Children present a unique aspect to a relationship ending. They were born with the promise of two parents, and while you are both still committed to that promise, you also recognize the realities of splitting up: splitting time and financial support to ensure the children get what they need from both of you. Unfortunately, this requires legal paperwork and court involvement to ensure that the children’s best interests are put first, both parents are treated fairly, and all agreements are in writing for clear and continued understanding. This is particularly true for child support obligations, ensuring that both of you understand who is paying, how much they are paying, how payments are made, and when payments stop.
Whether child support has already been ordered, or you have questions regarding what to expect when it is, an experienced divorce attorney at Friedman & Bresaw, PLLC may be able to answer your questions, assist with filling out paperwork, or represent you in court to get an initial order, or modify or enforce an existing order. Call (603) 707-4800 to schedule an appointment with one of the attorneys in our Meridith or Laconia, New Hampshire offices.
What Is Child Support?
New Hampshire does not define child support, per se. This is likely because most people agree that it is financial support from parents for their children. For parents who are married or living together, this support is often provided with little thought. The parents frequently have a joint account or other method of ensuring all of their child’s needs are met. However, when parents divorce, it is imperative to have a deeper understanding of what those needs are and how child support obligations are defined legally.
What Is a Child Support Obligation?
RSA 458-C:2 defines a child support obligation as “the proportion of total support obligation” that one parent (the obligor) pays the other (the obligee) as child support. In most cases, the obligee, or parent who receives child support, is the parent who has more parenting time with the child. This parent pays the child’s expenses and meets their needs directly since they are the primary caretaker. The obligor pays child support to ensure the financial contribution they would have made directly, had the couple remained together, is still available to meet the child’s needs. Parents typically create a parenting time schedule or are provided one by the court when determining child custody in a divorce.
What Needs Are Supported by Child Support?
RSA 458-C:1 provides that both parents must provide economic support for their children. Also, it states that the children from a parent’s initial family deserve a standard of living equal to that of any subsequent families. A standard of living means the comfort, material goods, wealth, and necessities available. Child support is meant to bridge the gap between the standard of living the child would have had if the parents were still together and the life they have now, living with the lower-earning parent. The monthly payment is meant to make that gap as small as possible so that the child can continue to live as close to the same lifestyle as possible, despite their parents’ divorce.
This means that child support will be used for things that directly benefit the child, such as their clothing, shoes, toys, medical expenses, or school expenses. However, it will also be used for other needs that benefit both the child and the receiving parent, such as shelter, food, utilities, childcare, and transportation.
How Is Child Support Calculated?
The New Hampshire Department of Health and Human Services provides child support guidelines and a calculator that parents can use to estimate child support in their cases. Child support obligations are based on the parents’ current financial situation. Their combined monthly net income and the number of children the parents share are used to calculate child support. While parents can use the calculator, they must remember that it is an estimate only, and the amount ordered by the court may differ for many reasons.
Parents whose combined monthly income exceeds $226,009 cannot use the calculator to determine an estimated payment. Additionally, if the obligor’s gross income is less than the self-support reserve, child support will likely be ordered at the minimum amount as long as the court does not believe the parent is deliberately underemployed or unemployed to avoid their child support obligations.
Is Child Support Ever Not Ordered?
Per RSA 458-C:5, there are several circumstances under which the court may deviate from child support guidelines in ordering child support. This deviation can result in a higher or lower obligation depending on the circumstances. For example, the court may deviate from the guidelines if either parent has a significantly high or low income, or if the child has ongoing extraordinary education, dental, or medical expenses.
If parents have an approximately equal parenting schedule and substantially similar incomes, and both parents will pay 50% of all eligible childcare costs, uninsured medical expenses for the children, and any agreed-upon extracurricular activities the children participate in, there is a rebuttable presumption that a child support obligation of $0 is appropriate. A rebuttable presumption means that the court will assume the $0 obligation is appropriate unless the receiving parent can provide evidence overcoming that assumption.
How Long Is Child Support Paid?
RSA 461-A:14 provides that child support obligations continue until one of several very specific things occurs. What is important to note is that generally, child support ends without any further legal action by the parents. In other words, when one of the triggering events happens, the court will automatically terminate the order without the parents doing anything. Therefore, if a triggering event has occurred and a parent is still paying support without any indication that it will end, they may wish to consult with an experienced divorce attorney at Friedman & Bresaw, PLLC, to learn more about how they or when they can expect their obligation to end.
Child support ends when the dependent child for whom the support is ordered:
- Marries
- Joins the military
- Emancipates with an emancipation order
- Turns 18 (unless they are still a full-time secondary or elementary school student, in which case it ends upon graduation or two months after their 19th birthday, whichever comes first)
- When the child turns 21 or no longer qualifies as a child with a disability, if the child has a disability
If the child support order is for more than one child, as each child turns 18 or another triggering event occurs, it is considered a substantial change in circumstances for modifying child support. However, the court does not automatically modify the order unless it is a per-child order; parents must file for a modification as each child turns 18 or engages in another triggering event.
How Is Payment of Child Support Enforced?
Child support obligations are court-ordered and, therefore, can be legally enforced. Circumstances may put a parent in the unfortunate position of not being able to pay their obligation, and when this occurs, the parent would ideally contact their child support caseworker and continue to make whatever kind of payment they can. If the inability to pay will be ongoing (for example, a reduction in income), the parent may be able to request a modification to reflect the new circumstances.
In cases where a parent willfully refuses to pay despite being able or otherwise refuses to cooperate to make payments, the court may take one of several actions. They may also take multiple actions if the parent continues to refuse to pay support. Some of the actions that can be taken to enforce child support obligations include:
- Revocation, suspension, or denial of driver’s, occupational/professional, and sporting licenses
- Credit bureau notification
- Passport denial
- Interception of federal tax refunds (equal to the amount of past due support)
- Lien placement against financial accounts (bank, insurance settlements, workers’ compensation, etc.) or real estate holdings (business, house, land)
- Interception of lottery winnings (equal to the amount of past due support)
In extreme cases, the court can also pursue criminal charges against the non-paying parent, resulting in potential jail time. However, this is typically a last resort. The court generally will only pursue this option after repeated, intentional refusals to comply.
How a New Hampshire Divorce Attorney May Assist You
Most parents want to provide for their child financially. The legal system simply ensures that both parents understand the rights and obligations they each have and that there is clarity and fairness regarding each parent’s financial duties toward the child. While the state offers guidelines regarding child support, parents may wish to deviate from those guidelines for various reasons.
An experienced divorce attorney at Friedman & Bresaw, PLLC, may be able to review your case and income, help you determine whether a deviation might be appropriate, and offer advice regarding whether the court may approve the deviation. We may also be able to assist with establishing, modifying, or terminating child support obligations. Call (603) 707-4800 to book a consultation and discuss your circumstances.
