Child Support Wage Garnishment
I have a Child Support Order, now what?
Oftentimes, getting a Court Order is merely the first step in the process of collecting child support. There are two main options for payment on the Uniform Support Order, which is the form used to establish a child support order in New Hampshire. Option one is to have the child support paid directly to yourself; the obligee. Option two is to utilize the Division of Child Support Services (DCSS) to collect child support for you.
What if the obligor isn’t paying?
If the obligor is not paying the court ordered amount of child support, you can implement a wage garnishment. If support is payable through DCSS, a DCSS application for child support services must be submitted before DCSS can provide services in accordance with the order. If support is payable through DCSS, DCSS is authorized and directed to collect all sums, including any past amount owed, from the obligor and forward the sums collected to the obligee or person, department, or agency providing support to the children named in the USO. Any payment shall be applied first as payment towards the current child support and medical support obligation due that month and second towards any arrearages (past amount owed).
If support is ordered payable directly to the obligee, it can only be made payable through DCSS at a later time if:
(1) the children named in the USO receive assistance pursuant to RSA 161 or RSA 167;
(2) a party applies for support enforcement services and certifies to DCSS that:
an arrearage has accumulated to an amount equal to the support obligation for one month, or
a court has issued a protective order pursuant to RSA 173-B or RSA 461-A:10 which remains in full force and effect at the time of application; or
(3) a court orders payment through DCSS upon motion of any party that it is in the best interest of the child, obligee, or obligor to do so. RSA 161-B:4.
An obligee can also attempt to implement a wage garnishment directly through the obligor’s employer.
If you have questions about how to implement a wage garnishment or you need assistance with any child support issue, contact the Law Office of Katherine J. Morneau to set up a consultation today. We serve the Greater Nashua area and are here to help. To meet with one of our experienced attorneys call us today at 943-5647.
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