New Hampshire Child Support Lawyers
With Law Offices in Manchester, NH
Do You Need Legal Help?
New Hampshire Child Support Lawyers
With Law Offices in Manchester, NH
Do You Need Legal Help?
See What Our Clients Are Saying About Us
Attorney John Tenn and his entire team are amazing people! If you need a lawyer, he is the man to call! He handled my case in a professional matter and took the stress out of it all.
Mallory C.
The whole team were very professional and responsive. My case was effectively handled with good communication during the process. Very satisfied with the outcome. Highly recommend!
A. McMillan
I was recently in need of a New Hampshire lawyer. I was put in touch with John Tenn. He went above and beyond for me to make sure I got the best help. Tenn and Tenn thank you for being so helpful!
Brianna R.
James J. Tenn, Jr.
Attorney
Mary Elizabeth Tenn
Attorney
John J. Tenn
Attorney
Working hard to obtain the best results possible for our clients and fighting to protect their rights.
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New Hampshire Child Support Lawyers
In the realm of family law, few matters carry as much weight and importance as child support. As your experienced New Hampshire child support team, it’s crucial to shed light on what child support entails, how it’s calculated, and why it’s vital for the well-being of your children.
What is Child Support?
In New Hampshire, both parents bear the responsibility of supporting their children. Should a divorce occur, the court has the authority to issue orders mandating one parent to provide financial assistance to the other parent for the upbringing of their children. This financial support is termed “child support.” The parent making the payments is termed the “obligor,” while the one receiving the support is known as the “obligee.”
The Legal Framework: RSA 458-C
Child support in New Hampshire operates under RSA 458-C, a comprehensive law designed to ensure the economic stability of children post-divorce. Its primary objectives are to establish a uniform system for determining child support, minimize the financial impact on children, and comply with federal regulations by utilizing specific guidelines.
Calculation of Child Support
The percentages of net income allocated for child support vary based on the number of children and the total net income. For individuals earning $15,000 or less annually, 25.6% of their income is dedicated to supporting one child, 35.5% for two children, 42.5% for three children, and 45% for four or more children. Those earning $25,000 per year allocate 25% of their income for one child, 35% for two children, 42% for three children, and 44.5% for four or more children.
As the net income increases to $35,000, the percentages slightly decrease: 24% for one child, 33.5% for two children, 40.5% for three children, and 43% for four or more children. For a net income of $50,000, the allocation is 23% for one child, 31.5% for two children, 38% for three children, and 40.5% for four or more children.
At a net income of $60,000, 22% goes to one child, 30.5% to two children, 36.5% to three children, and 39% to four or more children. Those earning $70,000 allocate 21% for one child, 30% for two children, 36% for three children, and 38.5% for four or more children. For an income of $80,000, the percentages are 21% for one child, 29% for two children, 35% for three children, and 37.5% for four or more children.
With a net income of $90,000, 21% is allocated for one child, 28.5% for two children, 34.5% for three children, and 37% for four or more children. Those with an income of $100,000 dedicate 20% for one child, 27.5% for two children, 33% for three children, and 35.5% for four or more children. Finally, for individuals earning $125,000 or more, the allocation decreases to 19% for one child, 26% for two children, 31% for three children, and 33.5% for four or more children.
What are Child Support Guideline Worksheets?
At every Court hearing where child support is in dispute, the parents are required to provide the court with a Child Support Guideline Worksheet showing how the child support amount is calculated.
See RSA 458-C:3-a
Is the Child Support Guideline amount mandatory? Are there special circumstances that can change the Child Support Guideline amount?
In New Hampshire, the Child Support Guideline calculation is presumed to be the correct amount of support owed, subject to a parent’s ability to argue for an adjustment in the amount of support. The adjustment can be an upward or downward adjustment in the amount of support based upon “special circumstances.”
“Special circumstances” can be used as a basis to adjust the amount of guideline child support. Those special circumstances are set forth in RSA 458-C:5(I).
The law in New Hampshire provides that “special circumstances” include, but are not limited to, the following:
(a) Ongoing extraordinary medical, dental or education expenses, including expenses related to the special needs of a child, incurred on behalf of the involved children.
(b) Significantly high or low income of the obligee or obligor.
- In considering an adjustment when one or both parents have high income, the court shall consider whether the child support amount derived from application of the guidelines substantially exceeds the child’s or children’s reasonable needs, taking into account the style of living to which the child or children have become accustomed or will experience in either party’s home.
- In considering an adjustment when one or both parents have low income, the court shall determine how to optimize use of the parents’ combined incomes to arrive at the best possible outcome for the child or children, provided that the basic support needs of the child or children are met. In making this determination, the court may consider income tax consequences, the earned income tax credit, the allocation of the right of a parent to claim a child as a dependent for income tax purposes, and other child-related tax benefits.
(c) The economic consequences of the presence of stepparents, step-children or natural or adopted children.
(d) Reasonable expenses incurred by the obligor parent in exercising parental rights and responsibilities, provided that the reasonable expenses incurred by the obligee parent for the minor children can be met regardless of such adjustment.
(e) The economic consequences to either party of the disposition of a marital home made for the benefit of the child.
(f) The opportunity to optimize both parties’ after-tax income by taking into account federal tax consequences of an order of support, including the right to claim the child or children as dependents for income tax purposes.
(g) State tax obligations.
(h) Parenting schedule.
- Equal or approximately equal parenting residential responsibilities in and of itself shall not eliminate the need for child support and shall not by itself constitute ground for an adjustment.
- In considering requests for adjustments to the application of the child support guidelines based on the parenting schedule, the court may consider the following factors:
(A) Whether, in cases of equal or approximately equal residential responsibility, the parties have agreed to the specific apportionment of variable expenses for the children, including but not limited to education, school supplies, day care, after school, vacation and summer care, extracurricular activities, clothing, health insurance costs and uninsured health costs, and other child-related expenses.
(B) Whether the obligor parent has established that the equal or approximately equal residential responsibility will result in a reduction of any of the fixed costs of child rearing incurred by the obligee parent.
(C) Whether the income of the lower earning parent enables that parent to meet the costs of child rearing in a similar or approximately equal style to that of the other parent.
(i) The economic consequences to either party of providing for the voluntary or court-ordered post-secondary educational expenses of a natural or adopted child.
(j) Other special circumstances found by the court to avoid an unreasonably low or confiscatory support order, taking all relevant circumstances into consideration.
See RSA 458-C:5 (I), (a) – (j)
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Areas We Serve in New Hampshire
How Long Does Child Support Last?
In New Hampshire, child support is payable until the child turns 18 or terminates their High School education whichever is later, or the child is married or becomes a member of the armed services. The Court has the ability to extend child support for a disabled child.
When can I modify child support?
In New Hampshire, child support orders are modifiable every three years after the last order for support without the need to show “a substantial change in circumstance.” A party can request a modification of child support at any time based upon a “substantial change in circumstances.”
RSA 458-C:7
If I have my child fifty percent (50%) of the time, do I still have to pay child support?
In New Hampshire, an equal or approximately equal parenting schedule is not a ground, in and of itself, for an adjustment to the child support amount. The Court may consider the parenting schedule along with other factors, such as whether the parties have agreed to appropriation of variable expenses for the children; whether the schedule results in the reduction of fixed costs by the obligee parent; and whether the income of the lower-earning parent will allow the parent to meet the costs of childrearing in a style that is similar to the other parent.
RSA 458-C:5(I)(h)(1)-(2) provides:
(h) Parenting schedule.
- Equal or approximately equal parenting residential responsibilities in and of itself shall not eliminate the need for child support and shall not by itself constitute ground for an adjustment.
- In considering requests for adjustments to the application of the child support guidelines based on the parenting schedule, the court may consider the following factors:
- (A) Whether, in cases of equal or approximately equal residential responsibility, the parties have agreed to the specific apportionment of variable expenses for the children, including but not limited to education, school supplies, day care, after school, vacation and summer care, extracurricular activities, clothing, health insurance costs and uninsured health costs, and other child-related expenses.
- (B) Whether the obligor parent has established that the equal or approximately equal residential responsibility will result in a reduction of any of the fixed costs of child rearing incurred by the obligee parent.
- (C) Whether the income of the lower earning parent enables that parent to meet the costs of child rearing in a similar or approximately equal style to that of the other parent.
Is a new spouse’s income included in child support?
My children’s father has remarried, is his new wife’s income includable for child support calculation?
Usually, no. In New Hampshire, the law provides that the new spouse’s income is not includable for child support unless the obligor parent is voluntarily underemployed.
RSA 458-C:2(b) provides that:
(b) The income of either parent’s current spouse shall not be considered as gross income to the parent unless the parent resigns from or refuses employment or is voluntarily unemployed or underemployed, in which case the income of the spouse shall be imputed to the parent to the extent that the parent had earned income in his or her usual employment.
Ensuring Financial Stability
Child support isn’t merely about meeting immediate needs; it’s about securing the future well-being of your children. By prioritizing their financial stability, both parents contribute to fostering an environment where their children can thrive emotionally, physically, and academically.
Navigating Challenges
While child support is a legal obligation, it’s not uncommon for parents to encounter challenges. Some may feel burdened by what they perceive as excessive payments, while others struggle with insufficient support. However, it’s essential to remember that child support is a fundamental right of the child in New Hampshire, necessitating parents to fulfill their obligations until their children reach adulthood.
Avoiding Common Mistakes in Child Support Cases
Navigating the complexities of child support can be a daunting task for anyone facing either the responsibility of paying child support or in need of financial assistance for their children. In New Hampshire, understanding the pitfalls to avoid can make a significant difference in the outcome of your case. As experienced New Hampshire child support lawyers, we at Tenn And Tenn, PA, are here to guide you through this process and help you avoid common mistakes that could impact your case.
Failing to Understand Your Rights and Obligations
One of the most critical mistakes individuals make in child support cases is not fully comprehending their rights and obligations under New Hampshire law. Whether you’re the obligor or the obligee, understanding the legal framework governing child support is crucial. Our team of experienced child support lawyers can provide you with the knowledge and guidance needed to navigate this complex legal landscape effectively.
Overlooking Documentation and Financial Disclosure
Proper documentation and full financial disclosure are essential aspects of any child support case. Failing to provide accurate and comprehensive financial information can result in inaccurate calculations and potential legal repercussions. Our attorneys can assist you in gathering the necessary documentation and ensuring that all financial information is properly disclosed to the court.
Skipping Mediation or Legal Representation
Attempting to navigate child support issues without professional guidance can be risky. Whether through mediation or legal representation, having an experienced attorney by your side can significantly impact the outcome of your case. Our team at Tenn And Tenn, PA, is dedicated to providing personalized legal representation tailored to your specific needs and circumstances.
How Tenn And Tenn, PA Can Help
At Tenn And Tenn, PA, we understand the complexities and challenges associated with child support cases in New Hampshire. Our team of experienced child support lawyers is committed to providing compassionate and knowledgeable legal representation to individuals facing child support issues. Whether you have questions about your rights and obligations, need assistance with documentation and financial disclosure, or require representation in court, we are here to help.
New Hampshire Child Support Lawyers client story
This client story is for educational purposes only.
In the midst of Colleen’s divorce with her husband Greg, there was one beacon of hope shining through the clouds — Mary Elizabeth Tenn of Tenn And Tenn, PA.
Colleen’s heart was heavy as she navigated the turbulent waters of separation. With two young children to care for, she knew she needed to fight for their future. But the prospect of battling for child support felt overwhelming. How could she ensure her children’s needs were met while facing the emotional strain of divorce?
From the moment they met, Mary’s warmth and compassion enveloped Colleen like a comforting embrace. She listened intently as Colleen poured out her fears and uncertainties, offering not just legal experience, but genuine empathy and understanding.
With Mary by her side, Colleen felt empowered to stand up for herself and her children. Mary’s unwavering dedication to her clients was evident as she tirelessly fought for Colleen’s rights in the courtroom. With fierce determination, Mary navigated the complexities of New Hampshire’s child support laws for Colleen.
As the proceedings unfolded, Colleen found herself filled with a newfound sense of hope. Mary’s guidance gave her the strength to weather the storm and emerge on the other side stronger than ever. With Mary’s help, Colleen secured the child support her children deserved, providing them with the stability and security they needed to thrive.
Today, Colleen looks back on her journey with gratitude, knowing that Mary Elizabeth Tenn and Tenn And Tenn, PA were there for her every step of the way. For anyone facing the daunting prospect of divorce and child support battles, Colleen offers a simple piece of advice — trust in Mary Elizabeth Tenn. With her by your side, anything is possible.
Frequently Asked Questions
What factors are considered when determining child support in New Hampshire?
Several factors are taken into account when determining child support in New Hampshire, including each parent’s income, the number of children involved, childcare expenses, healthcare costs, and any special needs of the child. Additionally, the court may consider other relevant factors, such as the child’s standard of living and the financial resources of each parent.
How is child support calculated in New Hampshire?
Child support in New Hampshire is calculated using the Child Support Guidelines, which apply a percentage of the parents’ combined net income based on the number of children. The guidelines aim to ensure fairness and consistency in child support determinations. However, deviations from the guidelines may occur in certain circumstances, such as shared parenting arrangements or extraordinary expenses.
What if my financial circumstances change after a child support order is issued?
If your financial circumstances change significantly after a child support order is issued, you may request a modification of the order. Whether you experience a decrease in income or an increase in expenses, it’s essential to notify the court and seek a modification promptly. Our experienced child support lawyers can assist you in navigating the modification process and advocating for a fair outcome.
Can child support orders be enforced if the obligor fails to pay?
Yes, child support orders in New Hampshire can be enforced through various means if the obligor fails to pay as required. Enforcement measures may include wage garnishment, interception of tax refunds, suspension of driver’s licenses, and even contempt of court proceedings. If you are experiencing difficulty enforcing a child support order, our knowledgeable attorneys can help you explore your options and take appropriate legal action.
What rights do non-custodial parents have regarding child support payments?
Non-custodial parents have the right to ensure that child support payments are fair and based on accurate financial information. They also have the right to seek modifications if their financial circumstances change significantly. Our team at Tenn And Tenn, PA, is dedicated to protecting the rights of non-custodial parents and advocating for their best interests in child support matters.
How can Tenn And Tenn, PA assist with child support issues in New Hampshire?
At Tenn And Tenn, PA, we focus in providing comprehensive legal representation for individuals dealing with child support issues in New Hampshire. Our experienced child support lawyers can answer your questions, guide you through the legal process, and advocate for your rights and interests every step of the way.
Ensuring Your Child’s Financial Support in New Hampshire
Child support is a crucial part of guaranteeing that children get the care they need to grow up healthy and happy. In New Hampshire, it’s a legal responsibility for both parents to contribute to their child’s upbringing financially. At Tenn And Tenn, PA, we understand the importance of this obligation and are here to help you navigate through any child support matters you may face in the Granite State.
Navigating Child Support in New Hampshire
Navigating the complexities of child support laws in New Hampshire can be challenging, but you don’t have to do it alone. Our team at Tenn And Tenn, PA, has extensive experience handling child support cases throughout the state. Whether you’re seeking to establish child support, modify an existing arrangement, or enforce court orders, we’re here to provide you with the guidance and support you need.
Contact Us for Assistance
If you’re facing a child support matter in New Hampshire, don’t hesitate to reach out to us. We offer thorough, in-depth information on child support concerns that are significant to you. Schedule a consultation with one of our experienced New Hampshire child support lawyers to discuss your case and explore your options. At Tenn And Tenn, PA, we’re committed to helping you protect your child’s best interests.
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