N.H. Code Admin. R. He-W 403.04
Recovery of Payments for Returned Child Support Payment Checks and Reversed Electronic Payments Made by a Obligor
Effective Jun 24, 2025#8685, eff 7-21-06; renumbered by #9206 (formerly He-W 403.05); ss by #10639, INTERIM, eff 7-21-14, EXPIRES: 1-19-15; ss by #10760, eff 1-19-15; ss by #14275, eff 6-24-25, EXPIRES: 6-24-35Former Division of Human Services
- (a) Upon discovering that a obligor’s child support payment check has been returned, or that electronic payment has been reversed by the financial institution from which it was issued, for either insufficient funds, a closed account, stop-payment order, marked as “refer to maker” or any other reason, BCSS shall provide the obligor with Form BCSS 149A, “Notice of Returned Check and Demand for Repayment” (June 2025).
- (b) If the obligor fails to replace the returned check or reversed electronic payment by bank check or money order and send payment and the “Returned Check Repayment Coupon” provided on the Form BCSS 149A within 10 calendar days of the date on Form BCSS 149A, BCSS shall provide the obligor with Form BCSS 149B, “Second Notice of Returned Check and Demand for Repayment” (June 2025).
- (c) In order to receive credit for a recovery payment on the debt owed to the state, the obligor shall submit to BCSS the recovery payment by bank check or money order with the “Returned Check Repayment Coupon” provided on Form BCSS 149A or Form BCSS 149B.
- (d) When it is determined that a bank error has occurred, a recovery payment submitted by personal check without the “Returned Check Repayment Coupon” shall not be accepted as a recovery payment and shall be returned to the obligor.
- (e) Payments for returned checks that are submitted by bank check or money order without the “Returned Check Repayment Coupon” shall be processed as a regular child support payment pursuant to He-W 403.01 and He-W 403.02, and shall not be credited as a recovery payment of the returned check or electronic reversal.
- (f) Upon receipt of a partial recovery payment of a returned check or electronic reversal, BCSS shall provide the obligor with Form BCSS 150, “Notice of Receipt of Partial Repayment of Returned Check” (June 2025).
- (g) Upon receipt of repayment in full of the returned check or electronic payment, BCSS shall provide the obligor with Form BCSS 155 “Notice of Receipt of Repayment of Returned Check” (June 2025).
- (h) If full recovery payment is not received by BCSS within 14 days of the date on either Form BCSS 149B “Second Notice of Returned Check and Demand for Repayment” or Form BCSS 150 “Notice of Receipt of Partial Repayment of Returned Check” then BCSS shall file with the appropriate court to establish a legal order against the obligor for the debt.
- (i) If full recovery payment is not received by BCSS within 14 days of the date on either Form BCSS 149B “Second Notice of Returned Check and Demand for Repayment” or Form BCSS 150 “Notice of Receipt of Partial Repayment of Returned Check” then BCSS shall refer the obligor’s case to the appropriate law enforcement agency for investigation and possible criminal prosecution.
(j) BCSS shall continue to accept the obligor’s child support payments by check or electronic transfer if full recovery payment is received by BCSS within 10 calendar days of the date on Form BCSS 149A, “Notice of Returned Check and Demand for Repayment” using the provided “Returned Check Repayment Coupon” and either:
- (1) The obligor provides evidence the check was returned or electronic payment reversed due to an error by the financial institution or other circumstances beyond the check issuer’s control; or
- (2) No other child support payments received by BCSS from the check issuer in the preceding year have been returned or electronically reversed.
(k) If the obligor fails to replace the returned check or reversed electronic payment in full to BCSS within 10 calendar days of the date on Form BCSS 149A, “Notice of Returned Check and Demand for Repayment” the obligor shall be required to pay by bank check or money order until the following conditions have been met, at which time the obligor may pay support by personal check or electronic payment:
- (1) A minimum of one calendar year has gone by beginning 10 days from the date of Form BCSS 149A, “Notice of Returned Check and Demand for Repayment;”
- (2) BCSS has received full recovery payment for the returned check or electronic reversal; and
- (3) The obligor has been in compliance with the legal order for support during the one year period described in (1) above.
Source. #8685, eff 7-21-06; renumbered by #9206 (formerly He-W 403.05); ss by #10639, INTERIM, eff 7-21-14, EXPIRES: 1-19-15; ss by #10760, eff 1-19-15; ss by #14275, eff 6-24-25, EXPIRES: 6-24-35