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
(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
(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
(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
(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
(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
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
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
(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
(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 |