RSA 161-H:6 · Opportunity to Contest Withholding

161-H:6 Opportunity to Contest Withholding. –

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I.

Within 45 days after the date of the notice to the obligor required by RSA 161-H:4, the department shall:

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(a)

Provide to the obligor an opportunity to present his case to the department.

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(b)

Determine if the withholding will occur based on an evaluation of the facts.

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(c)

Provide notice to the obligor of whether or not the withholding will occur, and, if it is to occur, include in the notice the time when the withholding will begin and the information given to the employer in the notice required under RSA 161-H:5.

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II.

If the obligor contests the withholding as provided in this section, the notice to the employer required under RSA 161-H:5 shall not be sent until a decision has been made under subparagraph I(b).

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III.

Where an individual or legal representative is seeking to establish or implement a wage assignment under this section, a judicial determination shall be made prior to institution of the wage assignment. Source. 1994, 214:1. 1995, 310:175, eff. Nov. 1, 1995.

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