Use this New Hampshire child support law to learn about
your child support rights and responsibilites.
How is New Hampshire child support determined?
In New Hampshire, reasonable provisions for the support and
education of a child may be ordered to be paid a parent.
There are official New Hampshire Child Support guidelines,
designed to be in the best interests of the child, that the courts use to help
determine the correct amount of child support. The guidelines are based on the
net income of the parent paying the child support and the number of children
owed child support.
- one child - 25% of net income
- two children - 33% of net income
- three children - 40% of net income
- four or more children - 45% of net income
These guidelines will be followed, unless both parents agree to
an amount that’s at least equal to that calculated by the guidelines, or
the courts decide the guidelines are unjust due to the following considerations
of the particular case:
- any extraordinary medical, dental or educational expenses for
the child
- a significantly higher or lower income of either parent
compared to the income assumptions in the guidelines
- any economic consequences caused by any stepparents or
stepchildren
- any extraordinary expenses associated with the actual
physical custody
- any economic consequences to either parent of selling the
family home
- state and federal tax consequences
- any split or shared custody arrangements
- any other significant factors
At what age does child support payments end?
Generally, the obligation ends when the child reaches 18 years
of age.
Obligation also ends when the child gets married or begins
military service.
New Hampshire's custody guidelines:
Generally, the parents agree upon decisions about parenting and
custody. If there is no agreement, then the courts will make these decisions.
In New Hampshire, joint custody – the sharing of
responsibility for all parental decisions and rights, except physical custody
– is presumed to be in the best interests of the child, unless there is
any evidence of child abuse by one of the parents. The courts consider the
following factors in custody decisions:
- the preference of the child
- the education of the child
- any findings or recommendations of an objective mediator
- any other relevant factors
The courts will give no preference to a parent based on the sex
of the parent. If a parent with primary joint custody rights interferes with
the visitation schedule the other parent, the courts may choose to change the
custody order.
New Hampshire's medical insurance guidelines:
Generally, the decision as to which parent is going to provide
medical insurance coverage for the child and how medical bills will be paid is
set out in the marital settlement agreement. Usually, if a reasonable medical
insurance plan is available through the non-custodial parent’s employment,
they are required to cover their child on it.
How permanent are the provisions for New Hampshire child
support and custody ?
Court orders providing for support and custody of children are
subject to change or modification to reflect significant changes in income,
and/or living arrangements of the children.
While all orders concerning the children are modifiable in the
future, we encourage you to not enter into an agreement based on the idea that
it can always be changed or modified later.
Wage garnishment for child support payments:
Most states, including New Hampshire, have a provision for
withholding child support directly from the earnings of the parent who has been
ordered to provide support. It is withheld much like income tax is withheld
from earnings payments.
This way of paying and receiving child support is generally
easier for both parties and considered a very dependable solution. The way it
typically works is, once the support is withheld, it is then sent to the state
agency authorized to receive and disburse payments. Once it has been verified
that the support was paid, it is then sent to the parent designated to receive
the support.
If a non-custodial parent can show that they are providing more
than 50 percent of the support for dependents not included in the court order
from a second marriage, and is not in arrears, no more than 50% of their
disposable income can be attached if they cannot pay the full court-ordered
amount of both orders.
That number goes to 55% if the non-custodial parent is in
arrears, 60 percent for a person only providing support to dependents under the
current order, and 65% for a person who is in arrears and paying only on the
current order.
How does joint custody work?
Joint custody is now widely recognized by parents, courts and
state legislatures as the preferred parenting plan. In fact, in New Hampshire,
joint custody is presumed to be best for the child, unless there is evidence of
child abuse by one of the parents.
Specifically, joint custody is a form of custody of minor
children that requires both parents to share the responsibilities of the
children, and for both parents to approve all major decisions related to the
children.
While joint custody is a 50-50 sharing of responsibilities and
major decisions affecting the children, it rarely works out to be a 50-50
sharing of time with the children. Usually one parent is named as the primary
joint custodian and the other parent is granted visitation. The primary joint
custodian typically retains the decision making power to determine the
child’s primary residence and school and to designate things such as the
child’s primary physician.
How New Hampshire determines child visitation:
Generally, parents are free to visit with their children at all
times that are mutually agreed to by both parents. However, when parents cannot
agree, the standard visitation schedule accepted most everywhere in the
nation is:
- every other weekend
- four to six (4-6) weeks during the summer
- alternating holidays
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