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 403.05 - 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 DCSS shall provide the employer with Form DCSS 149C, "Notice of Returned Check and Demand for Repayment," (November 2014) . DCSS shall provide the payor with a copy of Form DCSS 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 DCSS 149C within 10 calendar days of the date on Form 149C, DCSS shall provide the employer with Form DCSS 149D, "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 employer shall submit the recovery payment with the "Returned Check Repayment Coupon" provided on Form DCSS 149C or Form DCSS 149D.

(d) 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, DCSS shall provide the employer 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 employer 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 Form DCSS 149D "Second Notice of Returned Check and Demand for Repayment," or Form DCSS 150 "Notice of Receipt of Partial Repayment of Returned Check," 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, and the statute of limitations provided in the NH Criminal Code has not expired, 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 employer'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 149C "Notice of Returned Check and Demand for Repayment," using the provided "Returned Check Repayment Coupon" and either:

(k) If the employer fails to replace the returned check or reversed electronic payment in full to DCSS within 10 calendar days of the date on Form DCSS 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: