DivorceMag: New Hampshire FAQs

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Frequently Asked Questions About Divorce

"I want to take advantage of an affordable rental housing program. Do I qualify?"

Possibly, but it all depends on your circumstances and financial details, because the programs depend on income levels and, often, the number of people in the household as well. Here’s a brief snapshot of two programs:

"My husband is unemployed and says he can't pay the child and/or spousal support he owes me. Is there anything I can do?"

Divorce lawyers Stacy Phillips and Ram Cogan answer: "In these difficult economic times, requests for downward modifications of child and spousal support (including post-Judgment requests) have skyrocketed. In fact, an article in the New York Times in March highlighted this phenomenon and the resulting dilemma faced by family law courts. Unfortunately, when a spouse legitimately loses his/her job (most often the principle source of income for that party), not much can be done to avoid at least a reduction in the amount of support paid.

That is not to say that you should simply "give up". Difficult economic times call for creative solutions -- i.e., thinking outside the box. First, it is crucial that you obtain verification of unemployment and the reasons therefore..."

"I've been ordered to pay an amount of child and/or spousal support that I can't afford. What are my options?"

Family law attorney Robyn Santucci answers: "You have several options, depending on your circumstances. If you currently have a court order requiring you to pay either child or spousal support, the order must be modified by a subsequent court order. Otherwise, your monthly obligation to pay child and/or spousal support in the same amount will continue to accrue on a monthly basis, until such time as a court order modifying your obligation is entered. Do not simply stop paying support or decrease your payments on your own. This could subject you to compounding interest and other penalties, as well as enforcement procedures, which could detrimentally impact your credit or your driver's license, or subject you to liens, levies, or revenue recapture by the IRS..."

"I have a child-support order and a wage assignment in place to ensure payment from my son's father?"

Divorce attorney Marshall Waller answers: "You have many choices in this context. You can consider filing an order to show cause regarding contempt. This procedure, however, is designed primarily to punish the paying party, as opposed to generating cash flow. The hoped-for intention with a contempt proceeding (usually) is that the paying party, to avoid jail, will simply do as the court orders and pay support. This is a complicated procedure, however, and many lawyers are unfamiliar with the technicalities involved, so I would approach it either very carefully on your own or with an attorney who has a lot of experience doing this..."

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