How Is Child Support Enforced In A New Hampshire Divorce?

Child support plays a crucial role in guaranteeing the well-being and stability of a child’s life, particularly in the context of a divorce. In New Hampshire, when a couple decides to part ways, the court establishes a child support requirement that one parent must fulfill to provide for their child’s needs. However, if this obligation is neglected or only partially met, the court steps in to enforce the payment. This article will delve into the various methods employed by the court to ensure child support compliance in New Hampshire divorces.

The Child Support Order: Navigating the Landscape

Typically, the court grants a child support order at the time of the divorce or even later, depending on any substantial changes that may occur afterward. This order stipulates the exact amount of child support required, the duration of the payments, and the specific terms of how the payments should be made.

Wage Assignment: Simplifying Collection

One of the most commonly utilized methods for collecting child support in New Hampshire is through wage assignment. In this process, the court directs the noncustodial parent’s employer to deduct the specified child support amount from their wages. The funds are then forwarded either to the child support agency or directly to the custodial parent.

The Role of the Child Support Enforcement Agency

The Division of Child Support Services (DCSS), under the New Hampshire Department of Health and Human Services, takes charge of child support enforcement. The primary objective of the DCSS is to ensure that the noncustodial parent diligently fulfills their financial obligation to support their child.

Contempt of Court: Holding the Neglectful Accountable

When a parent fails to meet their child support obligations, the custodial parent or the DCSS has the option to file a motion for contempt of court. A subsequent hearing is conducted to determine if the nonpaying parent is willfully and deliberately defying the court order. Willful violation implies a refusal to fulfill child support payments without any valid reason.

If the court establishes contempt, it reserves the right to impose penalties such as fines, a jail sentence, or even both. Additionally, the court might order the nonpaying parent to cover the attorney fees incurred during this enforcement process.

Liens: Ensuring Accountability

To incentivize child support payment compliance, the court may opt to impose a lien on the noncustodial parent’s property or assets. This legal claim serves as a substantial imposition, which must be satisfied prior to the sale or transfer of the property in question.

Income Tax Refund Intercept: Intercepting Support Arrears

Another avenue available to the court for collecting child support arrears is through the interception of the noncustodial parent’s income tax refunds at both state and federal levels. The noncustodial parent receives a notice from the tax department, providing information regarding the intercepted amount and how it is applied towards fulfilling their child support obligations.

Conclusion: Prioritizing the Child’s Well-being

Child support stands as an integral pillar for providing the necessary resources and care for a child’s upbringing. It becomes the shared duty of both parents to ensure they fulfill this financial responsibility. In instances where the noncustodial parent fails to meet their obligation, the court possesses various enforcement measures at its disposal. These include wage assignment, the pursuit of contempt of court charges, the implementation of liens, and the interception of income tax refunds. It is important to recognize that navigating the enforcement process can be demanding and emotionally challenging. Thus, seeking guidance from an experienced attorney is crucial to ensuring a smoother journey through this complex terrain.