How Long Child Support Arrears Last: Collection Limits, Back Support and Forgiveness in New Hampshire
A New Hampshire modification cannot alter arrears due before the motion was filed, and a change is effective only from notice. We found no limitation period in the sections we read, and an income assignment continues until arrears are paid.
Can New Hampshire child support arrears be changed?
Not by a later modification for the period before the motion was filed: no modification of a support order shall alter any arrearages due prior to the date of filing the motion (RSA 461-A:14, VIII). The way to limit arrears is to file a petition and give notice as soon as your circumstances change. Note that a change is effective only from notice (458-C:7, II).
| Question | New Hampshire rule |
|---|---|
| Changing arrears by modification | Not for periods before the motion was filed (461-A:14, VIII) |
| Interest | Simple judgment rate (336:1, II); department may waive on debt owed to it (161-C:23) |
| Income assignment after support ends | Continues until the arrears are eliminated (458-B:4, III; 458-B:10) |
| Lump sums | Subject to the assignment up to the arrears for a non-compliant obligor (458-B:4, III-a) |
| Time limit to collect | We found none in the sections we read; ask an attorney |
| Liens | By operation of law, filed without fee (461-A:14, VII) |
Do child support arrears expire in New Hampshire?
We found no limitation period for unpaid support in the sections we read, and we are not stating one. Each payment is a judgment when due and a lien arises by operation of law (461-A:14, VI-VII). Ask a licensed New Hampshire attorney how any judgment limitation or renewal rule applies to your debt.
Can the department compromise a debt?
The department may waive interest on support debt owed to it if that would help collect the debt (RSA 161-C:23). We found no rule in the sections we read that lets it cancel principal owed to the other parent. Ask in writing which part of your balance is owed to the State.
What happens to the income assignment when the child ages out?
If an arrearage continues to exist after the support obligation ends, the income assignment stays in effect until the arrearage is eliminated (RSA 458-B:4, III). The department ends the assignment when the obligation has terminated and arrears, if any, are paid (458-B:10).
Does asking for a modification stop collection?
No. It does not alter arrears due before the motion was filed (461-A:14, VIII), and a license certification is stayed only if the motion is filed within 21 days of the notice and could change the obligation or arrears.
Can a lump-sum payment be taken?
Where an obligor is not in compliance with a legal order of support, any lump-sum payment to the obligor is subject to an income assignment up to the arrearage (458-B:4, III-a). Plan for windfalls such as a settlement or bonus.
Is there a payment plan?
Compliance includes making periodic or lump-sum payments on arrears according to your ability to pay under a court order or a wage assignment (161-B:2, III). Ask for a written plan and keep every receipt.
Do arrears survive when the child turns 18?
Yes. Installments already owed stay owed. See the New Hampshire child support end date calculator.
What should you do about a large balance?
Get the official balance, compare it with the New Hampshire child support arrears calculator, ask for a payment plan, and if your circumstances changed, file a petition to modify right away.
Frequently asked questions
Can a New Hampshire modification forgive child support arrears?
No. It cannot alter arrearages due before the date the motion for modification was filed.
Do New Hampshire child support arrears expire?
We found no limitation period in the sections we read; ask a licensed attorney.
Can New Hampshire waive interest on child support debt?
The department may waive interest on support debt owed to it if that helps collection.
Does New Hampshire income assignment continue after support ends?
Yes, until the arrears are eliminated.
Do New Hampshire arrears survive when the child turns 18?
Yes. Installments already owed stay owed.
Official sources
- RSA 461-A:14: support; judgments; liens; arrears
- RSA 336:1: rate of interest
- RSA 161-C:23: interest on support debt owed to the department
- RSA 458-B:4: amount withheld
- RSA 161-B:2: definitions, including compliance
- RSA 161-B:11: revocation and denial of licenses
- 15 U.S.C. 1673: restriction on garnishment
- 42 U.S.C. 652(k): denial of passports
- RSA 458-B:10: termination of income assignment
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited New Hampshire statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New Hampshire attorney.