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



(b)  If there is no existing court order, the
debt for a period during which public assistance was provided to the child or
children may be established by agreement of the parties or application of the
child support guidelines established pursuant to section 576D-7. [L 1975, c
137, 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 circumstance
warranting departure from guidelines.  7 H. App. 345, 764 P.2d 1250.



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



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