He-W 400 Support Children

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 “arrearage” as defined in RSA 458-B:1, I namely, “the total amount of unpaid support which has accrued since the effective date of a legal order which stipulates a periodic support amount due, and shall include any amount of unreimbursed assistance accumulated prior to the issuance of the legal order of support”.

(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 all arrearages that accrue in former assistance cases 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 bureau 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) “Obligee” means “obligee” as defined in RSA 458-B:1, VII namely, “the person found to be legally entitled to receive child support, spousal support, or combination child and spousal support”. This term includes “payee”.

(v) “Obligor” means “obligor” as defined in RSA 458-B:1, VIII namely, “the person found to be legally liable for child support, spousal support, or combination child and spousal support”. This term includes “payor”.

(w) “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.

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

(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,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, EXPIRED: 9-26-24

New. #14125, INTERIM, eff 11-26-25, EXPIRES: 5-25-25 (Remains in effect per RSA 541-A:14-a); ss by #14274, eff 6-24-25, EXPIRES: 6-24-35

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 obligee;

(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 obligee and applied to reduce never-assigned arrearages;

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

(9) Amounts collected in excess of unassigned pre-assistance arrearages shall be paid to the obligee 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 obligee;

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

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

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

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

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

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

(3) Amounts collected in excess of never-assigned arrearages shall be paid to the obligee 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 obligee;

(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 obligee 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 obligee;

(2) Amounts collected in excess of the CSMSO shall be paid to the obligee 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 obligee 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 obligee;

(2) Amounts collected in excess of the MSMSO shall be paid to the obligee 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 obligor has multiple obligations within a case, payments received shall be allocated proportionally among the obligor’s obligations;

(3) If a obligor 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 obligor’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 obligee’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 or obligor level and affect no other obligor 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, EXPIRED: 9-26-24

New. #14126, INTERIM, eff 11-26-24, EXPIRES: 5-25-25 (Remains in effect per RSA 541-A:14-a); ss by #14275, eff 6-24-25, EXPIRES: 6-24-35

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 obligees.

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

(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) Obligees shall mail written requests to:

State Disbursement Unit

P.O. Box 9504

Manchester, NH 03108.

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

(g) Obligees 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 obligee in accessing an electronically transferred payment;

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

(3) The obligee 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 obligee 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; ss by #13349, eff 3-2-22; ss by #14275, eff 6-24-25, EXPIRES: 6-24-35

He-W 403.03 Recoupment of Overpayments.

(a) Child support obligees shall indicate on Form BCSS 152, “Important Notice Regarding Overpayment of Child Support and Authorization to Withhold” (June 2025), whether or not they authorize BCSS 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, BCSS shall initiate withholding of 20% of future child support payments if the obligee has checked the applicable box on Form BCSS 152, “Important Notice Regarding Overpayment of Child Support and Authorization to Withhold” (June 2025), 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, BCSS shall provide the obligee with Form BCSS 153, “Notice of Overpayment of Child Support” (June 2025).

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

(d) If the obligee has not authorized withholding of future child support payments by checking the box on Form DCSS 152 BCSS shall provide the obligee with Form BCSS 621A, “Notice of Overpayment of Child Support and Request for Repayment” (June 2025).

(e) The obligee shall complete, sign, and return the repayment agreement section of Form BCSS 621A selecting an agreement to either:

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

(2) Let BCSS keep 20% of all future child support collected until the overpayment is repaid to BCSS. 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 BCSS.

(f) If the obligee returns the repayment agreement section of Form BCSS 621A authorizing withholding of child support payments, BCSS shall initiate the authorized withholding.

(g) If the obligee does not return the repayment agreement section of Form BCSS 621A within 10 days of the date the form was mailed to the obligee, BCSS shall provide the obligee with Form BCSS 621B, “Second Notice of Overpayment of Child Support and Request for Repayment” (June 2025).

(h) The obligee shall complete, sign and return the repayment agreement section of Form BCSS 621B selecting an agreement to either:

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

(i) If the obligee returns the repayment agreement section of Form BCSS 621B authorizing withholding of child support payments, BCSS shall initiate the authorized withholding.

(j) If the obligee does not return the repayment agreement section of Form BCSS 621B within 10 days of the date the form was mailed to the obligee, BCSS shall provide the obligee with Form BCSS 621C, “Final Notice of Overpayment of Child Support and Request for Repayment” (June 2025).

(k) The obligee shall complete, sign and return the Repayment Agreement section of Form BCSS 621C selecting an agreement to either:

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

(l) If the obligee returns the repayment agreement section of Form BCSS 621C authorizing withholding of child support payments, BCSS shall initiate the authorized withholding.

(m) If the obligee does not return the repayment agreement section of Form BCSS 621C within 10 days of the date the form was mailed to the obligee, or does not notify BCSS verbally or in writing that the obligee 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; ss by #14275, eff 6-24-25, EXPIRES: 6-24-35

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

(a) Upon discovering that a obligor’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, BCSS shall provide the obligor with Form BCSS 149A, “Notice of Returned Check and Demand for Repayment” (June 2025).

(b) If the obligor 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 BCSS 149A within 10 calendar days of the date on Form BCSS 149A, BCSS shall provide the obligor with Form BCSS 149B, “Second Notice of Returned Check and Demand for Repayment” (June 2025).

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

(d) When it is determined that a bank error has occurred, 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 obligor.

(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, BCSS shall provide the obligor with Form BCSS 150, “Notice of Receipt of Partial Repayment of Returned Check” (June 2025).

(g) Upon receipt of repayment in full of the returned check or electronic payment, BCSS shall provide the obligor with Form BCSS 155 “Notice of Receipt of Repayment of Returned Check” (June 2025).

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

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

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

(1) The obligor 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 BCSS from the check issuer in the preceding year have been returned or electronically reversed.

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

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

(3) The obligor 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; ss by #14275, eff 6-24-25, EXPIRES: 6-24-35

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 BCSS shall provide the employer with Form BCSS 149C, “Notice of Returned Check and Demand for Repayment” (June 2025). BCSS shall provide the obligor with a copy of Form BCSS 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 BCSS 149C within 10 calendar days of the date on Form 149C, BCSS shall provide the employer with Form BCSS 149D, “Second Notice of Returned Check and Demand for Repayment” (June 2025).

(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 BCSS 149C or Form BCSS 149D.

(d) When it is determined that a bank error has occurred, 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, BCSS shall provide the employer with Form BCSS 150, “Notice of Receipt of Partial Repayment of Returned Check” (June 2025).

(g) Upon receipt of repayment in full of the returned check or electronic payment, BCSS shall provide the employer with Form BCSS 155 “Notice of Receipt of Repayment of Returned Check” (June 2025).

(h) If full recovery payment is not received by BCSS within 14 days of the date on Form BCSS 149D “Second Notice of Returned Check and Demand for Repayment” or Form BCSS 150 “Notice of Receipt of Partial Repayment of Returned Check” BCSS shall file with the appropriate court to establish a legal order against the obligor 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, BCSS shall refer the obligor’s case to the appropriate law enforcement agency for investigation and possible criminal prosecution.

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

(2) BCSS 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; ss by #14275, eff 6-24-25, EXPIRES: 6-24-35

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

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

(1) In cases where a portion of a obligor’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 obligor upon request, BCSS shall provide the obligor with Form BCSS 154, “Notice of Adjusted Tax Return and Demand for Repayment” (June 2025);

(2) In order to receive credit for repayment of the debt amount, the obligor shall return the payment with the “Adjusted Tax Refund Intercept Repayment Coupon” provided on Form BCSS 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 BCSS within 14 days of the date on Form BCSS 154 “Notice of Adjusted Tax Return and Demand for Repayment” BCSS shall file with the appropriate court to establish a legal order against the obligor for the debt; and

(5) In cases where the intercepted tax refund was disbursed to an obligee, 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; ss by #14275, eff 6-24-25, EXPIRES: 6-24-35

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, shall only request an administrative appeal 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 obligee 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.

(1) Supervisory review; and

(2) Administrative hearing.

(d) An individual may seek judicial review in the court of appropriate jurisdiction when they seek 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 BCSS within 30 days of the date on the respective notice of recovery action, Form BCSS 149A or Form BCSS 149C;

(2) Be requested from BCSS within 20 days of the date on the respective notice of recovery action, Form BCSS 149B or Form BCSS 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; ss by #14275, eff 6-24-25, EXPIRES: 6-24-35

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 bureau of child support services (BCSS) is responsible.

(b) NHLC shall confirm that the prize winner is an obligor in an open case through their limited access to the child support case management system, and if confirmed, contact BCSS. Any personally identifiable information obtained by NHCL shall be protected pursuant to Lot 902.04.

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

(2) The amount of any arrearage.

(d) BCSS shall provide written confirmation to NHLC by Form 743, “Confirmation of Child Support Arrearage,” (June 2025) of the individual who has a child support arrearage.

(e) NHLC shall complete and provide to each individual whose lottery prize has been intercepted BCSS Form 742, “Notice of Intercept of Lottery Winnings for Child Support,” (June 2025) using information provided by BCSS in Form 743.

(f) 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, EXPIRED: 7-22-24

New. #14127, INTERIM, eff 11-26-24, EXPIRES: 5-25-25 (Remains in effect per RSA 541-A:14-a); ss by #14276, eff 6-24-25, EXPIRES: 6-24-35

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 be requested from BCSS within 15 days of the date on Form 742.

(e) The individual shall not be required to appear at the scheduled review, but they shall provide BCSS with documentation in support of their claim that there has been a mistake of fact pursuant to He-W 404.02(a)(1)-(3).

(f) An individual who is dissatisfied with the results of a supervisory review may 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 administrative hearing decision to the New Hampshire superior court, pursuant to He-W 410.01(g).

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; amd by #14127, INTERIM, eff 11-26-24, EXPIRES: 5-25-25 (Remains in effect per RSA 541-A:14-a); ss by #14276, eff 6-24-25, EXPIRES: 6-24-35

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, EXPIRED: 7-22-24

New. #14127, INTERIM, eff 11-26-24, EXPIRES: 5-25-25 (Remains in effect per RSA 541-A:14-a); ss by #14276, eff 6-24-25, EXPIRES: 6-24-35

He-W 404.04 Refund of Erroneously Intercepted Lottery Prizes. BCSS shall refund any portion of intercepted lottery winnings that a BCSS 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, EXPIRED: 7-22-24

New. #14127, INTERIM, eff 11-26-24, EXPIRES: 5-25-25 (Remains in effect per RSA 541-A:14-a); ss by #14276, eff 6-24-25, EXPIRES: 6-24-35

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.

(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	Specific State Statute the Rule Implements

He-W 401	RSA 161:4-a, V
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 – He-W 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