How New Hampshire Collects Unpaid Child Support: Wage Garnishment, License Suspension and Passport Denial
If you don’t pay child support in New Hampshire, each payment is a judgment with a lien on your property, wages can be assigned with at least 20% extra toward arrears, and a license can be certified when you are 60 or more days in arrears in department cases.
What happens if you don’t pay child support in New Hampshire?
Each payment is a judgment when due (RSA 461-A:14, VI), a lien arises by operation of law against real and personal property for arrears and for unpaid support that accrues later, and notices of liens are filed with the secretary of state for personal property and the registry of deeds for real property, with no fee (461-A:14, VII). The department can also use income assignment and license certification.
How does New Hampshire income assignment work?
All support orders must provide for assignment of the responsible parent’s wages, subject to listed exceptions (461-A:14, III). The amount withheld includes the current support plus at least 20% of it toward arrears, or the full arrears if smaller, and continues after the support obligation ends until the arrears are eliminated (458-B:4, III). Lump-sum payments to a non-compliant obligor can be taken up to the arrears (III-a).
How much of my paycheck can New Hampshire take?
The total withheld cannot exceed the federal limits (458-B:4, IV): 50% or 60%, and 55% or 65% for support more than 12 weeks overdue (15 U.S.C. 1673(b)).
| If the person | Limit | If support is more than 12 weeks overdue |
|---|---|---|
| Supporting a spouse or another child | 50% | 55% |
| Not supporting a spouse or another child | 60% | 65% |
Can New Hampshire take unemployment benefits?
Yes. When support is payable through the department and the obligor receives unemployment compensation, 20% of the weekly benefit, any benefits up to that, or the amount of the support order, whichever is less, is withheld; the obligor can volunteer more and a court can order more (458-B:4, V).
When can a license be certified?
The department may certify to a licensing board that an obligor is not in compliance, after notice, if the obligor ignores the notice for 21 days. Compliance means fewer than 60 days in arrears on support payable through the department with required health insurance, or making ongoing payments and payments toward arrears as ordered, or having a wage assignment that addresses arrears (161-B:2, III; 161-B:11, III). Licenses include professional, driver’s and hunting and fishing licenses (161-B:2, VIII).
How do I contest a New Hampshire license certification?
Ask for a supervisory review in writing within 21 days of service, on mistake of fact or compliance; ask for an administrative hearing within 30 days of the decision; appeal to superior court within 30 days. Certification is stayed if you filed a motion to modify within 21 days that could change the obligation or arrears (161-B:11, III). The board must notify you within 10 days of certification (IV).
What about passports?
If a state agency certifies that a person owes child support arrearages of more than $2,500, federal law requires refusal of a passport (42 U.S.C. 652(k)). The New Hampshire arrears calculator warns when the unpaid principal passes that figure.
What should you do if you owe?
Respond to every notice within 21 days, keep an income assignment in place, add up the balance in the New Hampshire child support arrears calculator and, if your circumstances changed, file a petition to modify right away.
Frequently asked questions
What happens if you don’t pay child support in New Hampshire?
Each payment is a judgment, a lien arises on your property, and the department can use income assignment and license certification.
How long do I have to respond to a New Hampshire license notice?
Twenty-one days to ask for a supervisory review, or to file a motion to modify, before certification.
Can New Hampshire take lump-sum payments for child support arrears?
Yes. Lump sums paid to a non-compliant obligor are subject to the income assignment up to the arrears.
Does a New Hampshire motion to modify stop license certification?
Yes, if filed within 21 days of the notice and the court could change the obligation or arrears.
When can the passport of a New Hampshire parent who owes child support be denied?
When arrears above $2,500 are certified under federal law.
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
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.