(6)  Amounts collected in excess of conditionally assigned arrearages shall be paid to the payee and applied to reduce never-assigned arrearages;

 

(7)  Amounts collected in excess of never-assigned arrearages shall be paid to the payee and applied to reduce unassigned pre-assistance arrearages;

 

(8)  Amounts collected in excess of unassigned pre-assistance arrearages shall be paid to the payee and applied to reduce unassigned during-assistance arrearages; and

 

(9)  Amounts collected in excess of all arrearages shall be held as futures.

 

          (c)  In former assistance cases, child support amounts received shall be distributed as follows:

 

(1)  To satisfy the CSMSO, amounts applied to the CSMSO shall be paid to the payee;

 

(2)  Amounts collected in excess of the CSMSO shall be paid to the payee and applied to reduce never-assigned arrearages;

 

(3)  Amounts collected in excess of never-assigned arrearages shall be paid to the payee and applied to reduce unassigned pre-assistance arrearages;

 

(4)  Amounts collected in excess of unassigned pre-assistance arrearages shall be applied to reduce conditionally assigned arrearages, as follows:

 

a.  Amounts received through federal tax intercept, up to the amount of URA, shall be retained by the state; and

 

b. Amounts not received through federal tax intercept shall be paid to the payee;

 

(5)  Amounts collected in excess of conditionally assigned arrearages shall be retained by the state, up to the amount of URA, and applied to reduce permanently assigned arrearages;

 

(6)  Amounts collected in excess of permanently assigned arrearages, up to the amount of URA, shall be retained by the state and applied to reduce IV-E foster care arrearages;

 

(7)  Amounts collected in excess of IV-E foster care arrearages shall be paid to the payee and applied to reduce unassigned during-assistance arrears; and

 

(8)  Amounts collected in excess of all arrearages shall be held as futures.

 

          (d)  In never-assistance cases, child support amounts received shall be distributed as follows:

 

(1)  To satisfy the CSMSO, amounts applied to the CSMSO shall be paid to the payee;

 

(2)  Amounts collected in excess of the CSMSO shall be paid to the payee and applied to reduce never-assigned arrearages; and

 

(3)  Amounts collected in excess of all arrearages shall be held as futures.

 

          (e)  In TANF, medicaid, and foster care cases, medical support payment amounts shall be distributed in the following order:

 

(1)  To satisfy the medical support monthly support obligation (MSMSO), amounts up to the MSMSO shall be retained by the state as reimbursement for the medical assistance expended for the month;

 

(2)  Amounts collected in excess of the MSMSO shall be retained by the state and applied to reduce permanently assigned arrearages;

 

(3)  Amounts collected in excess of permanently assigned arrearages shall be paid to the payee and applied to reduce never-assigned arrearages; and

 

(4)  Amounts collected in excess of all arrearages shall be held as futures.

 

          (f)  In never-assistance and former assistance cases, medical support payment amounts shall be distributed in the following order:

 

(1)  To satisfy the medical support monthly support obligation (MSMSO), amounts applied to the MSMSO shall be paid to the payee;

 

(2)  Amounts collected in excess of the MSMSO shall be paid to the payee and applied to reduce never-assigned arrearages;

 

(3)  Amounts collected in excess of never-assigned arrearages shall be retained by the state and applied to reduce permanently assigned arrearages; and

 

(4)  Amounts collected in excess of all arrearages shall be held as futures.

 

          (g)  In all cases:

 

(1)  Payments shall be distributed consistently and in the sequence outlined in He-W 403.01(a)-(f) above, based on payment type, payment due dates and arrearages;

 

(2)  If a payor has multiple obligations within a case, payments received shall be allocated proportionally among the payor’s obligations;

 

(3)  If a payor who is in multiple cases makes a payment without specifying that the payment is for a specific case, the payment shall be allocated proportionally among all the payor’s obligations and arrearages, and distributed for each case according to case type;

 

(4)  If a payment adjustment is made to a case, distribution shall be based on the payee’s case type at the time the adjustment is made; and

 

(5)  Payments received prior to the establishment of a legal obligation shall be:

 

a.  Counted as assistance reimbursed, thereby reducing URA;

 

b.  Distributed at case/payor level and affect no other payor balances; and

 

c.  Disbursed normally based on case type.

 

Source. #2671, eff 4-13-84; ss by #2920, eff 12-4-84, EXPIRED: 12-4-90

 

New.  #5090, eff 3-11-91; amd by #6390, INTERIM, eff 12-1-96; amd by #6446, eff 2-1-96; ss by #6465, INTERIM, eff 3-10-97, EXPIRES: 7-8-97; ss by #6537, eff 7-8-97; amd by #6600, INTERIM, eff 10-8-97, EXPIRES: 2-5-98; ss by #6707, eff 3-3-98; ss by #7125, eff 11-1-99; ss by#9020, eff 11-1-07; renumbered by #9206 (formerly He-W 403.02); ss by #9549, eff 10-1-09; ss by #10677, eff 9-26-14

 

          He-W 403.02  Disbursement.

 

          (a)  All child support payments shall be disbursed by the state disbursement unit (SDU) to a debit card account provided to payees.

 

          (b)  Use of the child support debit card shall be subject to the  transaction fees as detailed in the informational enrollment package sent to payees by the department.

 

          (c)  Payees may submit a written request to the address in (d) below to:

 

(1)  Elect to receive direct deposit into their checking or savings accounts;

 

(2)  Request payment by paper check due to qualifying for a hardship exemption, as described in (h) below; or

 

(3)  Subsequently change their payment method.

 

          (d)  Payees shall mail written requests to:

 

State Disbursement Unit

P.O. Box 9504

Manchester, NH 03108.

 

          (e)  Payees electing payment by direct deposit or requesting payment by paper check shall submit their written request to the SDU within 30 days of receipt of the enrollment notice to avoid issuance of a debit card.

 

          (f)  Payees electing payment by direct deposit shall provide the SDU with a voided check or letter from the payee’s bank stating the payee’s bank account number and routing number.

 

          (g)  Payees requesting payment by paper check shall indicate in their written request the hardship exemption reason preventing them from accessing an electronically transferred payment.

 

          (h)  A hardship exemption shall be accepted if:

 

(1)  A physical or other disability imposes a hardship for the payee in accessing an electronically transferred payment;

 

(2)  A language or literacy barrier imposes a hardship for the payee in accessing an electronically transferred payment;

 

(3)  The payee lives and works more than 5 miles from an automated teller machine and more than 5 miles from a financial institution where the funds may be accessed; or

 

(4)  Other individual circumstances exist that impose a hardship for the payee in accessing an electronically transferred payment.

 

          (i)  Intercepted federal tax refunds made to satisfy a non-IV-A debt that are associated with a joint tax return shall be held for a period of 6 months, or until the department of health and human services is notified by the secretary of the United States treasury that the unobligated spouse’s proper share of the refund has been paid, whichever is earlier.

 

Source. #2671, eff 4-13-84; ss by #2920, eff 12-4-84, EXPIRED: 12-4-90

 

New.  #5090, eff 3-11-91; ss by #6465, INTERIM, eff 3-10-97, EXPIRES: 7-8-97; ss by #6537, eff 7-8-97; ss by #6707, eff 3-3-98; ss by #7125, eff 11-1-99; ss by#9020, eff 11-1-07; renumbered by #9206 (formerly He-W 403.03); ss by #9663, eff 5-1-10; amd by #10467, eff 11-26-13; ss by #12585, eff 7-24-18

 

          He-W 403.03  Recoupment of Overpayments.

 

          (a)  Upon application for child support services, child support payees shall indicate on Form DCSS s725, “Application for Child Support Services,” (November 2014), whether or not they authorize DCSS to recoup overpayments by withholding a percentage of future child support payments, as described in paragraph (b) below, that are collected on their behalf until the overpayment is repaid. 

 

          (b)  When an overpayment occurs, DCSS shall initiate withholding of 20% of future child support payments if the payee has checked the applicable box on Form DCSS s725, or had  completed Form DCSS s152, “Important Notice Regarding Overpayment of Child Support,” (July 2006), authorizing such withholding to recoup the overpayment.  When the overpayment occurs from a federal tax offset adjustment, the rate of withholding of future child support payments shall be 50%.  Prior to withholding, DCSS shall provide the payee with Form DCSS 153, “Notice of Overpayment of Child Support,” (November 2014).

 

          (c)  DCSS shall inform the payee that the overpayment may be repaid by sending a check or money order for the full amount of the overpayment to DCSS.

 

          (d)  If the payee has not authorized withholding of future child support payments by checking the box on Form DCSS s725, or did not complete Form DCSS s152 when it was in use, DCSS shall provide the payee with Form DCSS 621A, “Notice of Overpayment of Child Support and Request for Repayment,”(November 2014).

 

          (e)  The payee shall complete, sign and return the Repayment Agreement section of Form DCSS 621A selecting an agreement to either:

 

(1)  Repay the full overpayment amount within 30 days; or

 

(2)  Let DCSS keep 20% of all future child support collected until the overpayment is repaid to DCSS.  If the overpayment occurred from a federal tax offset adjustment, the rate of withholding of future child support payments shall be 50% until the overpayment is repaid to DCSS.

 

          (f)  If the payee returns the Repayment Agreement section of Form DCSS 621A authorizing withholding of child support payments, DCSS shall initiate the authorized withholding.

 

          (g)  If the payee does not return the Repayment Agreement section of Form DCSS 621A within 10 days of the date the form was mailed to the payee, DCSS shall provide the payee with Form DCSS 621B, “Second Notice of Overpayment of Child Support and Request for Repayment,” (November 2014).

 

          (h)  The payee shall complete, sign and return the Repayment Agreement section of Form DCSS 621B selecting an agreement to either:

 

(1)  Repay the full overpayment amount within 20 days; or

 

(2)  Let DCSS keep 20% of all future child support collected until the overpayment is repaid to DCSS.  If the overpayment occurred from a federal tax offset adjustment, the rate of withholding of future child support payments shall be 50% until the overpayment is repaid to DCSS.

 

          (i)  If the payee returns the Repayment Agreement section of Form DCSS 621B authorizing withholding of child support payments, DCSS shall initiate the authorized withholding.

 

          (j)  If the payee does not return the Repayment Agreement section of Form 621B within 10 days of the date the form was mailed to the payee, DCSS shall provide the payee with Form DCSS 621C, “Final Notice of Overpayment of Child Support and Request for Repayment,” (November 2014).

 

          (k)  The payee shall complete, sign and return the Repayment Agreement section of form DCSS 621C selecting an agreement to either:

 

(1)  Repay the full overpayment amount with 10 days; or

 

(2)  Let DCSS keep 20% of all future child support collected until the overpayment is repaid to DCSS. If the overpayment occurred from a federal tax offset adjustment, the rate of withholding of future child support payments shall be 50%, until the overpayment is repaid to DCSS.

 

        (l)  If the payee returns the Repayment Agreement section of Form DCSS 621C authorizing withholding of child support payments, DCSS shall initiate the authorized withholding.

 

          (m)  If the payee does not return the Repayment Agreement section of Form DCSS 621C within 10 days of the date the form was mailed to the payee, or does not notify DCSS verbally or in writing that the payee does not authorize the withholding of support payments, then permission to recoup the overpayment by withholding child support payments shall be assumed.

 

          (n)  Once initiated, withholding of child support payments shall continue until the overpayment is fully recouped.

 

Source.  #5341, eff 3-3-92; EXPIRED: 3-3-98

 

New.  #6741, eff 4-28-98, EXPIRED: 4-28-06; ss by #8602, INTERIM, eff 4-28-06, EXPIRES: 10-25-06; ss by #8685, eff 7-21-06; amd and renumbered by #9206, eff 7-19-08 (former paragraph (a) deleted) (formerly He-W 403.04); ss by #10467, eff 11-26-13; ss by #10760, eff 1-19-15

 

          He-W 403.04  Recovery of Payments for Returned Child Support Payment Checks and Reversed Electronic Payments Made by a Payor.

 

          (a)  Upon discovering that a payor’s child support payment check has been returned, or that electronic payment has been reversed by the financial institution from which it was issued, for either insufficient funds, a closed account, stop-payment order, marked as “refer to maker,” or any other reason, DCSS shall provide the payor with Form DCSS 149A, “Notice of Returned Check and Demand for Repayment,” (November 2014).

 

          (b)  If the payor fails to replace the returned check or reversed electronic payment by bank check or money order and send payment and the “Returned Check Repayment Coupon,” provided on the Form DCSS 149A within 10 calendar days of the date on Form DCSS 149A, DCSS shall provide the payor with Form DCSS 149B, “Second Notice of Returned Check and Demand for Repayment,” (November 2014).

 

          (c)  In order to receive credit for a recovery payment on the debt owed to the state, the payor shall submit to DCSS the recovery payment by bank check or money order with the “Returned Check Repayment Coupon” provided on Form DCSS 149A or Form DCSS 149B. 

 

          (d)  A recovery payment submitted by personal check without the “Returned Check Repayment Coupon” shall not be accepted as a recovery payment and shall be returned to the payor.

 

          (e)  Payments for returned checks that are submitted by bank check or money order without the “Returned Check Repayment Coupon” shall be processed as a regular child support payment pursuant to He-W 403.01 and He-W 403.02, and shall not be credited as a recovery payment of the returned check or electronic reversal.

 

          (f)  Upon receipt of a partial recovery payment of a returned check or electronic reversal, DCSS shall provide the payor with Form DCSS 150, “Notice of Receipt of Partial Repayment of Returned Check,” (November 2014).

 

          (g)  Upon receipt of repayment in full of the returned check or electronic payment, DCSS shall provide the payor with Form DCSS 155 “Acknowledgement of Repayment in Full,” (November 2014). 

 

          (h)  If full recovery payment is not received by DCSS within 14 days of the date on either Form DCSS 149B “Second Notice of Returned Check and Demand for Repayment,” or Form DCSS 150 “Notice of Receipt of Partial Repayment of Returned Check,” then DCSS shall file with the appropriate court to establish a legal order against the payor for the debt.

 

          (i)  If full recovery payment is not received by DCSS within 14 days of the date on either Form DCSS 149B “Second Notice of Returned Check and Demand for Repayment,” or Form DCSS 150 “Notice of Receipt of Partial Repayment of Returned Check,” then DCSS shall refer the payor’s case to the appropriate law enforcement agency for investigation and possible criminal prosecution.

 

          (j)  DCSS shall continue to accept the payor’s child support payments by check or electronic transfer if full recovery payment is received by DCSS within 10 calendar days of the date on Form DCSS 149A, “Notice of Returned Check and Demand for Repayment,” using the provided “Returned Check Repayment Coupon” and either:

 

(1)  The payor provides evidence the check was returned or electronic payment reversed due to an error by the financial institution or other circumstances beyond the check issuer’s control; or

 

(2)  No other child support payments received by DCSS from the check issuer in the preceding year have been returned or electronically reversed.

 

          (k)  If the payor fails to replace the returned check or reversed electronic payment in full to DCSS within 10 calendar days of the date on Form DCSS 149A, “Notice of Returned Check and Demand for Repayment,” the payor shall be required to pay by bank check or money order until the following conditions have been met, at which time the payor may pay support by personal check or electronic payment:

 

(1)  A minimum of one calendar year has gone by beginning 10 days from the date of Form DCSS 149A, “Notice of Returned Check and Demand for Repayment;”

 

(2)  DCSS has received full recovery payment for the returned check or electronic reversal; and

 

(3)  The payor has been in compliance with the legal order for support during the one year period described in (1) above.

 

Source.  #8685, eff 7-21-06; renumbered by #9206 (formerly He-W 403.05); ss by #10639, INTERIM, eff 7-21-14, EXPIRES: 1-19-15; ss by #10760, eff 1-19-15

 

          He-W 403.05  Recovery of Payments for Returned Child Support Payment Checks and Reversed Electronic Payments Made by an Employer.

 

          (a)  Upon discovering that a child support payment check submitted by an employer pursuant to RSA 458-B has been returned, or that an electronic payment has been reversed by the financial institution from which it was issued, for either insufficient funds, a closed account, stop-payment order, marked as “refer to maker,” or any other reason DCSS shall provide the employer with Form DCSS 149C, “Notice of Returned Check and Demand for Repayment,” (November 2014). DCSS shall provide the payor with a copy of Form DCSS 149C.

 

          (b)  If the employer fails to replace the returned check or reversed electronic payment by bank check or money order and the “Returned Check Repayment Coupon,” provided on Form DCSS 149C within 10 calendar days of the date on Form 149C, DCSS shall provide the employer with Form DCSS 149D, “Second Notice of Returned Check and Demand for Repayment,” (November 2014).

 

          (c)  In order to receive credit for a recovery payment on the debt owed to the state, the employer shall submit the recovery payment with the “Returned Check Repayment Coupon” provided on Form DCSS 149C or Form DCSS 149D.

 

          (d)  A recovery payment submitted by personal or business check without the “Returned Check Repayment Coupon” shall not be accepted as a recovery payment and shall be returned to the employer.

 

          (e)  Recovery payments for returned checks that are submitted by bank check or money order without a provided “Returned Check Repayment Coupon” shall be processed as a regular child support payment pursuant to He-W 403.01 and He-W 403.02, and shall not be credited as a recovery payment of the returned check or electronic reversal.

 

          (f)  Upon receipt of a partial recovery payment of a returned check or electronic reversal, DCSS shall provide the employer with Form DCSS 150, “Notice of Receipt of Partial Repayment of Returned Check,” (November 2014). 

 

          (g) Upon receipt of repayment in full of the returned check or electronic payment, DCSS shall provide the employer with Form DCSS 155 “Acknowledgement of Repayment in Full,” (November 2014).

 

          (h)  If full recovery payment is not received by DCSS within 14 days of the date on Form DCSS 149D “Second Notice of Returned Check and Demand for Repayment,” or Form DCSS 150 “Notice of Receipt of Partial Repayment of Returned Check,” DCSS shall file with the appropriate court to establish a legal order against the payor for the debt.

 

          (i)  If full recovery payment is not received, and the statute of limitations provided in the NH Criminal Code has not expired, DCSS shall refer the payor’s case to the appropriate law enforcement agency for investigation and possible criminal prosecution.

 

          (j)  DCSS shall continue to accept the employer’s child support payments by check or electronic transfer if full recovery payment is received by DCSS within 10 calendar days of the date on Form DCSS 149C “Notice of Returned Check and Demand for Repayment,” using the provided “Returned Check Repayment Coupon” and either:

 

(1)  The employer provides evidence that the check was returned or electronic payment was reversed due to an error by the financial institution or other circumstances beyond the check issuer’s control; or

 

(2)  No other child support payments received by DCSS from the employer in the preceding year have been returned or electronically reversed.

 

          (k)  If the employer fails to replace the returned check or reversed electronic payment in full to DCSS within 10 calendar days of the date on Form DCSS 149C, “Notice of Returned Check and Demand for Repayment,” the employer shall be required to pay by bank check or money order until the following conditions have been met, after which time the employer may pay support by business check or electronic payment:

 

(1)  A minimum of one calendar year has gone by beginning 10 days from the date of Form DCSS 149C, “Notice of Returned Check and Demand for Repayment;” and

 

(2)  DCSS has received full recovery payment for the returned check or electronic reversal.

 

Source.  #8685, eff 7-21-06; renumbered by #9206 (formerly He-W 403.06); ss by #10639, INTERIM, eff 7-21-14, EXPIRES: 1-19-15; ss by #10760, eff 1-19-15

 

          He-W 403.06  Recovery of Payments Resulting from an Adjusted Federal Tax Return.

 

          (a)  Whenever the federal Internal Revenue Service (IRS) requires DCSS to return all or part of a tax refund that was intercepted through the federal offset program, DCSS shall recover the amount returned to the IRS as follows:

 

(1)  In cases where a portion of a payor’s intercepted federal tax refund remained after applying the intercepted amount to all certified arrearages, and the remaining balance of the refund was sent to the payor upon request, DCSS shall provide the payor with Form DCSS 154, “Notice of Adjusted Tax Return and Demand for Repayment,” (November 2014);

 

(2)  In order to receive credit for repayment of the debt amount, the payor shall return the payment with the “Adjusted Tax Refund Intercept Repayment Coupon” provided on Form DCSS 154;

 

(3)  Payments that are submitted without an adjusted tax refund intercept repayment coupon shall be processed as a regular child support payment, and shall not be credited as a repayment of the debt amount;

 

(4)  If full recovery payment is not received by DCSS within 14 days of the date on Form DCSS 154 “Notice of Adjusted Tax Return and Demand for Repayment,” DCSS shall file with the appropriate court to establish a legal order against the payor for the debt; and

 

(5)  In cases where the intercepted tax refund was disbursed to a payee, the recoupment process described in He-W 403.03 shall be used to recover the debt amount.

 

Source.  #8685, eff 7-21-06; renumbered by #9206 (formerly He-W 403.07); ss by #10467, eff 11-26-13; ss by #10760, eff 1-19-15

 

          He-W 403.07  Appeals and Review Process.

 

          (a)  An individual against whom recovery action pursuant to section He-W 403.04 and He-W 403.05 has been initiated, may request an administrative appeal only on the basis of mistake of fact, which includes but is not limited to:

 

(1)  The individual is not the right person; or

 

(2)  The individual’s child support payment was not returned or electronically reversed.

 

          (b)  An individual subject to recoupment or recovery action pursuant to sections He-W 403.03 or He-W 403.06, may request an administrative appeal only on the basis of mistake of fact, or a substantial change of circumstance resulting in economic hardship, which includes but is not limited to:

 

(1)  The individual is not the right person;

 

(2)  The individual payee did not authorize withholding of future child support payments exclusively pursuant to He-W 403.03 (a) or (b); or

 

(3)  The individual claims a substantial change in circumstance resulting in economic hardship.

 

          (c)  There shall be 2 levels of administrative appeal:

 

(1)  Supervisory review; and

 

(2)  Administrative hearing.

 

          (d)  An individual may seek judicial review in the court of appropriate jurisdiction when he or she seeks to:

 

(1)  Modify or amend a legal obligation of support;

 

(2)  Amend the legal obligation of support, support order, or administrative determination of support responsibility made by another state; or

 

(3)  Appeal the results of a final administrative hearing decision.

 

          (e)  A supervisory review shall:

 

(1)  Be requested from DCSS within 30 days of the date on the respective notice of recovery action, Form DCSS 149A or Form DCSS 149C;

 

(2)  Be requested from DCSS within 20 days of the date on the respective notice of recovery action, Form DCSS 149B or Form DCSS 149D; and

 

(3)  Consist of a face-to-face meeting between the individual and the district office supervisor for the purpose of determining if there has been a mistake of fact pursuant to He-W 403.07(a) (1)-(2), and if there has been a mistake of fact or substantial change in circumstances pursuant to He-W 403.07(b)(1-3).

 

          (f)  An individual who is dissatisfied with the results of a supervisory review may file an appeal to request an administrative hearing pursuant to He-C 200.

 

          (g)  An individual shall request an administrative hearing within 30 days of the date on the finding issued as a result of the supervisory review.

 

          (h)  An individual who is dissatisfied with the results of an administrative hearing may appeal the final administrative hearing decision to the appropriate New Hampshire court.

 

Source.  #8685, eff 7-21-06; renumbered by #9206 (formerly He-W 403.08); ss by #10639, INTERIM, eff 7-21-14, EXPIRES: 1-19-15; ss by #10760, eff 1-19-15

 

PART He-W 404  NEW HAMPSHIRE LOTTERY INTERCEPT FOR COLLECTION OF CHILD SUPPORT ARREARS

 

          He-W 404.01  Identification, Confirmation, and Interception of Child Support Arrearages.

 

          (a)  Pursuant to RSA 284:21-v, the New Hampshire lottery commission (NHLC), shall intercept lottery prizes controlled by NHLC from prize winners who have child support arrearages in cases for which the New Hampshire division of child support services (DCSS) is responsible.

 

(b)  DCSS shall provide verbal confirmation to NHLC of the following:

 

(1)  That a lottery prize winner has a child support case;

 

(2)  Whether the prize winner has a child support arrearage; and

 

(3)  The amount of any arrearage.

 

          (c)  DCSS shall provide written confirmation to NHLC by form w743, “Confirmation of Child Support Arrearage,” of the individual who has a child support arrearage.

 

          (d)  NHLC shall complete and provide to each individual whose lottery prize has been intercepted DCSS form w742, “Notice of Intercept of Lottery Winnings for Child Support,” (edition 03/14) using information provided by DCSS in form w743.

 

          (e)  The amount intercepted shall be the amount of the child support arrearage or the full amount of the prize, whichever is less.

 

Source.  #6393, eff 12-4-96, EXPIRED: 12-04-04

 

New.  #8416, INTERIM, eff 8-23-05, EXPIRES: 2-19-06; ss by #8541, eff 2-20-06; renumbered by #9206 (formerly He-W 404.02); ss by #10645, eff 7-22-14

 

          He-W 404.02  Appeal Process.

 

          (a)  An individual whose lottery prize has been intercepted may request a formal appeal only on the basis of a mistake in fact, which includes, but is not limited to:

 

(1)  The individual whose prize was intercepted is not the right person;

 

(2)  The individual does not have a child support arrearage; or

 

(3)  The amount intercepted was not correct.

 

          (b)  There shall be 3 levels of appeal, as follows:

 

(1)  Supervisory review;

 

(2)  Administrative hearing; and

 

(3)  Judicial review.

 

          (c)  An individual whose lottery prize has been intercepted shall exhaust each level of appeal according to the sequence given in (b) above before proceeding to the next higher level.

 

          (d)  A supervisory review shall:

 

(1)  Be requested from DCSS within 15 days of the date on form w742; and

 

(2)  Consist of a face-to-face meeting between the individual and the district office supervisor for the purpose of determining if there has been a mistake of fact pursuant to He-W 404.02(a)(1)–(3).

 

          (e)  An individual who is dissatisfied with the results of a supervisory review may request an administrative hearing pursuant to He-C 200.

 

          (f)  An individual shall request an administrative hearing within 30 days of the date on the finding issued as a result of the supervisory review.

 

          (g)  An individual who is dissatisfied with the results of an administrative hearing may appeal the administrative hearing decision to the New Hampshire Superior Court, pursuant to He-W 410.01(f).

 

Source.  #6393, eff 12-4-96, EXPIRED: 12-04-04

 

New.  #8416, INTERIM, eff 8-23-05, EXPIRES: 2-19-06; ss by #8541, eff 2-20-06; renumbered by #9206 (formerly He-W 404.03); ss by #10645, eff 7-22-14; amd by #12611, eff 8-23-18

 

          He-W 404.03  Distribution of Intercepted Lottery Prizes.  Intercepted amounts shall be distributed in accordance with He-W 403.

 

Source.  #6393, eff 12-4-96, EXPIRED: 12-04-04

 

New.  #8416, INTERIM, eff 8-23-05, EXPIRES: 2-19-06; ss by #8541, eff 2-20-06; renumbered by #9206 (formerly He-W 404.04); ss by #10645, eff 7-22-14

 

          He-W 404.04  Refund of Erroneously Intercepted Lottery Prizes.  DCSS shall refund any portion of intercepted lottery winnings that a DCSS supervisory review, administrative hearing or judicial review determines was erroneously withheld from a prize winner.

 

Source.  #6393, eff 12-4-96, EXPIRED: 12-04-04

 

New.  #8416, INTERIM, eff 8-23-05, EXPIRES: 2-19-06; ss by #8541 eff 2-20-06; renumbered by #9206 (formerly He-W 404.05); ss by #10645, eff 7-22-14

 

PART He-W 405  FEES

 

          He-W 405.01  Annual Fee for Services.

 

          (a)  In all never-assistance cases where DCSS has collected and disbursed at least $550.00 of support, DCSS shall impose an annual fee of $35.00 pursuant to RSA 161-B:3, IV.

 

          (b)  The fee shall be retained by DCSS from the support collected on behalf of the payee, but not from the first $550.00 so collected.

 

          (c)  DCSS shall distribute to the payee the portion of the amount so collected that remains after withholding the fee in accordance with He-W 403.01.

 

          (d)  In all cases where the annual fee is retained from a support collection, the payor’s child support account shall be credited for the entire amount of the collected support payment.

 

Source.  #9029, eff 11-17-07; renumbered by #9206 (formerly He-W 405.02); ss by #10955, eff 10-22-15; amd by #12612, eff 8-23-18

 

          He-W 405.02  Child Support Disbursement Fee. -  REPEALED

 

Source.  #9759, eff 8-1-10; amd by #9925, eff 7-1-11; rpld by #12551, eff 6-20-18

 

PART He-W 406  MANDATORY WAGE ASSIGNMENT - EXPIRED

 

Source.  #2156, eff 10-18-82; amd by #2396, eff 6-30-83; ss by #2920, eff 12-4-84, EXPIRED: 12-4-90

 

PART He-W 407  ADMINISTRATIVE HEARINGS PROCESS - EXPIRED

 

Source. #2396, eff 6-30-83; ss by #2920, eff 12-4-84, EXPIRED: 12-4-90

 

PART He-W 408  CASE INITIATION

 

          He-W 408.01  Prioritization of Child Support Cases.

 

          (a)  A11 child support cases shall be assigned a priority number from one, which shall be the highest priority, to 3, which shall be the lowest priority.

 

          (b)  The priority number assigned to a case shall be based upon the following criteria:

 

(1)  A case shall be assigned priority one status when the DCSS has the following minimum information to initiate paternity, support order establishment or support order enforcement action:

 

a.  The absent parent's name; and

 

b.  The absent parent's current address and/or the name and address of the absent parent's current employer;

 

(2)  A case shall be assigned priority 2 status when DCSS does not have all the information required in (1) above, but has the following minimum information to initiate locate action:

 

a.  The absent parent's name; and

 

b.  The absent parent's social security number and/or date of birth; and

 

(3)  A case shall be assigned priority 3 status when DCSS cannot take any actions because:

 

a.  The absent parent is receiving temporary assistance to needy families (TANF);

 

b.  The absent parent is incarcerated and paternity has already been established; or

 

c.  There is not enough information in the case record to take any required action.

 

          (c)  When a case is assigned priority 2 status, DCSS shall only take action to locate the absent parent.

 

          (d)  Whenever case circumstances change and new information is received for a child support case, the priority status of that case shall be reassessed and, if warranted by the reassessment, a new priority number shall be assigned.

 

Source.  #5743, eff 11-24-93; ss by #7137, INTERIM, eff 11-24-99, EXPIRED: 3-23-00

 

New.  #7244, eff 4-27-00, EXPIRED: 4-27-08

 

New.  #9206, eff 7-19-08, EXPIRED: 7-19-16

 

PART He-W 409  CLOSURE OF CHILD SUPPORT CASES

 

          He-W 409.01  Criteria for Case Closure.

 

          (a)  In addition to cases meeting closure criteria defined in RSA 161-B:3, II and federal regulations at 45 CFR 303.11, child support cases which meet the following criteria shall be subject to closure:

 

(1)  There is no longer an order for support enforceable under New Hampshire law and the arrearage owed is less than $2,500.00;

 

(2)  The case is a refugee assistance or TANF intact family case where the father is the responsible parent for all of the children in the case;

 

(3)  The case is a TANF case where the client has completed an affidavit attesting that she does not know who the father of her child is;

 

(4)  The client has moved out of New Hampshire, paternity has not been established, and paternity testing has not been initiated or completed;

 

(5)  Another state has authorized or requested closure of the case; or

 

(6)  The case was opened erroneously.

 

          (b)  A case which has been closed shall be reopened pursuant to 45 CFR 303.11(c) if the client provides additional or new information which would enable the division of child support services (DCSS) to establish paternity or a support order or enforce an order.

 

Source.  #5743, eff 11-24-93; ss by #7137, INTERIM,eff 11-24-99, EXPIRED: 3-23-00

 

New.  #7244, eff 4-27-00, EXPIRED: 4-27-08

 

New.  #9206, eff 7-19-08, EXPIRED: 7-19-16

 

PART He-W 410  APPEALS OF BUREAU OF CHILD SUPPORT SERVICES ACTIONS AND DECISIONS

 

          He-W 410.01  Appeals of Bureau of Child Support Services Actions and Decisions.

 

(a)  A party may appeal any action or decision in accordance with (b) – (g) below unless the criterial for appeals for that action or decision is otherwise specified  in state statute or other department rules.

 

(b)  There shall be three levels of appeal available to parties wishing to contest a child support establishment or enforcement action or decision:

 

(1)  Supervisory review;

 

(2)  Administrative hearing, pursuant to He-C 200 and He-C 201; and

 

(3)  Judicial review.

 

(c)  A party wishing to appeal shall sequentially exhaust each level of appeal in (b) above, starting with (b)(1) before proceeding to the next level of appeal.

 

(d)  A supervisory review shall:

 

(1)  Be requested by the party within 30 days of the date on the notice of decision of the action;

 

(2)  Be requested by the party in writing, including electronic methods available through the department of health and human services; and

 

(3)  Be conducted for the sole purpose of determining if a mistake of fact has occurred, or as otherwise stated in other department rules or state statute.

 

(e)  Mistake of fact in (d)(3) above shall include:

 

(1)  Misidentification of the party;

 

(2)  An incorrect arrearage amount calculated;

 

(3)  The incorrect date of an action;

 

(4)  An incorrect foreign exchange rate used in a currency conversion; or

 

(5)  Any other material mistake of fact.

 

(f)  A party who is dissatisfied with the results of a supervisory review may request an administrative hearing, pursuant to He-C 201.03.

 

          (g)  A party may request judicial review from the New Hampshire Superior Court:

 

(1)  Within 30 calendar days of the date on the notice of decision from the administrative hearing; or

 

(2)  Within 30 calendar days of the date on the notice of decision from the rehearing or denial of a request for a rehearing of an administrative hearing.

 

Source.  #12611, eff 8-23-18

 

APPENDIX

 

RULE

STATUTE

 

 

He-W 401

RSA 161:4, IX

He-W 401.01

RSA 161:4-a, V

He-W 403.01

Section 457 of the SSA (42 USC 657); 45 CFR 302.51;

45 CFR 302.52

He-W 403.02

Section 454B of the SSA [42 USC 654B(c)]

He-W 403.03

RSA 161:4-a, 42 USC 657

He-W 403.04

RSA 161-4-a VIII-a, 42 USC 657, 42 USC 654 (b)(c)

He-W 403.05

RSA 161:4-a, VIII-a, 42 USC 657; 42 USC 654(b)(c)

He-W 403.06

RSA 161:4-a,VIII-a, 42 USC 657

He-W 403.07

RSA 161:4-a, VIII-a

He-W 404.01 – 404.04

42 USC 666(c)(1)(G)(II), RSA 284:21-v

He-W 405.01

Section 454(6)(B(ii)[42 USC 654(6)(B)(ii); RSA 161-B:3, IV; and RSA 161-B:8, II

He-W 405.02 - Repealed

RSA 161-B:8, II; RSA 161-B:3, IV

He-W 408.01

RSA 161:4, IX

He-W 409.01

RSA 161:4-a, IX, 45 CFR 303.11

He-W 410

RSA 126-A:5, VIII, RSA 161-B:11, RSA 161-C:27, RSA 541:6;

45 CFR 303.35