Child support is a series of court-ordered payments that are made by one parent to the child’s other parent for the benefit of the child or children. There are child support laws in every state that outline the amount of child support based on several factors, including:
- Custody arrangements;
- How much time the child spends living with each of the parents;
- The income and finances of each parent.
Typically the parent who is ordered to make child support payments is the parent who does not have primary physical custody of the child or who lives with the child less than half of the time.
Why Is Child Support Necessary?
Child support is necessary to provide for a child even in situations where they do not reside with both parents. Raising a child can be very expensive, and both of the parents are responsible for financially supporting their child.
Child support is necessary to ensure that both of the child’s parents fulfill their financial obligations to their child. These payments are intended to be used for the expenses that are involved in raising the child, such as:
- Food, shelter, and clothing;
- Medical care and health related-expenses;
- Educational expenses.
Mandatory child support is one way that courts can ensure that non-custodial parents are contributing to the needs of their child. Child support that is mandatory means that it is required by law.
A parent who is required to pay child support cannot get out of that obligation. In addition, the parent who has physical custody of the child cannot refuse to accept the child support payments that the court orders for their child.
Who Is Required to Pay Child Support?
In situations where the parents do not have joint custody or do not share equal physical custody, or the child resides with one of the parents more than half of the time, the parent who has the child the least will be the one who is required to pay child support.
Both fathers and mothers can be required to pay child support. It is not required that the parents were married in order for one of them to have to pay child support.
In cases where a dispute may arise regarding the identity of the biological father of the child, a court will typically order a paternity test to be done before calculating and ordering child support. An adoptive parent can also be subject to child support laws.
Unless the child was adopted, however, a step-parent will not be obligated to pay child support for a step-child.
How Does Child Support Work in New Hampshire?
New Hampshire laws provide that both parents are required to support their children. If one parent has custody of the child, the other parent will be required to pay child support.
If both of the parents share custody of the child, then both of the parents will owe child support. To make these types of situations simpler, courts in New Hampshire usually require the higher-earning parent to pay the difference.
For example, if Tom and Susan have one child and have joint custody, the court will use the following formula. For one child, the assumption is that each parent will pay 25% of their income in child support.
If Tom is an accountant who makes $60,000 a year and Susan is a waitress who makes $30,000 per year, Tom will be expected to pay $1,250 per month and Susan will be expected to pay $625 per month. This amount is simplified to Tom making child support payments to Susan at $625 per month.
How Do You Petition for Child Support?
In order to begin receiving child support, either of the parents must fill out an application and file it with the New Hampshire Department of Child Support Services. The petitioning parent has to be able to provide certain information about the other parent, including the other parent’s:
- Employer;
- Address;
- Assets;
- Family members or other contacts.
If the mother is the parent filling out the application, the father must be determined if it has not already been done using a birth certificate or record. If the father is not determined, they may be established by either the father voluntarily submitting a document declaring paternity or using genetic testing.
New Hampshire’s Division of Child Support Services (DCSS) usually pays the cost of genetic testing. The results may be available within 30 business days and are mailed to both parents.
What if You Don’t Pay Required Child Support?
If the paying parent does not pay child support as required, the other parent can file a motion for contempt. This motion allows a New Hampshire court to declare that the non-paying parent in contempt of court.
If an individual is found to be in contempt of court, it allows the court to use different measures to collect payment, which may include:
- Wage garnishment;
- Garnishing the payments from the individual’s tax refund;
- Selling their property;
- Time in jail.
It is important to note that non-payment may have a negative effect on an individual’s credit score. It may also include being prosecuted for a misdemeanor or a felony.
All child support payments in New Hampshire should be made through DCSS so the agency can keep track of what has been paid or what is owed. Although it may be possible for the paying parent to pay child support to the other parent directly, it is not encouraged, as it may result in the paying parent over-paying or under-paying child support.
What Can the Other Parent Do if You Don’t Pay Required Child Support?
Assume that a non-paying parent does not receive the required payments. In that case, they can visit the Department of Child Support Services and request one of the various methods of extracting the payment listed above be used against the paying parent.
The non-paying parent may also pursue a claim in the court system to sue for the child support owed.
How Can You Stop Paying Required Child Support?
Once a child support order is ordered by the court, it has to be followed. There are some situations in which a parent may need to request that the court modify a child support order.
Typically, this will require a material change in circumstances that affects the individual’s ability to pay or the needs of the child. In the State of New Hampshire, if an individual needs to obtain a child support modification, they must file a petition to support a modification of the order through the Department of Child Support Services.
Child support will terminate automatically when the child turns 18 years of age or graduates high school. It also terminates when the child marries, joins the military, or becomes emancipated.
Child support may, however, continue indefinitely if a child is declared to be a legal dependent by a court due to mental or physical disability.
Where Can You Find the Right Lawyer?
If you need to petition for child support or need to modify an existing child support order, it is important to consult with a New Hampshire child support lawyer. Your lawyer will be able to help you throughout the process and ensure you are receiving the proper payments or that you are getting credit for the payments you are making.
