Child support in New Hampshire is a legal obligation requiring both parents to financially support their children, regardless of marital status or living arrangements. Under Hampshire law, all parents must contribute to their children's well-being, even when families live in separate households.
The child support system exists to ensure children maintain a reasonable standard of living and have their basic needs met. A child support order establishes the amount one parent pays to the other, typically with the noncustodial parent making payments to the parent who provides the child's primary residence.
Who Must Pay Child Support?
A parent must pay child support even when circumstances might seem to excuse this obligation. You are responsible for child support regardless of whether you were married to the other parent, whether either parent has remarried, whether the custodial parent works or receives public assistance, or whether visitation rights are being denied.
Parents must financially support their children until they reach age 18 or complete their high school education, whichever happens later. In some cases, support may extend through college if both parents agree and the court approves this arrangement.
New Hampshire Child Support Guidelines
New Hampshire child support guidelines establish a uniform system to determine child support amounts based on established formulas and standardized calculations. These guidelines are updated yearly and become effective April 1 of each year, ensuring calculations reflect current economic conditions and the actual cost of raising children in New Hampshire.
How the Child Support Calculator Works
The child support calculator uses the parents' combined monthly net income and applies specific percentages based on the number of children requiring support. The calculation starts with adjusted gross income for each parent, then applies deductions for items like health insurance premiums, mandatory retirement contributions, and prior child support obligations to determine net income.
For combined net incomes, the guidelines apply the following percentages: 25% for one child, 33% for two children, 40% for three children, and 45% for four or more children. These percentages represent the portion of combined income dedicated to child support.
The total child support obligation is then divided between parents in proportion to their individual incomes. If one parent earns 70% of the combined income, they typically pay 70% of the total support obligation.
Self-Support Reserve
New Hampshire includes a self-support reserve in child support calculations to ensure the paying parent retains enough income to maintain a minimum standard of living. The self-support reserve equals 115% of the federal poverty level, protecting parents from child support orders that would leave them unable to meet their own basic needs.
Parenting Schedules and Child Support
Recent changes to the New Hampshire child support law, effective January 1, 2025, significantly altered how parenting schedules affect child support calculations, particularly for cases involving substantially shared parenting or equal parenting time.
Substantially Shared Parenting
Substantially shared parenting time is defined as a schedule where each parent has parenting time for greater than 35% of the annual parenting schedule. When parents maintain substantially shared parenting with substantially similar incomes, courts presume a deviation from standard child support guidelines may be appropriate.
Equal Parenting Time
Approximately equal parent time means each parent has parenting time for greater than 40% of the annual parenting schedule. When parents have approximately equal parenting time and substantially similar incomes, there is a rebuttable presumption that no child support is appropriate, though either parent can present evidence arguing otherwise.
The court considers whether the parent with lower income can maintain a similar standard of living for the children as the higher-earning parent when determining if these presumptions should apply.
Extraordinary Medical, Denta,l or Education Expenses
Child support orders can be adjusted to account for extraordinary medical, dental, or education expenses beyond the normal costs of raising children. These special expenses might include ongoing treatment for chronic conditions, specialized therapies, private school tuition, or costs related to a child's special needs.
When these expenses exist, parents must document them and include them in their financial disclosures. The court determines whether expenses qualify as extraordinary and how costs should be divided between parents, typically in proportion to their incomes.
Child Support Modification
Parents have the right to request a child support modification when circumstances change. New Hampshire child support law allows modifications under specific conditions, depending on how much time has passed since the current order was issued.
When You Can Request Modification
If the current child support order is less than three years old, you must demonstrate a substantial change of circumstances to justify modification. Substantial changes might include significant income changes for either parent, job loss, changes in the parenting schedule, or changes in the child's needs.
If the order is three years or older, you may request a review without proving changed circumstances. Instead, the court reviews your current financial situation to determine if the child support amount should be adjusted based on present conditions.
How to Modify Your Order
To modify a child support order, you can contact the New Hampshire Division of Child Support Services for assistance, file a petition directly with the court, or work with a family law attorney to prepare and file the necessary documents.
Adjusted Gross Income and Deductions
Calculating child support begins with determining each parent's adjusted gross income. This figure includes wages, salaries, commissions, bonuses, self-employment income, rental income, investment income, and other sources of revenue.
Certain deductions are permitted when calculating net income from adjusted gross income, including mandatory retirement contributions, union dues, health insurance premiums paid for the children, and court-ordered support obligations for other children. These deductions ensure the support calculation reflects income actually available for support payments.
Child Support Services
The New Hampshire Division of Child Support Services provides assistance to parents who need help establishing, enforcing, or modifying child support orders. Services include locating absent parents, establishing paternity, establishing child support orders, enforcing existing court orders, and collecting support payments.
How to Apply for Services
Parents receiving public assistance automatically receive child support services. If you don't receive public assistance, you must file an application to receive Division services. Applications are available at Health and Human Services district offices or by contacting client services.
Requesting Child Support
To request child support in New Hampshire, you typically file a Petition for Parental Rights and Responsibilities or include the request in a divorce petition. The petition must state both parents' names and addresses, the children's names and ages, that paternity is established (if applicable), and that child support is requested.
When filing, you must complete several forms including a financial affidavit detailing your income and expenses, a child support worksheet calculating the support amount using the guidelines, and a uniform support order addressing payment terms, medical insurance, and healthcare expenses.
Child Care Costs
Eligible childcare costs are defined as expenses incurred by either parent for childcare necessitated by that parent's employment and paid to a childcare provider. These costs are typically added to the basic child support obligation and divided between parents proportionally to their incomes.
When calculating support, the parent paying for childcare receives credit for these expenses in the child support calculation, adjusting the final support amount to account for this direct contribution to the child's care.
Enforcing Child Support Orders
When a parent fails to pay child support as ordered, several enforcement mechanisms are available. Income withholding is the most common method, automatically deducting support from the paying parent's paycheck and forwarding it to the receiving parent.
Other enforcement tools include intercepting tax refunds, suspending driver's licenses or professional licenses, reporting delinquencies to credit bureaus, placing liens on property, and filing contempt of court actions that can result in fines or jail time.
Remember that denying visitation because support isn't paid is not permitted. Child support and parenting time are separate legal issues, and violations of one order do not justify violating the other.
Working with a Family Law Attorney
Complex child support situations often benefit from professional legal guidance. A family law attorney can help you understand how the child support guidelines apply to your specific circumstances, prepare accurate financial disclosures, negotiate fair agreements with the other parent, and represent you in court if necessary.
Situations that particularly benefit from legal representation include cases with self-employment income, requests for deviation from guidelines, disputes about income imputation, modifications based on changed parenting schedules, and enforcement actions against non-paying parents.
Moving Forward
New Hampshire child support basics encompass a comprehensive system designed to ensure children receive appropriate financial support from both parents. Understanding how child support orders are calculated using the child support guidelines and child support calculator, when modifications are permitted, and how the 2025 law changes regarding substantially shared parenting and equal parenting time affect calculations, helps parents navigate this important responsibility.
Whether you need to pay child support or receive child support, knowing your child support obligation under Hampshire law ensures compliance while protecting your children's interests. The Division of Child Support Services provides valuable assistance, while family law attorneys offer guidance for complex situations requiring professional expertise.