New Hampshire child support is governed primarily by RSA 458-C. The Family Division generally begins with the Child Support Guidelines but may deviate from the guideline amount when permitted by law and supported by the facts of a particular case.

How is child support calculated in New Hampshire?

Child support is generally calculated using the New Hampshire Child Support Guidelines found in RSA 458-C. The court considers each parent's income, the parenting schedule, health insurance costs, certain child care expenses, and other factors recognized by law. Although the guidelines establish a presumptive amount of support, the court may deviate from that amount when permitted by statute and when doing so is in the child's best interests.

Can parents agree to a different amount of child support?

Parents may reach agreements concerning child support, but the Family Division must approve any agreement affecting a child's right to support. The court will review the proposed agreement to determine whether it complies with New Hampshire law and adequately protects the child's interests. An agreement that substantially departs from the Child Support Guidelines may require additional findings before it can be approved.

 What income is included when calculating child support?

The court considers a parent's gross income as defined by New Hampshire law. Depending on the circumstances, this may include wages, salary, bonuses, commissions, self-employment income, overtime, rental income, certain investment income, retirement benefits, and other sources recognized under RSA 458-C. Accurate financial disclosures are essential because the support calculation depends upon reliable income information.

 Can the court use earning capacity instead of my actual income?

Yes. In some circumstances, the Family Division may attribute or impute income to a parent rather than relying solely on actual earnings. This may occur if a parent is voluntarily unemployed or underemployed without a legitimate reason. The court considers the parent's work history, education, job skills, employment opportunities, health, and other relevant evidence before determining whether income should be imputed under New Hampshire law.

Can child support be modified after the final divorce decree?

Yes. Child support may be modified when the legal requirements for modification are satisfied. Common reasons include a substantial change in either parent's income, a significant change in the parenting schedule, changes in health insurance or child care costs, or other circumstances recognized by RSA 458-C. Until the court enters a new order, the existing child support order remains in effect.

Who pays for a child's health insurance and uninsured medical expenses?

The Family Division generally addresses health insurance and the allocation of uninsured or unreimbursed medical expenses as part of every child support order. Depending on the family's circumstances, one or both parents may be required to maintain health insurance if reasonably available. The court may also allocate uninsured medical, dental, vision, counseling, and other qualifying healthcare expenses between the parents.

Who pays for child care expenses in New Hampshire?

Work-related child care expenses are often considered when determining child support. Depending on the circumstances, the Family Division may allocate daycare or child care costs between the parents in a manner that is fair and consistent with the Child Support Guidelines and the child's best interests.

 Does child support automatically end when a child turns 18?

Not always. The duration of child support depends on New Hampshire law and the specific court order. In many cases, support continues until the child reaches the age established by statute or graduates from high school if legally applicable. Parents should not stop making payments without reviewing the court order or obtaining legal advice.

 What happens if child support is not paid?

Failure to pay court-ordered child support can result in significant legal consequences. The Family Division may enforce support orders through contempt proceedings and other remedies authorized by law. Depending on the circumstances, enforcement efforts may also involve wage withholding, interception of tax refunds, liens, or other collection procedures.

 Can parents waive child support by agreement?

Generally, no. Child support belongs to the child, not the parents. While parents may reach agreements regarding support, the Family Division must determine whether the agreement complies with New Hampshire law and adequately protects the child's interests. The court is not required to approve an agreement that improperly limits a child's right to financial support.

 Can New Hampshire enforce a child support order from another state?

Yes. Through the Uniform Interstate Family Support Act (UIFSA), New Hampshire courts may register and enforce qualifying child support orders issued by another state. Likewise, New Hampshire child support orders may often be enforced in other states. Interstate support matters involve specialized procedural rules, so legal guidance is frequently beneficial.

 Do I need an attorney for a child support case?

Although individuals may represent themselves, child support disputes often involve complicated financial issues, statutory calculations, and procedural requirements. A knowledgeable New Hampshire family law attorney can help ensure that income is properly calculated, required documentation is presented, and any request for a deviation or modification is supported by the appropriate evidence.