New Hampshire Child Support Laws and Guidelines

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New Hampshire Child Support Laws and Guidelines

Child support is a critical issue for many families in New Hampshire and throughout the United States. Also referred to as Child maintenance, the laws exist to ensure that children receive the financial support they need to thrive and reach their full potential. In New Hampshire, these laws are designed to help cover the costs of raising a child.

Whether you are a parent seeking to establish or modify a child support order in NH, or a noncustodial parent looking to understand your responsibilities and rights, this article will provide valuable information and guidance.

In this article, we will explore the laws and regulations surrounding child maintenance in New Hampshire, including how it is calculated and enforced, and provide resources for those seeking help with child support issues.

What are New Hampshire Child Support Laws?

In New Hampshire, child support is the financial contribution that a parent makes towards the expenses of raising their child. The state has established guidelines for determining the amount of child support that should be paid, based on the income and other financial resources of the parents and the needs of the child.

Under New Hampshire law, both parents have a legal obligation to support their children financially, regardless of whether they are married, divorced, or never married. The state’s child support guidelines take into account the income of both parents, the number of children being supported, and the amount of time each parent spends with the child. The guidelines also consider any extraordinary expenses, such as medical or educational expenses, that may be incurred on behalf of the child.

In New Hampshire, child support orders are typically issued by the court as part of a divorce or separation proceeding, or as part of a paternity action. The court may also modify a child support order if there has been a significant change in the financial circumstances of either parent.

Purpose and Use of Child Maintenance in NH

The general purpose of child support in NH includes:

To ensure that children receive the financial support they need to thrive and reach their full potential
To cover the costs of food, housing, clothing, healthcare, and other essential expenses for the child

How Child Support is Calculated in NH

In New Hampshire, child support is calculated using the state’s child support guidelines, which are based on the “income shares” model. Under this model, the total amount of child support that is required to meet a child’s needs is calculated based on the combined income of both parents. The amount of support that each parent is responsible for paying is then determined based on their relative income and the amount of time they spend with the child.

To calculate child support in New Hampshire, the following steps are typically followed:

Determine the gross income of each parent. This includes income from all sources, such as wages, salaries, commissions, self-employment income, and any other income.
Deduct certain allowable deductions from each parent’s gross income, such as taxes and certain employment-related expenses.
Calculate the combined gross income of both parents.
Determine the child support obligation using the state’s child support guidelines, which provide a table of basic child support obligations based on the combined gross income of the parents and the number of children being supported.
Determine the proportion of the combined gross income that each parent is responsible for paying. This is typically done by dividing each parent’s gross income by the combined gross income of both parents.
Calculate the amount of child support that each parent is responsible for paying based on their proportionate share of the combined gross income and the basic child support obligation.

New Hampshire Child Support Calculator

The New Hampshire Child Support Calculator is a tool that is used to determine the amount of child support that should be paid in a particular case. The calculator takes into account the income of both parents, the number of children involved, and the amount of time each parent spends with the children.

To use the New Hampshire Child Support Calculator, you will need to input certain information about your case, including the gross income of both parents, the number of children involved, and the amount of time each parent spends with the children. The calculator will then use this information to determine the amount of child support that should be paid based on the state guidelines.

Factors that may Affect the Amount of Child Maintenance in New Hampshire

Income of both parents: The income of both parents is a significant factor in determining the amount of child maintenance in New Hampshire. The guidelines use a percentage of the combined gross income of both parents to determine the basic child support obligation.
The number of children: The number of children for whom child maintenance is being calculated is another important factor. The guidelines use a different formula for each number of children, so it is important to accurately determine the number of children involved.
Amount of time each parent spends with the children: The amount of time each parent spends with the children can also affect the amount of child maintenance that is paid. The guidelines provide a formula for determining the amount of child support that each parent should pay based on their respective incomes and the amount of time they spend with the children.
Special circumstances: The court may deviate from the guidelines in certain circumstances, such as when the income of one parent is significantly higher or lower than the guidelines suggest, or when the child has extraordinary medical or educational expenses.
Changes in circumstances: Child maintenance orders may be modified by the court if there is a significant change in circumstances, such as a change in the income of either parent or a change in the amount of time each parent spends with the children.

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Challenging Child Support Assessment in NH

There may be times when a parent wishes to challenge a child support assessment in New Hampshire. There are a few different ways that a parent may do this:

Request a review: If a parent believes that there has been a mistake in the calculation of the child support assessment, they can request a review of the assessment. The parent should provide any documentation that they believe supports their claim, such as proof of income or changes in circumstances.
File a petition to modify the child support order: If a parent believes that there has been a significant change in circumstances that warrants a modification of the child support order, they can file a petition with the court to modify the order. This may include changes in income, changes in the amount of time each parent spends with the children or other significant changes.
Seek the guidance of an experienced family law attorney: It is always a good idea to seek the guidance of an experienced family law attorney if you have questions or need help with child support issues in New Hampshire. An attorney can help you understand your rights and options and can represent you in court if necessary.

Modifying a Child Support Order in New Hampshire

There may be times when a parent wishes to modify a child support order in New Hampshire. This could be because of a change in circumstances.

To modify a child support order in New Hampshire, the following steps are generally followed:

File a petition to modify the child support order: A parent who wishes to modify a child support order must file a petition with the court that issued the original order. The petition should include information about the proposed changes and the reasons for seeking the modification.
Serve the petition on the other parent: The parent who filed the petition must serve the petition on the other parent, either personally or through a process server.
Attend a hearing: The court will schedule a hearing to consider the petition to modify the child support order. Both parents should attend the hearing and be prepared to present evidence and argue their case.
Wait for a decision: After the hearing, the court will consider the evidence and arguments presented and will issue a decision on the petition to modify the child support order.

Factors that may Warrant a Modification

There are a few different factors that may warrant a modification of a child support order in New Hampshire:

Change in income: A significant change in the income of either parent may warrant a modification of the child support order. This could include a significant increase or decrease in income, such as a promotion or a job loss.
Change in the amount of time each parent spends with the children: A change in the amount of time each parent spends with the children may also warrant a modification of the child support order. For example, if one parent begins to have the children overnight more frequently, this may warrant a modification of the child support order.
Change in the needs of the child: A change in the needs of the child may also warrant a modification of the child support order. For example, if the child develops a medical condition that requires additional healthcare expenses, this may warrant a modification of the child support order to cover these additional expenses.
Other significant changes in circumstances: Any other significant changes in circumstances that may affect the ability of one parent to pay child support or the needs of the child may also warrant a modification of the child support order.

Process for Requesting Child Maintenance Order Modification in New Hampshire

To request a modification of a child support order in New Hampshire, the following steps are generally followed:

File a petition to modify the child support order: A parent who wishes to modify a child support order must file a petition with the court that issued the original order. The petition should include information about the proposed changes and the reasons for seeking the modification.
Serve the petition on the other parent: The parent who filed the petition must serve the petition on the other parent, either personally or through a process server.
Attend a hearing: The court will schedule a hearing to consider the petition to modify the child support order. Both parents should attend the hearing and be prepared to present evidence and argue their case.
Wait for a decision: After the hearing, the court will consider the evidence and arguments presented and will issue a decision on the petition to modify the child support order.

How to Collect and Enforce Child Support in NH

There are a few different ways that a parent can collect and enforce child support in New Hampshire:

Income withholding: In most cases, child support is paid through income withholding, which means that the noncustodial parent’s employer is required to deduct the amount of child support from the parent’s paycheck and send it to the custodial parent.
Liens: If the noncustodial parent fails to pay child support, the custodial parent may be able to place a lien on the noncustodial parent’s property, including their home, vehicle, or bank accounts.
Garnishment: The custodial parent may be able to garnish the noncustodial parent’s wages or other sources of income, such as their social security benefits or workers’ compensation payments.
Contempt of court: If the noncustodial parent fails to pay child support as ordered by the court, they may be found in contempt of court and may face consequences such as fines, jail time, or other penalties.
Assistance from the Office of Child Support Enforcement: The Office of Child Support Enforcement (OCSE) is a state agency that can help parents collect and enforce child support orders. The OCSE can assist with income withholding, locating non-custodial parents, and enforcing child support orders through legal action.

The Impact of COVID-19 on Child Support Payments and Enforcement in NH

The COVID-19 pandemic has had a significant impact on child support payments and enforcement in New Hampshire and across the United States. Many parents have experienced financial hardships as a result of the pandemic, which may affect their ability to pay child support. At the same time, the pandemic has disrupted normal court operations, making it more difficult to enforce child support orders.

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Here are a few ways that COVID-19 has impacted child support payments and enforcement in New Hampshire:

Financial hardship: Many parents have experienced financial hardship as a result of the pandemic, including job loss, reduced income, or increased expenses. This may make it more difficult for some parents to pay child support as ordered by the court.
Court disruptions: The pandemic has disrupted normal court operations, including child support hearings. This may make it more difficult to enforce child support orders or modify existing orders.
Payment relief: Some states, including New Hampshire, have implemented payment relief measures to help parents who are struggling to pay child support due to the pandemic. These measures may include temporary suspension of payment requirements, reduced payment amounts, or other measures.
Enforcement challenges: The pandemic has also made it more challenging to enforce child support orders through normal means, such as income withholding or garnishment. This may make it more difficult for custodial parents to receive the child support payments they are entitled to.

Temporary Changes to NH Child Support Laws and Guidelines During the Pandemic

There have been several temporary changes to New Hampshire child support laws and guidelines during the COVID-19 pandemic. These changes were implemented to help parents who were struggling to pay child support due to the financial hardships caused by the pandemic.

Here are a few examples of temporary changes to New Hampshire child support laws and guidelines during the pandemic:

Suspension of payment requirements: Some child support orders have been temporarily suspended, which means that parents are not required to make payments until further notice. This may be done on a case-by-case basis, depending on the individual circumstances of the case.
Reduced payment amounts: In some cases, child support payments have been temporarily reduced to reflect the financial impact of the pandemic. This may be done on a case-by-case basis, depending on the individual circumstances of the case.
Payment relief measures: The state of New Hampshire has implemented payment relief measures to help parents who are struggling to pay child support due to the pandemic. These measures may include temporary suspension of payment requirements, reduced payment amounts, or other measures.

Resources for Parents Seeking Information and Assistance with Child Support Issues

Here is a summary of the resources available to parents in New Hampshire seeking information and assistance with child support issues:

The Department of Health and Human Services (DHHS): DHHS administers the child support program in the state and can provide information on how to establish, modify, or enforce a child support order, as well as assist with the collection of child support payments.
The New Hampshire Family Division of the Superior Court: This court has jurisdiction over child support cases in the state and can provide information on the child support process and assist with the filing of a child support petition.
Legal aid organizations: Organizations such as New Hampshire Legal Assistance and the New Hampshire Bar Association’s Lawyer Referral Service may be able to provide assistance to parents seeking information or representation in a child support matter.

The Role of New Hampshire Child Support Agencies in Enforcing Orders

In New Hampshire, the Department of Health and Human Services (DHHS) is responsible for enforcing child support orders. DHHS has a number of tools and resources at its disposal to help ensure that child support orders are being followed. Some of the ways that DHHS can enforce child support orders in the state include:

Withholding income: DHHS can request that an employer withhold a portion of the payor’s income and send it directly to DHHS to be applied towards the child support obligation. This can include wages, salaries, commissions, and other forms of income.
Interception of tax refunds: DHHS can request that the Internal Revenue Service (IRS) or the state’s Department of Revenue Administration (DRA) intercept the payor’s tax refunds and apply them towards the child support obligation.
Liens on property: DHHS can place a lien on the payor’s real estate or personal property to secure payment of the child support obligation.
Suspension of driver’s, professional, or recreational licenses: DHHS can request that the payor’s driver’s, professional, or recreational licenses be suspended until the child support obligation is paid.
Contempt of court: DHHS can file a motion with the court asking that the payor be held in contempt of court for failing to pay child support. If the payor is found in contempt, they may be ordered to pay a fine or be imprisoned.

The NH Child Support Agency

If you have questions or need assistance with a child support matter, you can contact DHHS at the following address:

New Hampshire Department of Health and Human Services 129 Pleasant Street Concord, NH 03301

You can also contact DHHS by phone at (800) 852-3345 ext. 4400. If you are calling from outside of New Hampshire, you can reach DHHS by dialing (603) 271-4400.

You can also visit the DHHS website at https://www.dhhs.nh.gov/dcbcs/css/index.htm for more information on child support services in New Hampshire.

Frequently Asked Questions

Who Pays Child Maintenance in New Hampshire?

In New Hampshire, child support is typically paid by the noncustodial parent to the custodial parent. The noncustodial parent is generally the parent who spends the least amount of time with the children. Child support payments are intended to help the custodial parent cover the costs of caring for the children, including expenses such as food, shelter, clothing, healthcare, and education.

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Is Medical Health Insurance Part of Child Support in NH?

Medical health insurance may be included as part of a child support order in New Hampshire. The court may order the noncustodial parent to provide health insurance coverage for the children as part of the child support order. This can help ensure that the children have access to necessary medical care and can reduce the financial burden on the custodial parent.

If the noncustodial parent is ordered to provide health insurance coverage for the children as part of the child support order, they will generally be responsible for paying the premiums for the insurance coverage. The cost of the premiums may be included in the overall child support amount, or it may be ordered as a separate payment.

Does New Hampshire Require a Minimum Amount of Child Support?

Under the New Hampshire child support guidelines, there is no set minimum amount of child support that must be paid. However, the guidelines do provide a range of child support amounts that may be appropriate based on the income of the parents and the number of children. The court will consider the specific circumstances of the case and may order a child support amount that falls within the guidelines or that deviates from the guidelines based on the needs of the children and the ability of the parents to pay.

How Long Do You Have to Pay Child Support in NH?

In New Hampshire, a parent’s obligation to pay child support generally continues until the child reaches the age of majority, which is 18 years old. However, in some cases, a parent may be required to pay child support for a longer period of time.

For example, if a child is disabled and is unable to support themselves, the court may order the parent to continue paying child support beyond the age of 18. Similarly, if a child is still in high school at the age of 18, the court may order the parent to continue paying child support until the child graduates or reaches the age of 20, whichever occurs first.

How Does New Hampshire Child Maintenance Work if one Parent Has no Job?

If one parent is not working and has no income, the court may still order that parent to pay child support in New Hampshire. In this situation, the court may impute income to the nonworking parent based on their education, work experience, and the local job market. Imputing income to a parent in a child support case means assigning an income to the parent based on their potential earning capacity rather than their actual income.

The court will consider a variety of factors in determining whether to impute income to a nonworking parent in a child support case, including the parent’s education, work experience, and the local job market. The court may also consider the parent’s reasons for not working, such as caring for young children or pursuing additional education.

Is Child Support Tax Deductible in NH?

In most cases, child support payments are not tax deductible in New Hampshire or in any other state in the United States. Child support payments are considered to be personal payments that are not related to the production of income, and therefore they are not tax deductible.

However, there are some limited circumstances in which child support payments may be tax deductible. For example, if a parent is paying child support as part of a divorce or separation agreement, and the agreement specifically states that the payments are to be treated as alimony, the payments may be tax deductible by the paying parent and taxable to the receiving parent.

Conclusion

New Hampshire child support laws are an important part of ensuring that children receive the financial and emotional support they need from both parents. While the laws can be complicated, they are designed to protect the best interests of the child. Parents should familiarize themselves with the laws and consult an attorney if they have any questions or concerns.

Get some help by contacting Child Support Law Attorneys in New Hampshire

As a parent, the well-being and future of your child should be your top priority. But navigating the complex world of child maintenance laws can be overwhelming and stressful. That’s where child support attorneys come in. These dedicated professionals can help guide you through the process of establishing or modifying a child support order, ensuring that your child receives the financial support they need and deserve. Don’t let your child’s future be left to chance. Take control of their financial stability and seek the services of a skilled child maintenance attorney in New Hampshire today. Don’t wait, your child’s future depends on it.

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