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 403.04 - Recovery of Payments for Returned Child Support Payment Checks and Reversed Electronic Payments Made by a Payor

Universal Citation: NH Admin Rules He-W 403.04

Current through Register No. 40, October 3, 2024

(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.

#8685, eff 7-21-06; renumbered by #9206 (formerly He-W 403.05)

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