- (a) To claim a good cause waiver for non-cooperation with the child support requirements described in RSA 167:79, III(c)(1)-(2) & (c)(4), for any of the reasons specified in RSA 167:82, III(b), the individual shall provide verification pursuant to 45 CFR 232.42(b) - 45 CFR 232.43, except as specified in this section.
(b) If a claim for good cause for non-cooperation with child support requirements is due to the claimant being or having been battered or subjected to extreme cruelty pursuant to 42 USC 602(a)(7), but verification pursuant to He-W 602.10(a)(1)(b.)(1.) is not submitted to support the claim, the department of health and human services (DHHS) shall accept a signed, written statement from the individual, under penalty of unsworn falsification pursuant to RSA 641:3, that:
- (1) States the reason for the claim of the battering or extreme cruelty; and
(2) Indicates that cooperation with a child support requirement in RSA 167:79, III(c)(1)-(2) or (c)(4) would, pursuant to 45 CFR 260.52(c):
- a. Make it more difficult for the family to escape the situation of battering or extreme cruelty;
- b. Unfairly penalize the family who is or has been victimized by the situation of battering or extreme cruelty; or
- c. Put the family at further risk of the situation of battering or extreme cruelty.
- (c) False information provided on a signed, written statement pursuant to (b) above shall result in the loss of the good cause waiver for non-cooperation with the child support requirement due to being battered or subjected to extreme cruelty, pursuant to 42 USC 602(a)(7)(B), and be considered a violation of RSA 167:17-b and RSA 641:3.
Source. (See Revision Note #1 at Chapter Heading He-W 600) rsvd by #5171, eff 6-26-91; ss by #7192, eff 2-1-00; ss by #9104, eff 3-15-08; ss by #11063, eff 3-25-16