Wage garnishment for support payments in New Hampshire is called "income assignment" and is governed by N.H. Rev. Stat. § 458-B. Employers must withhold child support or alimony from a paying parent's wages within 14 days of receiving an Income Withholding for Support order, capped at 50% to 65% of disposable earnings under federal law 15 U.S.C. § 1673(b).
Key Facts: Wage Garnishment for Support in New Hampshire
| Fact | Detail |
|---|---|
| Filing Fee (divorce) | $250 (no children) / $282 (with minor children) as of March 2026 |
| Waiting Period | No mandatory separation or cooling-off period before decree |
| Residency Requirement | Immediate if both domiciled in NH or defendant served in-state; otherwise 1 year (RSA 458:5) |
| Grounds | No-fault (irreconcilable differences) or fault-based |
| Property Division Type | Equitable distribution |
| Garnishment Statute | RSA 458-B (Income Assignment) |
| Maximum Withholding | 50%–65% of disposable earnings (15 U.S.C. § 1673(b)) |
| Employer Deadline | First pay period 14 days after IWO mailed |
Filing fees as of March 2026. Verify with your local Family Division clerk. A 3% surcharge applies to credit and debit card payments.
What Is Wage Garnishment for Support in New Hampshire?
Wage garnishment for support in New Hampshire is legally termed "income assignment" under N.H. Rev. Stat. § 458-B. It requires an employer to automatically deduct child support or alimony from an obligor's paycheck and forward it to the New Hampshire Division of Child Support Services or the payee. Income withholding is the most common collection method, applied to roughly 70% of child support cases nationwide.
New Hampshire distinguishes between two forms of income assignment. Administrative income withholding is initiated by the Department of Health and Human Services when a Title IV-D application is filed, under RSA 458-B:3. Judicial income assignment is ordered directly by the Circuit Court Family Division under RSA 458-B:9 as part of a divorce decree or support order. Both mechanisms produce the same result: an automatic wage deduction child support payment routed without the paying parent handling the money. The wage garnishment divorce New Hampshire process applies to wages, salary, commissions, bonuses, and other periodic compensation, ensuring support obligations are met before the obligor receives their net pay.
How Does an Income Withholding Order Work in New Hampshire?
An income withholding order in New Hampshire binds an employer within 14 days of mailing and continues until the agency sends a separate termination order. Under N.H. Rev. Stat. § 458-B:6, employers must begin the support enforcement wage deduction no later than the first pay period occurring 14 days after the notice was mailed, then remit funds each time the obligor is paid.
The income withholding order (Form DCSS 691A, the federal IWO) is sent directly to the employer by the Bureau of Child Support Services. Once received, the employer is legally bound and cannot stop the garnished wages alimony or child support deduction on its own — only a separate IWO marked "Termination of IWO" ends the obligation. The notice to the employer under RSA 458-B:6 specifies the exact amount to withhold, confirms the withholding has priority over any other legal process against the same income, and warns that the employer becomes liable for the full accumulated amount it should have withheld if it fails to comply. Employers may deduct an administrative fee of $1.00 per withholding under RSA 458-B:6 to offset processing costs.
What Are the Wage Garnishment Limits in New Hampshire?
The maximum wage garnishment for support in New Hampshire ranges from 50% to 65% of disposable earnings, incorporating federal limits under 15 U.S.C. § 1673(b). N.H. Rev. Stat. § 458-B:4 directs that the total amount withheld shall not exceed the federal Consumer Credit Protection Act ceilings rather than imposing a separate state cap.
The four-tier federal structure determines the exact percentage for any automatic wage deduction child support order. The percentage depends on whether the obligor supports a second family and whether they are more than 12 weeks behind on payments. "Disposable earnings" under RSA 458-B:1 means earnings remaining after legally required deductions such as taxes and Social Security — not voluntary deductions like retirement contributions or health insurance premiums. This definition mirrors the federal CCPA standard exactly, so the same calculation applies whether the order is administrative or judicial.
| Obligor Situation | Maximum Withholding |
|---|---|
| Supports second family, less than 12 weeks in arrears | 50% |
| Supports second family, more than 12 weeks in arrears | 55% |
| No second family, less than 12 weeks in arrears | 60% |
| No second family, more than 12 weeks in arrears | 65% |
When the arrearage due is less than 20% of the current support amount withheld, the employer withholds the full arrearage in addition to current support, per RSA 458-B:4.
How Is Alimony Collected Through Wage Garnishment in New Hampshire?
Alimony in New Hampshire is collected through wage garnishment using the same income assignment mechanism as child support under N.H. Rev. Stat. § 458-B. An income assignment for alimony assigns a portion of the payor's income directly to the recipient spouse. New Hampshire's statutory alimony formula generally sets payments at 23% of the difference between the parties' gross incomes under RSA 458:19-a.
When a paying spouse fails to comply with an alimony order, the Circuit Court Family Division can order an income assignment to deduct garnished wages alimony directly from the obligor's paycheck. This enforcement tool works alongside a motion for contempt, which can carry additional penalties if the court finds willful nonpayment. Combination orders covering both child support and spousal support are administered together when a Title IV-D application has been filed, under RSA 458-B:3. The 2018 alimony overhaul, effective January 1, 2019, established the current term-alimony framework, under which term alimony orders generally end when the payor reaches full retirement age under RSA 458:19-aa. The income withholding order for support enforcement wage deductions remains in effect until the alimony obligation ends or the court terminates the assignment.
What Happens to Wage Garnishment When You Change Jobs in New Hampshire?
When you change jobs in New Hampshire, the income withholding order does not automatically stop — your employer must notify the Division of Child Support Services, which issues a new IWO to your next employer. Under N.H. Rev. Stat. § 458-B, the support obligation continues uninterrupted, and any gap in withholding creates arrearages that accumulate against the obligor.
Employers are required to report when an employee with an active income withholding order terminates employment, and New Hampshire's new-hire reporting system flags re-employment quickly. Because the automatic wage deduction child support obligation follows the obligor rather than the employer, switching jobs offers no relief from the underlying debt. If a paying parent becomes unemployed, the support obligation does not pause — arrears continue to build, and the income assignment resumes the moment new wages are reported. Lump-sum payments such as severance or bonuses are also subject to garnishment up to the amount of any arrearage under RSA 458-B:4 when the obligor is not in compliance with the support order. Obligors who experience a genuine, substantial change in income should promptly file a modification request with the Family Division rather than simply stopping payment.
How Do You Stop or Modify Wage Garnishment for Support in New Hampshire?
You cannot unilaterally stop wage garnishment for support in New Hampshire — only a court order or a termination IWO from the Division of Child Support Services ends it under N.H. Rev. Stat. § 458-B:10. To reduce the amount, the obligor must file a modification petition with the Circuit Court Family Division demonstrating a substantial change in circumstances.
Termination of income assignment occurs when the support obligation ends — for example, when a child reaches the age of majority or an alimony term expires — but only if no arrearage remains. When an arrearage continues to exist after the underlying obligation ends, the income assignment stays in effect until the arrearage is fully eliminated, under RSA 458-B:4. Common grounds for modifying the wage garnishment divorce New Hampshire amount include involuntary job loss, a significant income reduction, a change in custody arrangements, or the emancipation of a child. Importantly, the obligor must continue paying the existing amount until the court formally modifies the order; the income withholding order remains binding on the employer until the agency issues a separate termination notice. Filing a modification petition does not automatically suspend the garnishment.
What Are an Employer's Obligations Under a New Hampshire Income Withholding Order?
A New Hampshire employer must implement an income withholding order within 14 days of mailing, remit withheld funds when the obligor is paid, and continue until receiving a termination order under N.H. Rev. Stat. § 458-B:6. Employers who fail to withhold become personally liable for the full accumulated amount they should have deducted.
New Hampshire law imposes strict duties on employers receiving an IWO. The employer must withhold the specified amount, observe the 50%–65% disposable earnings cap, and forward payments to the state disbursement unit or payee at the same time the obligor is paid. The income withholding order takes priority over any other legal process against the same income under RSA 458-B:6, meaning support comes before commercial garnishments. Employers may not retaliate against, discipline, or terminate an employee because of an income assignment — doing so exposes the employer to penalties. To offset administrative costs, the employer may deduct $1.00 per withholding. When the employee leaves, the employer must promptly notify the issuing agency so the support enforcement wage deduction can be redirected to the next employer. These obligations make employer compliance the backbone of New Hampshire's automatic support collection system.
How Does New Hampshire Enforce Out-of-State Wage Garnishment Orders?
New Hampshire enforces out-of-state wage garnishment orders through the Uniform Interstate Family Support Act, codified at N.H. Rev. Stat. § 546-B. An income-withholding order issued in another state can be sent directly to a New Hampshire employer, who must honor it as if a New Hampshire court issued it, applying the issuing state's terms within the federal 50%–65% cap.
UIFSA creates a streamlined interstate framework so that garnished wages alimony and child support orders cross state lines without requiring a new court case. Under RSA 546-B, an income-withholding order means an order or notice directed to an obligor's employer to withhold support from the obligor's income, including notices under RSA 458-B:6. When a New Hampshire employer receives an out-of-state IWO, it must apply the withholding limits and deduction timing of the issuing state, but New Hampshire's own procedural protections govern the mechanics of disbursement and employee notice. This system ensures that a parent who moves to or works in New Hampshire cannot escape a support enforcement wage deduction ordered elsewhere. Interstate cases are coordinated through the Bureau of Child Support Services, which acts as the responding agency for orders originating in other states.