Going through a divorce is already a difficult and stressful process, but when your spouse fails to meet their financial obligations by not paying child support, it can make things even more complicated. Not only can this put a strain on your finances, but it can also impact your child’s overall well-being. Fortunately, in New Hampshire, there are measures in place to enforce child support payments and ensure that children receive the financial assistance they need to thrive.
Understanding the Importance of Child Support
Child support plays a crucial role in providing children with the means to thrive and grow. These funds are intended to cover essential expenses like food, clothing, housing, as well as educational and medical needs. In New Hampshire, child support is calculated using a formula that takes into account each parent’s income, the number of children, and the amount of time each parent spends with the children.
The Initial Process: Attempts at Amicable Resolution
If your spouse fails to fulfill their child support obligations, the first step is to reach out to them in an attempt to resolve the issue amicably. Communication can involve discussions about feasible payment plans or identifying any underlying problems that may hinder them from meeting their responsibilities. By addressing the issue together, you may be able to find a mutually beneficial solution. However, if these efforts prove unsuccessful, you may need to resort to legal action.
Pursuing Action: Filing a Complaint
To initiate action against a non-paying spouse, you will need to file a complaint with the New Hampshire Division of Child Support Services (DCSS). This can be done conveniently online or by visiting a local DCSS office. When filing a complaint, it is essential to provide detailed information, such as your spouse’s name, address, and employer. Additionally, any relevant court orders related to child support should be included.
Enforcing Child Support: Taking Action
Upon receiving your complaint, the DCSS will take various enforcement actions to ensure child support payments:
Income Withholding
The DCSS is authorized to deduct child support payments directly from your spouse’s paycheck, ensuring that the owed amounts are collected timely.
License Suspension
When your spouse falls behind on child support payments, their driver’s license, professional license, or recreational licenses may be suspended until the outstanding payments are made.
Liens and Seizures
To obtain payment, the DCSS has the power to place liens on your spouse’s property or seize their bank accounts.
Exploring Legal Options
If none of the enforcement actions employed by DCSS yield the desired outcome, taking legal action may be necessary to enforce child support payments effectively. This can involve filing a motion with the court to hold your spouse in contempt or seeking a wage garnishment order, enabling the deduction of child support payments directly from their wages.
Seeking Legal Assistance
Enforcing child support payments can be a stressful and overwhelming process. Yet, it is crucial to remember that there are resources available to help you navigate this challenging situation. If you find yourself struggling to obtain child support from your spouse, seeking the guidance of a family law attorney is highly advisable. They can provide valuable expertise and support as you maneuver through the legal process.
In conclusion, if your spouse fails to meet their child support obligations in a New Hampshire divorce, filing a complaint with the DCSS and considering legal action may become necessary. By staying well-informed about your rights and exploring the available options, you can take the necessary steps to ensure that your child receives the financial support they need to thrive.