New Hampshire child support laws are designed to ensure that both parents contribute to the financial support of their children.
Child support is generally determined under the New Hampshire Child Support Guidelines, which establish a standardized framework for calculating support based primarily on the parents’ incomes and other financial circumstances. The guidelines apply whether parents are divorcing or were never married.
The amount of child support can have a significant financial impact on both parents and directly affects the resources available to meet a child’s needs. An experienced New Hampshire child support lawyer can help ensure that income and other relevant financial information are properly considered and that the resulting support order accurately reflects New Hampshire law.
How Child Support Works in New Hampshire
New Hampshire child support is generally calculated under the guidelines in RSA 458-C, which are based on both parents sharing responsibility for the financial support of their children.
New Hampshire uses an income shares model, which is designed around the concept that children should receive a proportion of parental income similar to what they would have received if their parents lived together. The guidelines generally calculate a total support obligation based on the parents’ combined adjusted gross income and number of children, then allocate that obligation between the parents according to their respective incomes.
The Child Support Guidelines apply whether support is being established as part of a divorce or in a case involving parents who were never married. For parents going through a divorce, a New Hampshire divorce lawyer can address child support along with the other financial and parenting issues involved in the case.
Child support generally continues until a child reaches age 18. If the child is still a full-time high school student or enrolled in another qualifying secondary education program at age 18, support generally continues until graduation or two months after the child turns 19, whichever occurs first. Different rules may apply in certain circumstances, including for a child with disabilities.
The court can also enter a temporary child support order while a divorce or parenting case is pending, and the Child Support Guidelines apply to temporary orders as well as final orders. Learn more about temporary support and other temporary orders in New Hampshire family law cases.
How Child Support Is Calculated in New Hampshire
New Hampshire child support is calculated using both parents’ incomes, the number of children, allowable adjustments, and the formula established by the Child Support Guidelines.
Gross income is broadly defined and can include wages, salaries, commissions, bonuses, self-employment and business income, rental and investment income, pensions, certain government benefits, and other sources. Certain deductions are then applied in determining the income used for the child support calculation.
If a parent voluntarily becomes unemployed or underemployed, the court may, in appropriate circumstances, attribute income based on that parent’s earning capacity. The law contains exceptions, including when the parent is physically or mentally incapacitated, and incarceration cannot be treated as voluntary unemployment.
Parenting time can also affect the amount of child support. Under the current guidelines, different considerations apply to approximately equal and substantially shared parenting schedules, particularly when the parents have substantially similar incomes. A parenting schedule does not automatically eliminate child support, and the court must consider the circumstances specified by RSA 458-C. Learn more about child custody and legal custody in New Hampshire.
Existing support obligations can also affect the calculation. For example, court-ordered child support or alimony actually paid to others is deducted in determining adjusted gross income.
For a more detailed explanation of the guidelines and calculation process, read our guide to New Hampshire child support law.
Additional Child-Related Expenses
A New Hampshire child support order may address certain expenses for a child in addition to the basic child support payment.
New Hampshire law specifically addresses health care. Child support orders must include findings concerning health care coverage and the payment of uninsured medical expenses, and the court determines whether available health coverage is reasonable and accessible.
Other child-related expenses can also become relevant depending on the circumstances and the parents’ agreement, including:
- Child care: The Child Support Guidelines expressly address work-related child care expenses.
- Uninsured medical expenses: Parenting arrangements and support orders may allocate responsibility for a child’s uninsured health care costs.
- Extracurricular activities: Parents may agree on how to share expenses for sports, activities, camps, and similar costs.
- Extraordinary educational expenses: When determining whether an adjustment to the Child Support Guidelines is appropriate, courts may consider ongoing extraordinary education expenses, including expenses related to a child’s special needs.
Clearly addressing responsibility for expenses beyond basic child support can help parents understand their respective obligations and reduce future disagreements.
Modifying a Child Support Order
You may request a review of a New Hampshire child support order after three years without showing a change in circumstances, or earlier if a substantial change justifies modification.
Either parent may request a review three years after the most recent child support order without having to prove a substantial change in circumstances. A parent does not have to wait three years, however, if circumstances substantially change after the court issues the existing order.
Depending on the facts, circumstances supporting an earlier modification may include:
- Income changes: A significant increase or decrease in either parent’s income.
- Employment changes: Job loss, reduced earnings, or other meaningful changes in employment.
- Disability or health changes: A significant change affecting a parent’s ability to earn income or meet support obligations.
- Parenting arrangement changes: Changes in parenting time or residential responsibility that materially affect the circumstances underlying the existing support order.
- Changes involving the child: Circumstances affecting the child that materially alter the financial considerations underlying the existing order.
There is no fixed percentage or dollar amount that automatically establishes a substantial change in circumstances. Whether a change is substantial depends on the particular facts. New Hampshire law expressly addresses support termination in multi-child orders. The termination of support for one child constitutes a substantial change for purposes of modification.
A parent seeking modification generally files a request with the court or, in certain cases, the Department of Health and Human Services. A modification generally cannot take effect before the other parent receives notice of the petition. Parents should not assume that changed income or circumstances automatically change the amount they owe or receive.
Changes in child support can also affect other financial obligations. For example, child support may be a factor in determining alimony. New Hampshire law permits courts to recalculate alimony when child support changes or ends. This does not require the usual statutory test for modifying alimony.
Enforcing a Child Support Order
New Hampshire child support orders can be enforced through the court. Administrative enforcement measures may also apply when a parent fails to pay support.
Depending on the circumstances, enforcement may include:
- Income withholding: The paying parent may make child support payments directly from their wages or other income.
- Contempt proceedings: A parent may ask the court to enforce an existing child support order through a motion for contempt.
- Liens and other collection methods: Past-due support may result in liens against certain property and other collection remedies authorized by New Hampshire law.
- Additional enforcement measures: In appropriate cases, state enforcement procedures can include tax refund interception and reporting arrearages to credit agencies. They can also include the suspension or denial of certain licenses.
A parent who is unable to comply with an existing support order should not simply stop paying. Unless the court modifies the order, the existing obligation generally remains enforceable. Seek a modification promptly when circumstances materially change.
An experienced New Hampshire child support attorney can help a parent pursue unpaid support. The attorney can also represent a parent facing enforcement or contempt proceedings.
Speak with a New Hampshire Child Support Attorney
An experienced New Hampshire child support lawyer can help you understand your rights and obligations. They can pursue a support order that accurately reflects New Hampshire law.
Whether you are establishing child support for the first time or seeking to modify an existing order, Turco Legal can help. Our New Hampshire family law attorneys also assist with unpaid support and enforcement actions. They explain applicable guidelines and advocate for your interests.
Our Manchester child support attorneys represent parents in child support and other family law matters throughout New Hampshire.
Contact Turco Legal today at 603-932-5032 or schedule a free 30-minute consultation with a New Hampshire family law attorney.
Frequently Asked Questions About Child Support in New Hampshire
How much does child support cost for one child in New Hampshire?
There is no fixed child support amount for one child in New Hampshire. The Child Support Guidelines calculate the amount using the parents’ incomes and other applicable factors. Courts generally follow the guideline amount unless circumstances justify an adjustment.
How do I calculate child support in New Hampshire?
New Hampshire calculates child support using the formula and guidelines under RSA 458-C. The calculation considers both parents’ incomes, allowable deductions and adjustments, and the number of children. In appropriate cases, it also considers the parents’ parenting schedule and other circumstances recognized by the guidelines.
Do I need to pay college expenses in New Hampshire?
New Hampshire courts generally cannot require a parent to contribute to an adult child’s college expenses. This restriction applies to child support orders. Parents may voluntarily agree to contribute to college or other post-high-school educational expenses. A qualifying agreement can be enforceable when incorporated into a court-approved decree.
How does parenting time affect child support?
Parenting time can affect child support in New Hampshire. However, an equal or nearly equal parenting schedule does not automatically eliminate child support. The current guidelines contain specific rules for substantially shared and approximately equal parenting schedules. They consider the parents’ relative incomes and financial circumstances of maintaining the child in both households.