CHAPTER 161-C ALTERNATIVE METHOD OF SUPPORT ENFORCEMENT FOR DEPENDENT CHILDREN
Support Debt
Section 161-C:9
161-C:9 Hearings. –
I. The hearing shall be conducted by a hearings officer in accordance with rules for fair hearings adopted by the commissioner pursuant to RSA 541-A.
II. Within 20 days of the hearing, the person conducting the hearing shall enter a decision. The responsible parent shall be served with the decision. The decision shall include a statement of responsibility of the alleged responsible parent, and a statement of the periodic support payment, the amount of debt accrued and the periodic payment against the accrued debt.
III. The person conducting the hearing shall consider when deciding on the amount of periodic payment, at least the following criteria:
(a) The needs of the child;
(b) The income, real property and personal property of the responsible parent;
(c) The ability of the responsible parent to borrow;
(d) The ability of the responsible parent to earn;
(e) The amount of support debt accrued and accruing;
(f) The need of the responsible parent;
(g) The responsibility of the responsible parent for other dependents;
(h) The guidelines as established in RSA 458-C.
IV. If the responsible parent fails to appear at the hearing on the date specified by the notice of debt, the hearings officer shall enter a decision pursuant to this section. Within 15 days of a decision pursuant to this section the responsible parent may petition the department to vacate the decision for cause shown.
V. The decision of the department in the hearing shall establish the debt of the responsible parent. The department may collect the debt after service of the decision in the hearing without necessity of any further action by the hearings officer.
VI. A subsequent legal order of support shall supersede the decision to the extent the legal order of support differs from the decision.
VII. At any time after the entry of a decision either the responsible parent or the commissioner may petition for a modification of the decision based on a change of circumstances. In the event of any such petition a hearing shall be held not less than 15 nor more than 30 days from the date of service of the petition, unless extended for good cause shown. Prospective modification may be ordered, but only upon a showing of good cause and material change of circumstances.
VIII. All administrative support orders issued under this chapter shall be filed with the clerk of the superior court in the county where the obligor resides, and shall have the same force and effect as court orders.