Section 161-C:10 Assertion of Lien.
I. Twenty-one days after service of notice of debt under RSA 161-C:7, or service of the decision under RSA 161-C:9, the amount stated in the notice of debt or in the decision shall be a lien against all property of the responsible parent and shall incorporate any unpaid child support which may accrue in the future. This lien shall be separate and apart from and in addition to any other lien created by or provided for in this chapter.
II. The lien shall attach to all real and personal property of the responsible parent when the notice of debt or the decision is filed in the county in which such property is located with the registry of deeds and with the office appropriate for a notice with respect to personal property and liens against earnings. The register of deeds or other appropriate agency shall keep a suitable record of such notices without charging any fee therefor and shall enter for the record an acknowledgment of satisfaction upon written request from the commissioner of the department of health and human services.
III. Whenever the lien has been filed and there is in the possession of any person having notice of the lien any property which may be subject to the lien, such property shall not be paid over, released, sold, transferred, encumbered or conveyed unless:
(a) A release or waiver signed by the commissioner has been delivered to the person in possession; or
(b) A determination has been made in a hearing pursuant to RSA 161-C:9 or by a court ordering release of said support lien on the basis that no debt exists or that the debt has been satisfied; or
(c) Such property is transferred or paid over to or by a person holding a prior lien on said property.
IV. The commissioner may at any time after the filing of a support lien serve a copy of said lien upon any person in possession of earnings or deposits or balances held in any bank account of any nature which are due, owing or belonging to the debtor.
V. No lien created under this section shall have priority over any prior recorded lien.
Source. 1977, 589:1. 1985, 331:13. 1988, 234:1. 1995, 310:182, 183. 1997, 263:17, eff. Aug. 18, 1997.