Current through Register No. 45, November 7, 2024
Section Adm 1005.03 - Adjustments in Payment Amounts and Payment Schedule(a) At any time after a repayment order is issued, a defendant subject to a repayment order may petition the court to establish an adjustment in the payment or payment schedule, or to be relieved from the repayment obligation, if the defendant's circumstances have changed since the date of the repayment order.(b) Adjustments in the amount of the installment payments or in the payment schedule shall be made by: (1) The court, upon a finding by the court that the defendant is unable to comply with the terms of the repayment order or any previous modification thereof; or (2) The office of cost containment, if so ordered by the court, in accordance with (e) below.(c) A defendant seeking an adjustment in payments shall submit to the court or to the office of cost containment, as applicable, updated financial information as specified in Adm 1003.(d) A defendant who is imprisoned shall not be required to make payments until the defendant is released from prison. A defendant who is assigned to work release, in accordance with Cor 411, shall not be considered imprisoned for purposes of this section. (e) If authorized by the court, as specified in (b), above, the office of cost containment shall decrease the amount of the initial or installment payments due or adjust the payment schedule if the defendant is unable to pay the full amount or unable to make payments monthly for one of the following reasons:(1) The defendant's expenses have increased since a prior financial statement was completed; or(2) The defendant's income has decreased since a prior financial statement was completed.(f) A defendant may increase the amount of installment payments or make them on an accelerated schedule.(g) An adjustment in the amount or schedule of payments shall not decrease the minimum liability for legal expenses ordered by the presiding judge.N.H. Admin. Code § Adm 1005.03
(See Revision Note at chapter heading for Adm 1000) #8697, eff 8-3-06
Amended byVolume XXXIV Number 50, Filed December 11, 2014, Proposed by #10728, Effective 10/25/2014, Expires10/25/2024.Amended by Volume XL Number 24, Filed June 11, 2020, Proposed by #13050, Effective 7/1/2020, Expires 7/1/2030