New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-W - Former Division of Human Services
Chapter He-W 400 - SUPPORT OF DEPENDENT CHILDREN
Part He-W 403 - DISTRIBUTION AND DISBURSEMENT OF SUPPORT PAYMENTS
Section He-W 403.01 - Distribution

Universal Citation: NH Admin Rules He-W 403.01

Current through Register No. 40, October 3, 2024

(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.

#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

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