Section He-W 403.01 - Distribution(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); andb. 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; andb. 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; andb. 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; andb. 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; andc. Disbursed normally based on case type.N.H. Admin. Code § He-W 403.01
#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
Amended byVolume XXXIV Number 41, Filed October 9, 2014, Proposed by #10677, Effective 9/26/2014, Expires9/26/2024.The amended version of this section by New Hampshire Register Number 50, eff. 11/26/2024 is not yet available.