Section 161-H:5 Notice to Employer.
Before the commencement of withholding procedures, the obligor's employer shall be given notice of the following:
I. The amount to be withheld and that it cannot exceed the limits set under RSA 161-H:2, V.
II. That the employer must implement withholding no later than the first pay period that occurs after 14 days after the notice was mailed.
III. That the withholding is binding on the employer until further notice.
IV. That the employer must send the withheld amount to the state or other payee at the same time the obligor is paid.
V. That the employer is liable for the accumulated amount it should have withheld if it fails to withhold in accordance with the provisions of the notice.
VI. That the withholding under this section shall have priority over any other legal process under state law against the same wages, with the exception of claims for current or past due child support.
VII. That in addition to the amount withheld for medical child support, the employer may deduct a fee of $1 for each withholding for the administrative cost incurred as a result of the withholding procedures.
VIII. That the employers shall be guilty of a misdemeanor and subject to a fine of up to $1,000 for discharging, refusing to employ, or taking any disciplinary action against an obligor because of the withholding procedures.
IX. That the employer shall notify the state or other payee within 15 days of the obligor's termination of employment, and shall provide the obligor's last known address and the name of and address of the present employer, if known.
X. That the employer shall be guilty of a class B misdemeanor for failure to comply with the provisions of paragraphs I-V.
XI. That the employer shall be liable for an administrative fine of $100 per pay period for each employee who has wage assignment obligations with that employer payable directly to the department with respect to whom the employer has willfully failed to comply with the provisions of paragraphs II and IV. Prior to assessing such fine against the employer, the department shall notify the employer of its intent to assess the fine, the amount of the fine, the date by which the fine is payable, and shall provide the employer with the opportunity to contest the imposition of the fine. The only basis for contesting the imposition of such fine is a mistake of fact or that the employer did not knowingly fail to comply with the provisions of paragraphs II and IV.
Source. 1994, 214:1. 1995, 310:175, eff. Nov. 1, 1995.