Child Support is the money paid by the non custodial parent to the custodial parent for the support of the children.  Child support is based upon a formula that has been established by the New Hampshire State Legislature and is adjusted from time to time by that body.  The State Statute that authorizes child support is RSA 458:17.

The child support formula takes into account the gross income of both parents, the number of children, the State mandated sum that children need for their total support and applies certain deductions to end up with the amount of money the non custodial parent shall pay as child support.

Child support can be taken out of a pay check directly by an employer.  The employer then sends the money to the State Of New Hampshire which then pays the custodial parent.  Further, the non custodial parent can pay the State of New Hampshire the child support payments directly.

The benefit of paying the State of New Hampshire the child support payments is that since the payments are going through the State of New Hampshire there is a record of each payment that has been made.  This is particularly important when the custodial parent claims not to have received certain payments.  If the payments have been made through the State, there will be a record that will show whether the payments have been made or not.  Certainly, this same record could be shown through a series of canceled checks or receipts.  However, some people are not very good record keepers and they find themselves trying to locate canceled checks or receipts for the past three years.  While not an impossible task, it is a great deal simpler to simply have the State of New Hampshire print out the child support payment history that can then be presented to the Court.

Child support and visitation are separate issues and should never be used as leverage.  It is not uncommon for people to say they will not pay the child support if they are not allowed to visit with the children.  If you are not being permitted to visit with the children, play it smart and pay the child support.  Then go to Court and ask it to hold your spouse in contempt for refusing to let you visit with the children.  Conversely, if your spouse is not paying the child support do not withhold the children's visitation.  This is bad for the children.  Let the visitation schedule continue uninterrupted and go to Court and ask that your spouse be held in contempt of Court for failing to pay child support.

The failure to pay child support is now viewed as a serious offense.  If your spouse fails to make the required child support payments, go to Court immediately and complain.  The Divorce Law Group is experienced in taking deadbeat parents to Court for the purpose of getting them to pay the required child support.  What you do not want to do is wait several years and then take your spouse to Court for past due child support.  This is not because you do not have a right to take the deadbeat parent to Court.  Rather it is due to the fact that if the amount of money that is due you in past due child support become too large, it becomes virtually impossible to get paid.

It is far better to get regular child support payments than it is to try to collect on $30,000 that is due you in past due child support.  Therefore, it is critical to take a spouse who has failed to pay child support back to Court as soon as he or she misses their second or third child support payment.

Contact the Divorce Law Group if you have any questions regarding child support, the amount or collecting any past due sums.