What If My Ex Won't Pay Alimony in New Hampshire? 2026 Enforcement Guide

When your ex-spouse refuses to pay court-ordered alimony in New Hampshire, you have powerful legal remedies under RSA 458:34 to compel compliance. New Hampshire courts can impose wage garnishment capturing up to 65% of disposable earnings, hold non-paying spouses in contempt with penalties including jail time, place liens on real property, suspend driver's licenses and professional licenses, and intercept tax refunds. The filing fee for a contempt motion is $225, and unpaid alimony accrues interest at 5.7% annually under RSA 336:1. These enforcement tools apply whether your ex lives in New Hampshire or has relocated to another state through the Uniform Interstate Family Support Act (RSA 546-B).

Key Facts: Alimony Enforcement in New Hampshire

Understanding Alimony Enforcement Rights in New Hampshire

New Hampshire law treats unpaid alimony as a serious violation of court orders, providing recipients with multiple enforcement pathways under RSA 458:34. The state's enforcement mechanisms include contempt of court proceedings, wage garnishment orders, property liens, license suspensions, and tax refund interception. These remedies exist because New Hampshire courts recognize that alimony orders represent binding legal obligations that support the financial stability of the receiving spouse during and after divorce.

The state calculates term alimony using a statutory formula of 23% of the difference between the parties' gross incomes under RSA 458:19-a, with a maximum duration of 50% of the marriage length. When a paying spouse fails to honor this obligation, the receiving spouse can pursue enforcement without waiting for multiple missed payments. A single missed payment creates enforceable arrears that accumulate interest at 5.7% annually.

Filing a Contempt Motion for Unpaid Alimony

Filing a Petition for Contempt costs $225 in New Hampshire Family Division Court, plus $135 certified mail costs for each party requiring notice. You must demonstrate that your ex-spouse had the ability to pay but willfully chose not to comply with the court order. The court distinguishes between civil contempt (designed to compel future compliance) and criminal contempt (designed to punish past violations).

To file for contempt, submit a Petition for Contempt along with a Personal Data Sheet to the Family Division of the Circuit Court in the county where your divorce was finalized. The petition must include specific information about the alimony order, the amount owed, payment history, and evidence that your ex has the financial ability to pay. Call the clerk's office at 1-855-212-1234 to confirm current filing fees and obtain filing instructions.

What to Include in Your Contempt Petition

• A certified copy of the original alimony order
• A detailed payment history showing missed or partial payments
• The total amount of arrears owed
• Evidence of the obligor's income and ability to pay
• Documentation of any communication regarding payments
• Your current contact information and Personal Data Sheet

Civil vs. Criminal Contempt in New Hampshire

Civil contempt aims to compel compliance with future payments and may result in fines or short-term incarceration until the obligor agrees to pay. The obligor can "purge" the contempt by making payment or agreeing to a payment plan. Criminal contempt is punitive, designed to uphold the court's authority, and may result in fines or jail time without the opportunity to cure the violation. Most alimony enforcement actions begin as civil contempt proceedings.

Wage Garnishment for Alimony Enforcement

Wage garnishment is the most effective enforcement tool for collecting spousal support in New Hampshire, allowing courts to order employers to withhold alimony directly from the paying spouse's paycheck under RSA 458-B. The Consumer Credit Protection Act limits garnishment to between 50% and 65% of disposable earnings, depending on whether the obligor supports other dependents. Courts apply a 50% cap when the paying spouse supports another spouse or child, and 65% when no other dependents exist.

Once a wage garnishment order is in place, the employer becomes legally obligated to withhold the specified amount and remit it directly to you or through the state disbursement unit. Employers who fail to comply with wage garnishment orders face penalties. The garnishment continues automatically until the alimony obligation ends or the court modifies the order.

Income Assignment Under RSA 458-B

Income assignment means the court assigns a portion of the payor's income directly to you. Unlike voluntary wage assignments, court-ordered income assignments are mandatory and apply to all forms of periodic compensation, including:

• Regular wages and salary
• Bonuses and commissions
• Retirement benefits
• Workers' compensation payments
• Unemployment benefits
• Self-employment income (through bank levies)

Placing Liens on Property for Unpaid Alimony

New Hampshire courts can place liens on the obligor's real estate, vehicles, bank accounts, and other assets to secure unpaid alimony under RSA 458:34. A lien creates a legal claim against the property, meaning the alimony arrears must be paid from the proceeds if the obligor sells the property. Property liens are particularly effective when wage garnishment is impractical, such as when the obligor is self-employed or has irregular income.

To obtain a property lien, file a motion with the court requesting the lien and identifying the specific property. Once granted, record the lien with the appropriate county registry of deeds for real property. The lien remains attached to the property until the debt is satisfied or the lien expires. New Hampshire judgment liens on real property generally last for 20 years and can be renewed.

License Suspension for Non-Payment

New Hampshire law authorizes the suspension of driver's licenses, professional licenses, and recreational licenses when a spouse falls significantly behind on alimony payments. This enforcement mechanism under RSA 458:34 creates immediate practical consequences that often motivate payment. The threat of losing a driver's license or professional certification frequently encourages obligors to establish payment plans or pay arrears in full.

Types of Licenses Subject to Suspension

• Driver's licenses issued by NH DMV
• Professional licenses (medical, legal, real estate, etc.)
• Recreational licenses (hunting, fishing, boating)
• Commercial driver's licenses

The court typically provides notice and an opportunity to pay before suspending licenses. Once suspended, the obligor must pay the arrears or establish a payment plan to have licenses reinstated.

Tax Refund Interception

New Hampshire participates in the Treasury Offset Program, which allows interception of federal and state tax refunds to collect alimony arrears. When arrears reach a certain threshold, the state can submit the debt for offset, meaning any tax refund owed to your ex-spouse will be redirected to pay the alimony debt. This remedy operates automatically once arrears are reported and requires no additional court filings from you.

Tax refund interception is particularly effective for collecting lump sums against accumulated arrears. The intercepted amount applies first to arrears, then to current support obligations. If your ex files a joint tax return with a new spouse, the new spouse may file an injured spouse claim to recover their portion of the refund.

Interest on Unpaid Alimony in New Hampshire

Unpaid alimony in New Hampshire accrues interest at 5.7% annually for 2026 under RSA 336:1. This judgment interest rate is calculated as the prevailing discount rate on 26-week U.S. Treasury bills plus 2 percentage points, rounded to the nearest tenth. The interest compounds your total claim against the obligor, making delayed enforcement increasingly costly for the non-paying spouse.

Recent New Hampshire Judgment Interest Rates

The interest rate applies from the date each payment was due, not from the date you file for enforcement. This means interest accumulates on each missed payment individually, which can significantly increase the total amount owed over time.

Interstate Enforcement Under UIFSA

If your ex-spouse has moved out of New Hampshire, you can still enforce your alimony order through the Uniform Interstate Family Support Act (RSA 546-B). UIFSA requires all states to recognize and enforce spousal support orders issued by other states. New Hampshire retains continuing exclusive jurisdiction over your alimony order even after your ex relocates, meaning modifications must generally occur in New Hampshire courts.

UISFA's most powerful feature for alimony enforcement is the income withholding order. Under UIFSA Article 5, you can send an income withholding order directly to your ex's out-of-state employer without registering the order in the new state or filing any court papers there. The employer must comply with the withholding order as if it were issued by their local court. This direct enforcement mechanism eliminates the delays and expenses of multi-state litigation.

Steps for Interstate Enforcement

1. Obtain a certified copy of your New Hampshire alimony order
2. Locate your ex-spouse's current employer
3. Send the income withholding order directly to the employer
4. If the employer refuses to comply, register the order in the other state
5. Seek enforcement through that state's courts if necessary

Documenting Non-Payment for Court

Strong documentation is essential for successful alimony enforcement in New Hampshire. Courts require clear evidence that payments were ordered, payments were missed, and the obligor had the ability to pay. Maintain a detailed payment log showing all ordered payments, actual payments received, dates, amounts, and any communications about payments. Bank statements, cancelled checks, and payment receipts provide objective proof of payment history.

Essential Documentation to Gather

• Certified copy of the divorce decree and alimony order
• Complete payment history with dates and amounts
• Bank statements showing deposits (or lack thereof)
• Written communications about payments (emails, texts)
• Evidence of obligor's income and assets
• Evidence of obligor's lifestyle inconsistent with claimed inability to pay

Penalties for Willful Non-Payment

Willful non-payment of alimony in New Hampshire can result in substantial penalties beyond the obligation to pay arrears. The court may order the obligor to pay your attorney's fees for bringing the enforcement action. Contempt findings can result in fines, and repeated or egregious violations may result in jail time. The court may also require the obligor to post a bond or security to ensure future payments.

Criminal contempt for alimony non-payment is reserved for cases involving deliberate and repeated refusal to pay despite clear ability. The court must find beyond a reasonable doubt that the obligor knowingly violated the order. Penalties for criminal contempt may include:

• Daily fines until compliance
• Jail sentences (typically days to weeks)
• Payment of recipient's attorney fees
• Posting of security bonds
• Additional court monitoring of payments

When Your Ex Claims Inability to Pay

Not all non-payment rises to the level of contempt. If your ex-spouse has experienced a genuine, substantial change in circumstances such as job loss, serious illness, or disability, they may have a legitimate defense to contempt charges. However, temporary inability to pay does not eliminate the alimony obligation or excuse the obligor from seeking a modification through proper legal channels.

Until the court grants a modification, the original alimony amount remains due and enforceable. Your ex cannot unilaterally reduce or stop payments based on changed circumstances. If your ex claims inability to pay, the court will examine their financial records, employment history, job search efforts, and lifestyle to determine whether the claim is genuine. Evidence of voluntary underemployment, hidden income, or lifestyle inconsistent with claimed poverty undermines inability claims.

Modification vs. Enforcement

Alimony enforcement and alimony modification are distinct legal processes in New Hampshire. Enforcement compels payment of the existing order, while modification changes the future amount or duration of alimony based on changed circumstances under RSA 458:19-aa. A modification requires proof of a substantial and unforeseeable change in circumstances by clear and convincing evidence.

Importantly, modification only affects future payments. Even if your ex successfully reduces their future alimony obligation, they remain responsible for all arrears that accumulated before the modification. Arrears cannot be retroactively reduced or eliminated. This is why prompt enforcement action is important: the longer you wait, the more difficult collection may become, but the debt itself does not disappear.

Fee Waivers for Low-Income Recipients

If you cannot afford the $225 filing fee for a contempt motion, New Hampshire courts allow you to request a fee waiver or reduction. File a written motion asking to pay a lower fee or file for free, and attach a financial statement documenting your income, expenses, and assets. The court will review your financial situation and may waive or reduce fees if you qualify.

To request a fee waiver, contact the court's Information Center at 1-855-212-1234 between 8:00 AM and 4:00 PM, Monday through Friday, or visit the courthouse in person. Courts recognize that alimony recipients seeking enforcement may be in difficult financial circumstances precisely because they are not receiving the support they were awarded.

Contempt vs. Uncontested Divorce Enforcement Comparison