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New Hampshire Laws
TITLE XII
PUBLIC SAFETY AND WELFARE
CHAPTER 161-C
ALTERNATIVE METHOD OF SUPPORT ENFORCEMENT FOR DEPENDENT CHILDREN
General Provisions
Section 161-C:3-f
161-C:3-f Child Support Insurance Settlement Intercept. – The department
may provide certain information to public agencies or its contracted agents
in order to intercept insurance settlement payments or judgments claimed by
individuals who are subject to a child support lien pursuant to RSA 161-C and
who owe past-due support. The department may identify such individuals by name,
last 4 digits of the individual's social security number or other taxpayer identification
number, date of birth, last known address, employer, or any combination thereof.
Any information provided by the department in accordance with this section shall
remain the property of the state of New Hampshire and shall be purged by any
public agency or contracted agent receiving said information upon completion
of the data match exchange. The department may perform an audit to insure that
any public agency or contracted agent has purged said information. The specific
penalty for failure to purge the information shall be set forth in any contract
or agreement between the department and any public agency or contracted agent
made pursuant to this section. Any transaction cost incurred by the department
related to the data match exchange shall be directly recovered by the department
from any insurance settlement or judgment proceeds. Insurance settlement payments
for casualty loss to personal or real property, past or future medical treatment,
and a pro-rated amount equal to 185 percent of the self-support reserve defined
in RSA 458-C:2 , X for the period of lost work for which the settlement or judgment
constitutes recovery shall be exempt from this section. Reasonable attorney
fees and expenses related to obtaining the insurance settlement or judgment
shall be exempt from this section pursuant to RSA 311:13. Any settlement, payment,
or judgment received under the provision of this section shall be held by the
department for 60 days prior to its release or distribution unless otherwise
agreed to by the parties.
Source. 2003, 280:1, eff. Sept. 16, 2003.
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