Pursuant
to the State of New Hampshire’s orders due to concerns about the COVID-19
outbreak, many businesses are shut down and employees are out of work. While the federal and state governments are
working on stimulus packages and the expansion of unemployment benefits,
parties that are subject to Court orders for child support and/or
alimony may want to take some additional steps.
NH
RSA 458-C:7 permits parties to seek a modification of a child support order any
time there has been a substantial change in circumstances. The modification can become effective on the
date a party has provided “notice” of the request to modify to the other party.
“Notice” means service on the other party or acceptance of service by the other
party.
NH
RSA 458:19-aa permits parties to seek a modification of an alimony order when
there has been a substantial and unforeseeable change of circumstances since
the alimony order was entered.
The
Court has created a straightforward process to seek a modification of child
support or alimony. To seek a
modification, a party needs to prepare and file a Personal Data Sheet and a
Petition to Change Court Order with the Court. These forms can be found on the
Court’s website. https://www.courts.state.nh.us/fdpp/forms/index.htm.
As the Court will need to re-open the
original divorce or parenting case to address the modification request, the
filing party will be required to pay a $252.00 filing fee. If circumstances warrant, a Motion to Waive
Filing Fee can also be filed asking the Court to allow a party to file for a
modification without paying the filing fee. A completed and signed Financial
Affidavit must be filed at the same time. These forms can also be found on the
Court’s website.
After
the documents are filed with the Court
and a case is opened, the Court will issue instructions to have the other party
served. Once the other party has been
served, a child support
hearing will be scheduled.
Although
it is true that no hearings will be
scheduled until at least May, 4 2020 due to COVID-19, it is still important to
get the Petition to Change Court Order filed now. If a Petition is not filed,
the support obligation will continue to be owed and a substantial arrearage can
be accrued. Between the time of filing
the Petition to Change Court Order and receipt of the Court’s Orders, parties
need to do the best they can to fully comply with the child support or alimony
orders. A Court will not be happy to see
a party eating out, making large purchases, etc. while not paying his/her
support obligations.
Private
agreements between parties suspending the obligation to pay child support are not
enforceable unless approved by the Court.
If you and your child’s other parent reach an agreement to suspend or
modify the child support obligation, you must file a new Uniform Support Order
with the Court. Otherwise, the full amount of your obligation
will be owed.
If
you need help seeking a modification of your court ordered support obligations,
the family law
attorneys at Parnell, Michels & McKay
have the experience necessary to assist you. Contact us today.
