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NEW HAMPSHIRE STATUTES AND CODES

Section 161-C:6 Subrogation.


   I. The department shall be subrogated to the right of any dependent child or children or person having the care, custody, and control of such child or children to prosecute or maintain any support action or execute any administrative remedy existing under the laws of this state to obtain reimbursement of public assistance paid by the department, including, but not limited to, all remedies provided by RSA 167. If a legal order of support enters judgment for an amount of support to be paid by a responsible parent, the department shall be subrogated to the debt created by such order, and such money judgment shall be deemed to be in favor of the department. This subrogation shall specifically be applicable to temporary support and maintenance orders and alimony orders up to the amount paid by the department in public assistance moneys to or for the benefit of such children on the basis of providing necessaries for the caretaker of such children. The department shall not be required to seek an amendment to the legal order of support in order to subrogate itself to the rights of the payee.
   II. Upon application for services by an obligee under the terms of RSA 161-B:3, together with such fees, if any, as have been established by the commissioner, the department is authorized to prosecute or maintain any support action or execute any administrative remedy existing under the laws of this state, including, but not limited to, all remedies provided under this chapter.

Source. 1977, 589:1. 1985, 331:10. 1995, 310:175, 183. 1996, 297:5. 2001, 222:2, eff. Sept. 9, 2001.

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