§346-37.1  Payment of public assistance forchild requires payment of child support to department by natural or adoptiveparents.  (a)  Any payment of public assistance money made to or for thebenefit of any dependent child or children creates a debt due and owing to thedepartment by the natural or adoptive parent or parents who are responsible forsupport of such children except that debts under this section shall not beincurred by a parent or other person who is the recipient of public assistancemoneys for the benefit of minor dependent children for the period such personor persons are in such status, and, provided that where there has been a familycourt order, the debt shall be limited to the amount provided for by the order.

(b)  If there is no existing court order, thedebt for a period during which public assistance was provided to the child orchildren may be established by agreement of the parties or application of thechild support guidelines established pursuant to section 576D-7. [L 1975, c137, pt of §1; am L 1983, c 41, §1; ree L 1986, c 332, §7; am L 1998, c 83, §2;am L 2002, c 72, §1]

 

Case Notes

 

  Public support of children is not an exceptional circumstancewarranting departure from guidelines.  7 H. App. 345, 764 P.2d 1250.

  In paternity proceedings, the child support enforcementagency may not obtain a judgment for an amount of money unless and until itproves payment by the department of human services of at least that amount toor for the benefit of the child.  105 H. 79 (App.), 93 P.3d 1186.

  Notwithstanding subsection (b) and §584-15(e), when readtogether, the statutes do not create a "debt due and owing to thedepartment of human services by the natural or adoptive parent or parents whoare responsible for support of such children" in the amount calculated inaccordance with the applicable child support guidelines.  105 H. 79 (App.), 93P.3d 1186.