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How Is Child Support Handled in New Hampshire

Understanding Child Support in New Hampshire

Child support in New Hampshire is a critical aspect of family law, designed to ensure that both parents contribute financially to the well-being of their children after separation or divorce. It's more than just a payment; it's a commitment to providing a stable and secure future for the child. Navigating the legal complexities of child support can be daunting, which is why understanding the basics is essential.

New Hampshire child support orders are typically established during divorce proceedings, custody hearings, or through a separate child support petition filed with the court. The goal is to determine a fair and equitable amount based on each parent's income, the child's needs, and other relevant factors.

How Child Support is Calculated in New Hampshire

⚖️ New Hampshire employs a specific formula, often referred to as the "Income Shares Model," to calculate child support obligations. This model aims to simulate the financial situation the child would have experienced had the parents remained together. Key components include:

  • Gross Income: The court considers the gross income of both parents, including wages, salaries, self-employment income, bonuses, and other sources of revenue. Certain deductions, such as taxes, mandatory retirement contributions, and prior child support obligations, are factored in.
  • Allowable Deductions: Certain expenses can be deducted from gross income, influencing the final support calculation.
  • Basic Support Obligation: Using the combined adjusted gross income of both parents, the court consults the New Hampshire Child Support Guidelines to determine the basic child support obligation. This is the estimated amount required to support the child's needs.
  • Additional Expenses: Healthcare costs, childcare expenses, and extraordinary education expenses are typically added to the basic support obligation and allocated between the parents based on their proportional share of income.

💡Important Note: The child support guidelines are presumed to be correct unless there is a showing that applying the guidelines would be unjust or inappropriate in a particular case.

Enforcing Child Support Orders in New Hampshire: A Comprehensive Guide

💰 Ensuring timely and consistent child support payments is vital for a child's well-being. Unfortunately, situations arise where the paying parent (obligor) fails to meet their obligations. If you're facing this challenge in New Hampshire, understanding your enforcement options is crucial.

Common Enforcement Methods

  • Income Withholding: This is the most common and effective method. The court orders the obligor's employer to deduct the child support amount directly from their paycheck and remit it to the New Hampshire Division of Child Support Services (DCSS) or directly to the custodial parent.
  • Liens: A lien can be placed on the obligor's property, such as real estate or vehicles. This prevents the obligor from selling or transferring the property until the child support arrears are paid.
  • Bank Account Levy: The DCSS can levy (seize) funds from the obligor's bank accounts to satisfy the outstanding child support debt.
  • License Suspension: New Hampshire can suspend the obligor's driver's license, professional licenses (e.g., medical, legal), and recreational licenses (e.g., hunting, fishing) if they fall significantly behind on child support payments.
  • Contempt of Court: If the obligor willfully fails to comply with the child support order, they can be held in contempt of court. This can result in fines, jail time, or both.
  • Tax Refund Intercept: The DCSS can intercept the obligor's federal and state tax refunds to offset unpaid child support.
  • Passport Denial: In cases of substantial arrears, the DCSS can request that the obligor's passport be denied or revoked.

Steps to Take When Child Support Payments are Missed

  1. Document Everything: Keep a detailed record of all child support payments received, dates, and amounts. Also, document any missed payments or partial payments.
  2. Contact the New Hampshire Division of Child Support Services (DCSS): The DCSS is the primary agency responsible for enforcing child support orders in New Hampshire. Contact them to report the missed payments and inquire about enforcement options. You can find their contact information on the New Hampshire Department of Health and Human Services website.
  3. File a Motion for Contempt: If the DCSS is unable to resolve the issue, you may need to file a Motion for Contempt with the court. This requires legal representation and involves presenting evidence to the court that the obligor is willfully violating the child support order.

The Role of a Child Support Attorney in Enforcement

Having a skilled child support attorney on your side can significantly improve your chances of successfully enforcing a child support order. An attorney can:

  • Advise you on the best course of action: Based on your specific circumstances, an attorney can recommend the most effective enforcement strategies.
  • Prepare and file legal documents: An attorney can handle all the necessary paperwork, ensuring that it is filed correctly and on time.
  • Represent you in court: An attorney can present your case to the court and advocate on your behalf.
  • Negotiate with the other parent: An attorney can attempt to negotiate a payment plan or other resolution with the obligor.
  • Navigate the complex legal system: Child support laws and procedures can be complicated. An attorney can guide you through the process and ensure that your rights are protected.

Modifying Child Support Orders in New Hampshire

👶 Life circumstances change. A child support order isn't set in stone forever. In New Hampshire, you can request a modification of the order if there has been a "substantial change in circumstances." This generally means a significant and lasting change in either parent's income, the child's needs, or the custody arrangement.

What Constitutes a "Substantial Change in Circumstances"?

  • Significant Increase or Decrease in Income: Job loss, promotion, or a new business venture can significantly alter a parent's income.
  • Changes in Childcare Expenses: Increased childcare costs due to a child starting daycare or needing after-school care can warrant a modification.
  • Changes in Healthcare Costs: A child's serious illness or ongoing medical needs can increase healthcare expenses, potentially leading to a modification.
  • Changes in Custody Arrangements: If the custody schedule changes significantly, such as a child spending more time with one parent, the child support order may need to be adjusted.
  • Incarceration: A parent's incarceration may be considered a substantial change in circumstances.

The Modification Process

  1. File a Motion to Modify Child Support: The parent seeking the modification must file a formal motion with the court.
  2. Provide Evidence: The motion must be supported by evidence demonstrating the substantial change in circumstances. This may include pay stubs, tax returns, medical records, or other relevant documentation.
  3. Attend a Hearing: The court will schedule a hearing to review the motion and evidence. Both parents will have the opportunity to present their case.
  4. Court Decision: The court will make a determination based on the evidence presented and the New Hampshire Child Support Guidelines.

🚨 Important Considerations: A modification is not retroactive. It only takes effect from the date the motion was filed. Therefore, it's crucial to file the motion as soon as possible after the substantial change in circumstances occurs.

Protecting Your Family's Future: Key Considerations

  • Health Insurance: Ensure that your child has adequate health insurance coverage. The child support order should specify which parent is responsible for providing health insurance and how the costs are shared.
  • College Expenses: While child support typically terminates when a child reaches the age of 18 or graduates from high school, parents can agree to contribute to college expenses in a separate agreement. It's wise to address this issue during the initial child support proceedings.
  • Communication: Open and honest communication with the other parent can help to resolve disagreements and avoid costly legal battles.
  • Regular Review: Periodically review your child support order to ensure that it still accurately reflects your current circumstances.

Finding the Right Child Support Attorney in New Hampshire

Selecting the right attorney is a crucial step in navigating child support matters. Look for an attorney with:

  • Experience: A proven track record in handling child support cases in New Hampshire.
  • Knowledge: A deep understanding of New Hampshire child support laws and procedures.
  • Communication: The ability to clearly explain your options and keep you informed throughout the process.
  • Compassion: Understanding the emotional toll that child support disputes can take on families.

Consider scheduling consultations with several attorneys before making a decision. This will allow you to assess their qualifications, ask questions, and determine if they are a good fit for your needs.

Disclaimer: This article is for informational purposes only. You should consult with an attorney to discuss your specific situation.

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