When a parent is ordered to pay child support in New Hampshire, it typically is required until the child reaches the age of 18, graduates high school, or gets married. However, if the child has any special needs, the parent’s obligation to financially support them may continue beyond 18.
A child support order that is issued by a court may provide a date when the parent is permitted to stop child support payments. When this situation occurs, the court order will dictate when child support payments can be dropped.
A paying parent should always obey the terms of the court order. A local attorney in New Hampshire can review an individual’s unique court order and advise them of the steps they need to take.
It is essential that a paying parent continue to make their required child support payments until a new court order is issued that allows them to stop. If there is a court order in place that provides a date when the paying parent may stop making payments, they can do so on that date.
When a parent thinks their child support order should be modified, they must petition the court for a modification of their child support order. There are some situations that may justify a modification, such as a material change in circumstances like a job loss or custody change.
When Is Child Support Ordered?
In some situations, a parent’s duty to pay child support comes up in a New Hampshire divorce or because of a legal separation. The court may also issue child support orders following paternity suits when a father who is not married to the mother seeks custody or visitation.
An unmarried mother may also request that the father be required to pay child support. No matter which type of case the child support order arises from, it is legally binding on the parent who is ordered to pay child support.
When a New Hampshire court has ordered a parent to pay child support, they may face negative legal consequences for failure to pay. In New Hampshire, child support payments are usually made to the parent with custody of the child by the parent who does not have custody.
When calculating child support, a New Hampshire court will typically use the state’s support guidelines. The parent who has custody of the child is not required to pay child support because it is presumed that they are already financially supporting the child when the child resides with them.
A New Hampshire court will consider numerous factors when making child support decisions, including:
- The child’s best interest standard
- The type of custody arrangement that the parents have, for example, whether it is joint or sole custody
- The age of the children on whose behalf the support is being paid
- The total number of children each parent has
- The income of each of the parents
- Any additional childcare expenses
In certain situations, the noncustodial parent may be required to pay retroactive child support. This may occur in situations when the parent who did not have custody did not make payments during the divorce process. Therefore, when the divorce is finalized, the court may order the non-custodial parent to pay support for that past time period.
How Is a Child Support Award Enforced?
Federal laws require that every state have a program to enforce child support obligations. New Hampshire’s Department of Health and Human Services provides child support enforcement in the state.
These child support enforcement agencies typically provide different services to custodial parents needing assistance, including:
- Locating the other parent when their whereabouts are not known
- Helping to establish paternity
- Helping a custodial parent obtain a court order for child support
- Enforcing existing child support orders by collecting child support and giving to the receiving parent
Typically, the program will start by sending letters to paying parents who try to collect the past-due support before other enforcement action is taken. If these efforts are not successful, other measures can be used, such as:
- Intercepting winnings from sports betting
- Denying loans, grants, or passports
- Placing liens on property
- Charging interest on support payments that are past due
- Increasing the amount that the agency withholds from a person’s paycheck
- Setting up a payment plan
- Intercepting federal and state tax refunds
How Can I Avoid a Child Support Increase?
A parent may be wondering whether the law allows them to change their child support order. A paying parent may also want to know what their potential obligation may be. For answers to these questions, an individual should consult with a Nebraska family law attorney.
The child support guidelines will not automatically adjust a child support award. When a parent would like to obtain an increase or decrease, they will need to petition the court for a modification of the order.
An increase in child support orders can occur for numerous reasons, such as:
- Changes in the custody schedule
- Changes in income
- Changes in the needs of the child
- Changes in childcare arrangements
- Changes in health insurance
How Can I Stop Paying Child Support?
There are certain situations in which an individual may be able to stop paying child support. There are several reasons to close a child support case, such as:
- The child is legally emancipated
- The child dies
- A court terminates the rights of a parent
- The child becomes self-supporting
- The child reaches the age of majority
- The child graduates high school
If a paying parent loses their job through no fault of their own, they may be able to ask the court to terminate their payments. For example, if they suffered an injury that caused them to have a disability that significantly affects their earning capacity.
Do Child Support Payments End Automatically?
Typically, no child support payments do not automatically end. However, if, as noted above, the court order provides a specific date of termination, it may terminate on that date.
The burden rests upon the paying parent to ensure that their child support obligation ends at the appropriate time.
How To Get Child Support Arrears Dismissed
In some cases, a parent may fall behind on their child support payments. These past-due amounts are referred to as arrears.
Even if a paying parent’s obligation terminates, they are still required to pay the arrears amount. It may be difficult to have child support arrears dismissed.
In certain situations, an individual may be able to file a motion to dismiss child support arrears if they have a legitimate reason that they can no longer make the payments, such as a disability.
Do I Need a Lawyer for Help With Terminating Child Support?
If you are a parent who has to pay child support in New Hampshire and you think you qualify to have your payments terminated, you should consult with a New Hampshire child support lawyer as soon as you can. Your lawyer can help you determine if you are eligible and petition the proper court to terminate your child support obligation.
LegalMatch provides a free and convenient way to find a lawyer in your area who can help you with any child support issue or question you have. When you submit your concern on the website, you will get responses from member attorneys near you who are pre-screened, licensed, and ready to help.
