458-B:2 Assignment of Income. –
I. Child support, spousal support or combination child and spousal support orders issued or modified after January 1, 1994, whether payable through the department or directly to an obligee, shall include a provision assigning a portion of the obligor's income, salaries, commissions, earnings, or other periodic income from whatever source, except as expressly limited by law and as otherwise provided in this section. If the state is paying public assistance for the benefit of the minor children, the assignment shall be required and shall take effect immediately. In all other cases, where the state is not paying public assistance, the assignment shall be suspended by the court:
(a) Where there is a written agreement between the obligor and obligee and such agreement is approved by the court or administrative body; provided that the court may require the establishment of a dedicated checking account.
(b) Where there is a written agreement between the obligor and obligee, approved by the court, that establishes a "direct deposit" dedicated checking account for the purpose of receiving regularly scheduled payments. All basic service fees of the dedicated account remain the responsibility of the obligor. The obligee shall maintain a record of all monthly bank statements for the duration of the agreement. The statements shall be presented to the court upon request. If the obligee is unwilling to agree to the use of a direct deposit dedicated checking account, the court shall inquire as to the reason for the obligee's objection. Unless a substantive reason is given to the judge as to why a direct deposit checking account cannot be used, the judge may order that a 30-day trial direct deposit checking account be used for payment of child support. The direct deposit procedure shall be revoked when a delinquency equal to the support obligation for one month is incurred. An income assignment shall then be initiated without requiring an amendment to the support order or further action by the court or administrative body that issued the order.
(c) When the court or administrative body finds that there is good cause not to require immediate income assignment. For purposes of this paragraph, any finding that there is good cause not to require assignment must be based on at least:
(1) A written determination and explanation by the court or administrative body as to why implementing immediate assignment would not be in the best interests of the child; and
(2) Proof of the obligor's timely payment of any previously ordered support.
II. (a) In the event that an assignment is suspended in the first instance, it shall take effect at the request of the obligor; upon a court finding that the obligor is in violation or contempt of an order of support; or after notice and an opportunity to contest pursuant to RSA 458-B:5 and RSA 458-B:7, when the state has commenced payment of public assistance for the benefit of a child, or when an arrearage amounting to the support owing for a one-month period has accrued.
(b) In the event an assignment is suspended in the first instance because there has been a written agreement approved by the court or a determination of good cause, an obligee may seek the initiation of the assignment upon a court finding that the obligor is in violation or contempt of an order of support.
III. Child support or combination child and spousal support orders issued or modified before January 1, 1994, which are payable through the department are subject to an income assignment as follows:
(a) Orders in effect prior to October 1, 1985, shall be subject to the initiation of an income assignment when an arrearage amounting to the support owing for a one-month period has accrued.
(b) Child support or combination child and spousal support orders issued or modified between October 1, 1985, and July 14, 1989, shall contain an income assignment provision whereby assignment shall be initiated when a delinquency equal to the support obligation for one month is incurred.
(c) Child support or combination child and spousal support orders issued or modified between July 14, 1989, and January 1, 1994, shall contain an income assignment provision whereby they are subject to immediate income assignment except:
(1) Where there is a written agreement between the obligor and obligee and such agreement is approved by the court or administrative body.
(2) When the court or administrative body finds that there is good cause not to require immediate income assignment. For purposes of this paragraph, any finding that there is good cause not to require immediate assignment must be based on at least a written determination and explanation by the court or administrative body as to why implementing immediate assignment would not be in the best interests of the child, and proof of the obligor's timely payment of any previously ordered support.
(d) In the case of orders not subject to immediate income assignment under subparagraphs III(a), (b) and (c) of this section, income assignment may be initiated upon a court finding that the obligor is in violation or contempt of an order of support or, after notice and an opportunity to contest pursuant to RSA 458-B:5 and RSA 458-B:7, when the state has commenced payment of public assistance for the benefit of a child or when an arrearage amounting to the support owing for a one-month period has accrued.
IV. Child support, spousal support or combination child and spousal support orders issued or modified before January 1, 1994, which are not payable through the department are subject to an income assignment as follows:
(a) Orders in effect prior to October 1, 1985, may be enforced through an income assignment by the obligee by petition to the court to make support payable to the obligee by income assignment.
(b) Orders issued or modified between October 1, 1985, and January 1, 1994, shall contain an income assignment provision whereby assignment shall be invoked when a delinquency equal to the support obligation for one month is incurred.