N.H. Code Admin. R. He-W 403.05
Recovery of Payments for Returned Child Support Payment Checks and Reversed Electronic Payments Made by an Employer
Effective Jun 24, 2025#8685, eff 7-21-06; renumbered by #9206 (formerly He-W 403.06); 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 child support payment check submitted by an employer pursuant to RSA 458-B has been returned, or that an 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 employer with Form BCSS 149C, “Notice of Returned Check and Demand for Repayment” (June 2025). BCSS shall provide the obligor with a copy of Form BCSS 149C.
- (b) If the employer fails to replace the returned check or reversed electronic payment by bank check or money order and the “Returned Check Repayment Coupon” provided on Form BCSS 149C within 10 calendar days of the date on Form 149C, BCSS shall provide the employer with Form BCSS 149D, “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 employer shall submit the recovery payment with the “Returned Check Repayment Coupon” provided on Form BCSS 149C or Form BCSS 149D.
- (d) When it is determined that a bank error has occurred, a recovery payment submitted by personal or business check without the “Returned Check Repayment Coupon” shall not be accepted as a recovery payment and shall be returned to the employer.
- (e) Recovery payments for returned checks that are submitted by bank check or money order without a provided “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 employer 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 employer 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 Form BCSS 149D “Second Notice of Returned Check and Demand for Repayment” or Form BCSS 150 “Notice of Receipt of Partial Repayment of Returned Check” 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, and the statute of limitations provided in the NH Criminal Code has not expired, 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 employer’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 149C “Notice of Returned Check and Demand for Repayment” using the provided “Returned Check Repayment Coupon” and either:
- (1) The employer provides evidence that the check was returned or electronic payment was 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 employer in the preceding year have been returned or electronically reversed.
(k) If the employer fails to replace the returned check or reversed electronic payment in full to BCSS within 10 calendar days of the date on Form BCSS 149C, “Notice of Returned Check and Demand for Repayment” the employer shall be required to pay by bank check or money order until the following conditions have been met, after which time the employer may pay support by business check or electronic payment:
- (1) A minimum of one calendar year has gone by beginning 10 days from the date of Form BCSS 149C, “Notice of Returned Check and Demand for Repayment” and
- (2) BCSS has received full recovery payment for the returned check or electronic reversal.
Source. #8685, eff 7-21-06; renumbered by #9206 (formerly He-W 403.06); 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