RSA 161-C:26-a · Reporting to Credit Agencies

161-C:26-a Reporting to Credit Agencies. –

Copy link

I.

Notwithstanding the provisions of RSA 359-C or any other law to the contrary, any obligor who owes child support arrearages payable to or through the department shall be deemed to have authorized disclosure of such obligor's financial records to consumer reporting agencies by the department. I-a. Notwithstanding the provisions of RSA 359-C or any other law to the contrary, the department shall report to a consumer reporting agency or agencies any obligor who accumulates an arrearage in an amount greater than the legal order of support owed for 60 days payable to or through the department, unless:

Copy link

(a)

A legal order of support is being adhered to by the obligor;

Copy link

(b)

The obligor's wages are assigned pursuant to RSA 458-B and the wage assignment, pursuant to a court order or pursuant to RSA 458-B:4, addresses arrearages;

Copy link

(c)

The department determines that reporting would cause the obligor hardship in obtaining employment;

Copy link

(d)

A motion to modify is pending which could reduce the arrearage to an amount less than the legal order of support owed for 60 days; or

Copy link

(e)

The department determines that there is good cause not to report the obligor.

Copy link

II.

Notwithstanding any other law to the contrary, any obligor who owes child support arrearage payable to or through the department shall be deemed to have authorized disclosure of such obligor's financial records to the department of health and human services by consumer reporting agencies.

Copy link

III.

The department shall give prior notice to the obligor that such financial disclosure is authorized and of the procedures through which the obligor may contest such financial disclosure. If the obligor contests the financial disclosure pursuant to this section, the department shall provide written findings prior to reporting such obligor.

Copy link

IV.

The department and any consumer reporting agency which discloses financial records under this section shall not be subject to civil liability or criminal prosecution which is based upon its disclosure under this section. Source. 1985, 331:20. 1992, 119:2, 3. 1995, 310:175, 181. 1996, 297:8, 9, eff. June 10, 1996.

Copy link