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Family Lawyer New Hampshire: Expert Tips on Spousal Support Enforcement and Maximizing Compensation

Understanding Spousal Support (Alimony) in New Hampshire

Spousal support, often referred to as alimony in other jurisdictions, is a financial provision one spouse may be ordered to pay to the other following a divorce in New Hampshire. Unlike child support, which is governed by strict guidelines, spousal support determinations are highly fact-specific and depend on a variety of factors. It's crucial to understand these factors to properly assess your potential rights and obligations.

Factors Considered by New Hampshire Courts

New Hampshire courts, guided by RSA 458:19, consider numerous factors when determining whether to award spousal support, and if so, its amount and duration. These include:

  • ⚖️ The length of the marriage.
  • 💰 The age, health, social or economic status, occupation, amount and sources of income, property awarded, vocational skills, employability, estate, liabilities, and needs of each of the parties.
  • 🏫 The opportunity of each party for future acquisition of capital assets and income.
  • 👪 The ability of the supported spouse to provide for their own needs independently.
  • 📜 The fault of either party if such fault caused the divorce. Note that New Hampshire is a "no-fault" divorce state, meaning a divorce can be granted without proving wrongdoing. However, marital misconduct can still be a factor in spousal support decisions.
  • 🏠 The value of property respective spouses received during divorce.

Types of Spousal Support in New Hampshire

While the statute doesn't explicitly define different "types," spousal support in New Hampshire can generally be categorized based on its purpose and duration:

  • Temporary Support: Awarded during the divorce proceedings to help maintain the financial status quo.
  • Rehabilitative Support: Intended to provide support while a spouse gains education or job skills to become self-sufficient. The court often sets a specific end date for this type of support.
  • Permanent Support: Less common, this may be awarded in long-term marriages where one spouse is unable to become self-supporting due to age, health, or other factors. It's not truly "permanent" as it can be modified or terminated under certain circumstances.
  • Lump Sum Support: A one-time payment instead of ongoing payments.

Enforcing Spousal Support Orders in New Hampshire

A spousal support order is a legally binding court order. If the paying spouse (the "obligor") fails to make payments as ordered, the receiving spouse (the "obligee") has several enforcement options available in New Hampshire. It's vital to act promptly and decisively to protect your financial interests.

Available Enforcement Mechanisms

  • Contempt of Court: This is a common method. If the obligor willfully disobeys the court order, they can be held in contempt. This can result in fines, jail time, or both. You will need to file a motion for contempt with the court and demonstrate that the obligor had the ability to pay but chose not to.
  • Wage Garnishment: 🏦 The court can order the obligor's employer to withhold a portion of their wages and send it directly to the obligee. This is often the most effective method for ensuring consistent payments.
  • Liens on Property: 🏡 A lien can be placed on the obligor's real estate or other assets. If the obligor sells the property, the spousal support arrears must be paid from the proceeds.
  • Seizure of Assets: 🚗 The court can order the seizure and sale of the obligor's assets to satisfy the debt.
  • Suspension of Licenses: New Hampshire law allows for the suspension of the obligor's driver's license, professional licenses, or recreational licenses if they are in arrears.

Steps to Take When Spousal Support Payments are Missed

  1. Document Everything: Keep meticulous records of all payments received and missed. This includes dates, amounts, and method of payment.
  2. Send a Demand Letter: A formal demand letter from your attorney can sometimes prompt the obligor to resume payments.
  3. File a Motion for Enforcement: If the demand letter is unsuccessful, file a formal motion with the court to enforce the spousal support order.

Important: There are statutes of limitations for enforcing support orders. Don't delay in taking action!

Maximizing Your Spousal Support Award in New Hampshire

Whether you are seeking spousal support or defending against a claim, strategic planning and preparation are essential. Here are some tips for maximizing your chances of a favorable outcome:

For the Spouse Seeking Support (Obligee)

  • Gather Financial Documentation: 🧾 Collect all relevant financial records, including bank statements, tax returns, pay stubs, and investment account statements. This documentation is crucial for proving your needs and the other spouse's ability to pay.
  • Document Your Contributions to the Marriage: Even if you were not the primary wage earner, highlight your contributions to the marriage, such as raising children, managing the household, or supporting your spouse's career. These contributions can be considered when determining spousal support.
  • Demonstrate Your Efforts to Become Self-Supporting: If you are seeking rehabilitative support, show that you are actively pursuing education, job training, or employment opportunities.
  • Assess Future earning potential: Prove Your current earning limitations.
  • Be Realistic: Understand the factors the court will consider and have realistic expectations about the amount and duration of support you are likely to receive.

For the Spouse Potentially Paying Support (Obligor)

  • Analyze Your Financial Situation: 📊 Thoroughly review your income, expenses, and assets. This will help you understand your ability to pay support.
  • Consider the Length of the Marriage: The longer the marriage, the more likely spousal support will be awarded.
  • Present a Reasonable Budget: Demonstrate your own financial needs and expenses. This can help the court determine a fair support amount.
  • Explore Settlement Options: Negotiating a settlement with your spouse can often lead to a more predictable and favorable outcome than going to trial.
  • Do not hide assets: Attempting to hide assets will ultimately hurt your case.

Modifying Spousal Support Orders in New Hampshire

A spousal support order is not necessarily set in stone. It can be modified if there has been a "substantial change in circumstances" since the original order was issued. Common examples of substantial changes include:

  • A significant increase or decrease in either spouse's income.
  • The remarriage of the receiving spouse. (Note: This typically terminates spousal support automatically.)
  • A significant change in either spouse's health.
  • The receiving spouse becoming self-supporting.

To modify a spousal support order, you must file a motion with the court and prove that a substantial change in circumstances has occurred. The burden of proof is on the party seeking the modification.

Tax Implications of Spousal Support

Tax laws regarding spousal support have changed in recent years. For divorces finalized after December 31, 2018, spousal support payments are no longer deductible by the payer and are not considered taxable income to the recipient. It is essential to consider these tax implications when negotiating a spousal support agreement.

For divorces finalized before January 1, 2019, the old rules apply: spousal support payments are deductible by the payer and taxable to the recipient.

The Role of a Family Law Attorney

Navigating spousal support issues in New Hampshire can be complex and emotionally challenging. A qualified family law attorney can provide invaluable assistance by:

  • Explaining your rights and obligations under New Hampshire law.
  • Gathering and presenting evidence to support your case.
  • Negotiating with the other spouse or their attorney.
  • Representing you in court.
  • Ensuring that your best interests are protected.

Choosing the right attorney is crucial. Look for an attorney with experience in New Hampshire family law, a strong understanding of spousal support principles, and a commitment to providing personalized and compassionate representation.

Strategies for Spousal Support Cases

There are some strategies which can be used depending on your situation.

  • Vocational Evaluation:If there is a question about the receiving spouse's ability to earn income, a vocational evaluation can be performed to assess their earning potential.
  • Forensic Accounting: If there are concerns about hidden income or assets, a forensic accountant can be hired to investigate.
  • Mediation: Mediation can be a helpful way to resolve spousal support issues outside of court. A neutral mediator can help the parties reach a mutually agreeable settlement.

Spousal Support and Cohabitation

In New Hampshire, cohabitation can be a factor in modifying or terminating spousal support. If the receiving spouse is living with another person and receiving financial support from that person, the court may reduce or terminate spousal support. However, the specific facts and circumstances of each case will be considered.

Common Mistakes to Avoid

  • Failing to Gather Evidence: It is essential to gather all relevant financial documents and other evidence to support your case.
  • Making Decisions Based on Emotion: Divorce is an emotional process, but it is important to make decisions based on logic and reason, not emotion.
  • Hiding Assets: Hiding assets is illegal and can have serious consequences.
  • Not Seeking Legal Advice: It is always advisable to seek legal advice from a qualified family law attorney.

Resources for Family Law in New Hampshire

  • New Hampshire Bar Association: Provides information and resources for finding a qualified attorney.
  • New Hampshire Judicial Branch: Offers access to court forms, rules, and other information.
  • Local Legal Aid Organizations: Provide free or low-cost legal services to eligible individuals.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.

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