A New Hampshire child support order establishes the legal obligation of parents to financially support their children following divorce, separation, or in cases where parents were never married.
Under New Hampshire law, all parents must support their children financially, regardless of marital status or custody arrangements.
Legal Obligation to Support Children
Both parents have a legal duty to provide for their children's needs. This obligation continues even when the parent and child live in different households, the parents were never married, either parent remarries, the custodial parent is employed or receives public assistance, the custodial parent refuses to allow visitation, or the non-custodial parent lives or works in another state.
Children are entitled to support until they reach age 18 or complete their high school education, whichever happens later. In some cases, support may extend through college education based on court orders or parental agreements.
Starting a Child Support Order
To obtain a court-ordered child support obligation, you must either file a divorce or parenting action in court or seek assistance through the New Hampshire Department of Health and Human Services Bureau of Child Support Services. You cannot receive child support without a formal court order establishing the obligation.
Calculating Child Support in New Hampshire
New Hampshire uses specific guidelines and formulas for determining child support amounts, creating consistency across cases while allowing flexibility for special circumstances.
Child Support Guidelines and Worksheet
Calculating child support requires completing a Child Support Guidelines Worksheet and reviewing the child support guidelines. The Child Support Guidelines Table lists Combined Monthly Adjusted Gross Income amounts and corresponding guideline amounts for one, two, three, or four or more children.
The worksheet calculates the parents' Combined Adjusted Monthly Gross Income, then uses the corresponding guideline amount and percentage from the table to determine the obligor's presumptive child support obligation. The New Hampshire Department of Health and Human Services provides a child support calculator on their website to assist with calculations.
Basic Formula for Child Support
New Hampshire's child support guidelines provide a formula based on the non-custodial parent's adjusted gross income. Generally, the guideline amount equals 25% of adjusted gross income for one child, 33% for two children, 40% for three children, and 45% for four or more children.
These percentages apply to the obligor's adjusted gross income and represent the presumptive child support amount before adjustments for specific circumstances.
Adjusted Gross Income
Adjusted gross income includes all sources of income available to the parent, including wages, salaries, commissions, bonuses, self-employment income, rental income, investment income, retirement benefits, Social Security benefits, unemployment compensation, workers' compensation, and other regular income sources.
Courts deduct certain items from gross income to arrive at adjusted gross income, including taxes, mandatory retirement contributions, health insurance premiums, and other allowable deductions specified in the guidelines.
Combined Income Method
New Hampshire uses a combined income approach, meaning both parents' adjusted gross incomes are added together to determine the total income available for child support. The guideline amount based on this combined income is then apportioned between the parents based on their respective income percentages.
For example, if the combined monthly adjusted gross income is $6,000 and one parent earns $4,000 while the other earns $2,000, the first parent is responsible for 66.7% of the guideline child support amount, while the second parent is responsible for 33.3%.
Adjustments to Guideline Amounts
The basic guideline amount may be adjusted for several factors. Eligible childcare costs necessitated by either parent's employment and paid to a childcare provider are added to the support obligation. Medical support, including health insurance premiums and unreimbursed medical expenses, affects the final child support amount.
When the non-custodial parent provides health insurance coverage for the children, they receive a partial credit that typically reduces their cash child support payment. Courts also consider extraordinary medical, dental, or educational expenses that may warrant deviation from standard guideline amounts.
Parenting Time Adjustments
Recent changes to New Hampshire law effective January 1, 2025, created new frameworks for adjusting child support based on parenting schedules. The law defines "approximately equal parent time" as a schedule where each parent has parenting time for greater than 40% of the annual parenting schedule, and "substantially shared parenting time" as greater than 35% of the annual schedule.
When parents share significant parenting time, the court can order adjustments to child support amounts or require parents to share certain expenses directly rather than through traditional child support payments.
Self-Support Reserve
New Hampshire's guidelines include a self-support reserve, which is the minimum amount of income the paying parent must retain to meet their own basic needs. This prevents child support orders from leaving the paying parent unable to maintain minimal self-support.
Filing for a New Hampshire Child Support Order
Obtaining a child support order requires following specific procedures and filing required documents with the court.
Filing a Petition
To request a child support order, file a Petition for Parental Rights and Responsibilities or include the request in a Petition for Divorce. The petition must be filed with the Superior Court or Family Division in the county where either parent or the child lives.
The petition must state the names and addresses of both parents, the names and ages of the children, confirmation that paternity is established (for children born to unmarried parents), whether the state has provided or is providing aid for the children's support, and that child support is requested.
Required Forms
When requesting a child support order, both parents must file three essential forms:
Financial Affidavit: A sworn statement disclosing detailed information about income, assets, debts, and expenses. Providing false information in a financial affidavit constitutes perjury. The affidavit must accurately reflect the parent's complete financial situation.
Child Support Guidelines Worksheet: Used to calculate the appropriate child support amount based on both parents' financial information. Income data is taken from the financial affidavits and applied to the guidelines formula.
Uniform Support Order: Becomes part of the court's order, addressing child support payment details, public assistance coordination, medical insurance requirements, and healthcare expenses. It requires both parties to inform the court of changes in address, income, or employment.
Service of Process
After filing the petition, you must provide proper notice to the other parent. The court returns copies with "Orders of Notice" that must be served on the other parent, typically through the Sheriff's office. The Sheriff serves the documents and returns proof of service, which must be filed with the court.
Filing Fees and Fee Waivers
Courts charge filing fees and service fees for child support petitions. Parents unable to afford these fees can file a Motion to Waive Filing and Service Fees along with a financial affidavit demonstrating inability to pay. The court may grant or deny the fee waiver request based on the financial information provided.
Establishing Paternity for Child Support
Before a father can be required to pay child support, paternity must be legally established.
Importance of Paternity
Paternity establishes the legal parent-child relationship, providing children with rights to financial support, certain disability benefits, inheritance rights, healthcare benefits access, and medical information. It also provides emotional benefits through a sense of identity and security.
Methods of Establishing Paternity
Paternity can be established through marriage (children born during marriage are presumed to be the husband's), Affidavit of Paternity (a voluntary acknowledgment signed by both parents), or court order (obtained through genetic testing when paternity is disputed).
The Division of Child Support Services can assist in establishing paternity. Parents must complete and notarize a paternity questionnaire. If the alleged father does not voluntarily acknowledge paternity or participate in genetic testing, DCSS can request a court order for genetic testing.
The Role of Child Support Services
New Hampshire assists the Division of Child Support Services (DCSS), a state agency offering support to parents seeking child support orders.
Services Provided by DCSS
The Division of Child Support Services helps locate absent parents, establish support orders, enforce existing support orders, and collect child support payments from non-paying parents. Services are available regardless of where the other parent lives, including cases involving parents in other states.
Accessing DCSS Services
For parents receiving Temporary Aid to Needy Families (TANF) or other public assistance, child support services are automatically provided. The right to child support is assigned to the state up to the amount of assistance received.
Parents not receiving public assistance must file an application for DCSS services. Applications are available at Health and Human Services district offices or by calling Client Services at 1-800-852-3345 Extension 4745 or 603-271-4427.
DCSS Process
Once an application is received, DCSS opens a case and assigns a child support worker. The worker attempts to verify the other parent's employment to calculate appropriate child support amounts, including medical support for healthcare coverage.
Providing accurate information about the other parent's address, phone number, occupation, and income helps DCSS manage cases effectively and establish appropriate support orders.
Medical Support in Child Support Orders
Medical support is a required component of all New Hampshire child support orders.
Health Insurance Requirements
An absent parent may be required to provide medical support and obtain health insurance coverage for the children if available at a reasonable cost, such as through an employer's group health insurance policy. The court can order medical support as part of the overall child support obligation.
Credit for Providing Insurance
When the non-custodial parent provides medical insurance coverage, they receive a partial credit against their child support obligation, typically resulting in a reduction of the cash support payment. The cost of health insurance premiums for the children is factored into the child support calculation.
Unreimbursed Medical Expenses
Beyond insurance coverage, parents may be required to share unreimbursed medical, dental, and vision expenses. The Uniform Support Order specifies how these costs are divided, typically in proportion to the parents' incomes.
Deviating from Child Support Guidelines
While the guideline amount is presumptive, courts can approve or order amounts different from the guidelines when special circumstances exist.
When Deviation May Occur
Parents may agree to a support order different from the guideline amount, or a court may order a different amount based on special circumstances. Court approval is required for any child support order deviating from the guidelines, and DCSS approval is necessary when a parent receives public assistance.
Special Circumstances for Deviation
Special circumstances justifying deviation from guideline amounts include extraordinary medical, dental, or education expenses, significantly high or low income of either parent, economic consequences of stepparents in the household, tax consequences of the support arrangement, or other circumstances making the guideline amount unjust.
The party seeking deviation bears the burden of proving that special circumstances exist and that the guideline amount would be unfair or inappropriate.
Enforcing Child Support Orders
When child support payments are not made as ordered, several enforcement mechanisms are available to collect overdue support.
Income Assignment
Child support orders entered on or after January 1, 1994, are subject to immediate income assignment, meaning support is withheld directly from the paying parent's paycheck. Income assignments are processed through DCSS after the custodial parent files for services and provides a copy of the support order.
Wage Assignment
Courts can order employers to make direct child support payments from the non-paying parent's wages. The employer deducts child support like any other deduction and sends the money directly to the custodial parent or through DCSS.
Tax Refund Interception
The IRS and state tax authorities can seize tax refunds of non-paying parents and send those amounts directly to the custodial parent to satisfy child support arrearages.
Liens and Property Seizure
Courts can place liens on the non-paying parent's property, including real estate, bank accounts, stocks, paid-off vehicles, or other assets. Liens prevent property sales until arrearages are paid. Courts can also order property to be sold to satisfy child support debts.
License Revocation
States can revoke the driver's license, professional licenses, and recreational licenses of parents who fail to pay court-ordered child support. Passport revocation is also possible for parents with significant child support arrearages.
Credit Bureau Reporting
Non-payment of child support is reported to national credit bureaus, adversely affecting the non-paying parent's credit rating and ability to obtain loans, credit cards, or favorable interest rates.
Parent Locator Services
For non-paying parents who move to avoid child support obligations, the federal and state Parent Locator Services use government resources, including Social Security Administration and IRS records, to locate the parents' employers and current location.
The National Directory of New Hires makes locating frequently job-changing parents easier, as employers must report all new hires within 20 days of employment.
Contempt of Court
Parents can file a Motion for Contempt when child support is not paid as ordered. If the court finds beyond a reasonable doubt that the non-paying parent willfully failed to pay valid child support, the court can order various remedies, including jail time until support is paid, property sales, payment through DCSS, employer wage deductions, tax refund interceptions, payment of the filing parent's costs and attorney's fees, and other legal measures.
Parents who demonstrate an inability to pay generally will not be found in contempt, though they continue to owe the support debt.
Criminal Prosecution
All states have criminal laws punishing parents who refuse to pay child support. Criminal prosecutions are brought by the state's attorney or prosecutor, not by individual parents.
New Hampshire classifies non-support as either a Class B felony (arrearages unpaid for more than one year or exceeding $10,000, or repeat offenders) or a Class A misdemeanor (all other non-payment cases). Penalties include probation, fines, or imprisonment up to one year for misdemeanors and up to seven years for felonies.
Modifying Child Support Orders
Child support orders can be modified when circumstances change significantly or after sufficient time has passed.
Substantial Change of Circumstances
Either parent paying or receiving child support may request the court modify the support order based on a substantial change of circumstances. Substantial changes include significant income increases or decreases, changes in the child's needs, changes in custody or parenting time, job loss or new employment, or other material changes affecting the appropriateness of the current support amount.
Three-Year Review
Parents have the right to request review of child support orders every three years without needing to prove a substantial change in circumstances. This automatic review right ensures that support orders remain appropriate as children grow and circumstances evolve.
Modification Process
To request modification, file a Petition to Modify Support Order with the court. DCSS provides Support Order Modification Kits by calling 1-800-852-3345 Extension 4745 or 603-271-4427.
The requesting parent must demonstrate either that three years have passed since the last order or that substantial changes in circumstances have occurred. Both parents must file updated financial affidavits and child support worksheets reflecting current financial information.
Retroactive Child Support
Courts have limited authority to order child support retroactively.
When Retroactive Support May Be Ordered
If the child is less than three months old when the support order is established, child support can be ordered from birth. For children three months or older, support can only be ordered from the date the petition was served on the other parent.
If the court finds the other parent purposely avoided service, the court can order support retroactive to an earlier date the court finds equitable and just. This prevents parents from delaying support obligations by evading service of process.
Contested vs. Uncontested Child Support Cases
The process for establishing child support differs depending on whether parents agree or disagree on support terms.
Contested Hearings
When parents cannot agree on child support, the case proceeds to a contested hearing. Parents should prepare evidence of monthly income and expenses, including pay stubs, receipts for extraordinary expenses, documentation of dependents, medical insurance information, and other relevant financial information.
After hearing evidence from both parties, the judge issues an order setting the child support amount and addressing medical insurance coverage and other support-related issues.
Uncontested Hearings
When parents reach an agreement and file it with the court, the case proceeds to an uncontested hearing. The judge reviews the agreement to ensure it meets the children's needs and complies with guidelines, then typically approves the agreed-upon support amount.
Support Duration and Termination
Understanding when child support obligations end helps parents plan financially and ensures compliance with court orders.
When Support Ends
Child support generally ends when the child turns 18, completes high school education (whichever occurs later), marries, becomes emancipated, joins the military, or is otherwise self-supporting. In some cases, court orders may extend support through college education.
College Education Support
While New Hampshire law does not automatically require parents to pay for college expenses, courts can order contribution to higher education costs based on the parents' financial circumstances, the child's academic performance and abilities, and other relevant factors.
Working with Child Support Attorneys
While parents can navigate the child support system independently, working with experienced family law attorneys often proves beneficial.
When to Seek Legal Counsel
Consider consulting a child support attorney when facing complex income calculations (self-employment, variable income, or multiple income sources), disputes about appropriate support amounts, enforcement challenges with non-paying parents, modification requests that may be contested, or situations involving special needs children or extraordinary expenses.
Benefits of Legal Representation
Experienced attorneys understand New Hampshire's child support guidelines, can accurately calculate appropriate support amounts, present compelling arguments for deviation when warranted, navigate enforcement procedures effectively, and protect clients' rights throughout the process.
Child support orders can be modified when substantial changes occur or after three years have passed since the last order.