Chapter 546-A: Uniform CIVIL Liability for Support

As used in this chapter:

I. "State" includes any state, territory or possession of the United States, the District of Columbia and the Commonwealth of Puerto Rico.

II. "Obligor" means any person owing a duty of support.

III. "Obligee" means any person to whom a duty of support is owed.

IV. "Child" means either a natural or adopted child.

V. "Father" or "mother" means either a natural or adopted father or mother.

Every person whose income or other resources are more than sufficient to provide for his or her reasonable subsistence compatible with decency or health owes a duty to support or contribute to the support of the following persons when in need: his or her wife, husband, or child under the age of 18 or for as long as the department of health and human services has the authority to recover support for the child under Title IV of the Social Security Act.

An obligor present or resident in this state has the duty of support as defined in this chapter regardless of the presence of residence of the obligee.

The superior court shall have jurisdiction of all proceedings brought under this chapter.

When determining the amount due for support the court shall consider all relevant factors including but not limited to: (a) the standard of living and situation of the parties; (b) the relative wealth and income of the parties; (c) the ability of the obligor to earn; (d) the ability of the obligee to earn; (e) the need of the obligee; (f) the age of the parties; (g) the responsibility of the obligor for the support of others.

The court shall retain jurisdiction to modify or vacate the order of support where justice requires.

The obligee may enforce his right of support against the obligor and the state or any political subdivision thereof may proceed on behalf of the obligee to enforce his right of support against the obligor. Whenever the state or a political subdivision thereof furnishes support to an obligee, it has the same right as the obligee to whom the support was furnished, for the purpose of securing reimbursement and of obtaining continuing support.

I. The department of health and human services, the county attorney, and the department of justice shall be notified and shall have the opportunity to address the court in any proceeding under this chapter if the court or department of health and human services has concerns relative to:

(a) The impact on the ward of any period of Medicaid ineligibility that would result from the proposed gift;

(b) Whether the ward has been the victim of a crime or has been or is at risk of being abused, neglected, or exploited within the meaning of RSA 161-F:43; or

(c) The cost of the ward's care to be paid by Medicaid as the result of the proposed gift or income reallocation.

II. No petition of spousal support shall be enforceable against the department as it relates to eligibility for medical assistance unless the petitioner provides a copy of the petition to the department at least 14 days prior to filing with the court.

Appeals may be taken from orders under this chapter as in other civil actions.

Laws attaching a privilege against the disclosure of communications between husband and wife are inapplicable under this chapter.

The rights herein created are in addition to and not in substitution for any other rights.

This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.

This chapter may be cited as the Uniform Civil Liability For Support Act.