§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 (1988).

  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 (2004).

  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 (2004).