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Legal Obligations and Duration of Child Support
Child support is a fundamental requirement for separated or divorced parents in New Hampshire. If these payments stop, the result can be substantial financial hardship for the child and legal issues for the parent responsible for the payment. If you’re unsure about your specific obligations or have recently experienced a significant change in your circumstances, it is essential to get legal advice as soon as possible.
Typically, New Hampshire law mandates that child support continues until the child turns 18. However, if the child is still enrolled full-time in high school at 18, payments may be required until graduation or until the child is 19 years and two months old, whichever happens first. In cases where a child has a disability, the courts may extend the order until the child reaches age 21, ensuring ongoing care and financial support. ([gc.nh.gov](https://gc.nh.gov/rsa/html/xliii/461-a/461-a-mrg.htm))
Ignoring a child support order does not relieve a parent of the obligation. The legal system can still enforce back payments (arrears) regardless of the parent’s wishes or the child’s decision to live independently.
It’s important for parents to remain current with all legal filings and to seek an official modification through the family court system if their situation changes. Attempting to alter the arrangement informally can lead to legal and financial headaches down the line. For additional details on the duration and scope of child support, the New Hampshire Judicial Branch provides helpful guidance on child support law and enforcement. ([law.unh.libguides.com](https://law.unh.libguides.com/nhfamilylaw/parenting))
Enforcement Actions for Non-Payment
New Hampshire’s Division of Child Support Services (DCSS) and the courts have robust tools to enforce child support orders if a parent stops paying. These include:
- License Revocation: The state can suspend an individual’s driver’s license, as well as professional or occupational licenses, until child support payments are resumed.
- Adverse Credit Reporting: Missed payments are reported to credit bureaus, which can negatively impact the parent’s credit score and make it more difficult to obtain loans or housing.
- Tax Refund Interception: Federal and state tax refunds may be seized to cover delinquent support.
- Property Liens: A lien can be placed on property, making it difficult to sell or refinance assets.
- Passport Denial: Parents who owe $2,500 or more may be refused a U.S. passport until the debt is resolved.
Through these enforcement actions, the state emphasizes that child support is a matter of public policy, designed to protect the well-being of children. For a deeper discussion on how arrears are collected and other enforcement tools used, resources from the U.S. Department of Health & Human Services are available.
Contempt of Court and Legal Proceedings
When enforcement measures do not prompt payment, courts may escalate the matter by charging the non-compliant parent with contempt of court. This requires an appearance before a judge, and the parent must offer a legitimate reason for non-payment. The court may then impose penalties, such as fines, demand payment of attorney fees, and even impose jail time for willful nonpayment.
Judges take child support orders seriously, both to protect children’s rights and to uphold the integrity of the court’s rulings. News organizations, such as NBC News, have highlighted how enforcement actions impact families nationwide, underscoring the importance of maintaining compliance or seeking a modification properly when circumstances change.
Impact on Custodial Arrangements
If the child’s living situation changes—for example, if they begin living primarily with the non-custodial parent without an updated court order—the original support requirements remain in effect until the order is officially modified. This can lead to confusion, unintended arrears, and unnecessary legal battles.
To avoid these issues, custodial changes must always be formalized through the courts. Documenting every change protects both the parent and the child’s financial security, ensuring the legal system continues to function fairly and predictably.
Steps to Take if Unable to Pay
Financial hardship can affect anyone, but ignoring the situation only exacerbates the problem. Any parent struggling to meet child support obligations should take the following steps:
- Communicate: Let the other parent know about the financial hardship as soon as possible to encourage cooperation.
- Seek Modification: File a modification request with the court to lower payments based on your changed circumstances. Courts typically consider recent income loss or increased expenses when determining a new support order.
- Make Partial Payments: If possible, make partial payments to demonstrate good faith until the new arrangement is approved.
Never stop paying without a court-approved modification. The state and courts look unfavorably upon those who ignore their obligations, regardless of their reasons.
Resources and Assistance
The New Hampshire Division of Child Support Services (DCSS) offers comprehensive assistance to parents facing collection actions, those needing information on how to secure a modification, or individuals requiring help with making payments. Legal aid clinics and private family law attorneys are also available throughout the state to provide personalized support and guidance on protecting your rights and those of your child.
Conclusion
Stopping child support payments in New Hampshire has severe legal, financial, and personal consequences for both parents and children. Understanding your obligations and promptly addressing any difficulties with the court system and state agencies is crucial. By staying informed, seeking support, and utilizing the available resources, you can help safeguard your child’s future and your own legal standing.