Support in New Hampshire

How New Hampshire Calculates Child Support

New Hampshire uses an income shares model under RSA 458-C to calculate child support. The guidelines are based on the principle that children should receive the same proportion of parental income they would have received had the family remained intact. Both parents’ incomes are considered, and the support obligation is allocated proportionally.

The calculation begins with each parent’s adjusted gross income, which includes wages, salaries, tips, commissions, bonuses, pensions, Social Security, workers’ compensation, unemployment benefits, rental income, and investment income. Self-employment income is included after deducting ordinary and necessary business expenses. The court may impute income to a parent who is voluntarily unemployed or underemployed.

Each parent’s gross income is adjusted by subtracting pre-existing support obligations for other children, the cost of health insurance for the child, and work-related child care costs. The parents’ adjusted incomes are combined and applied to the guidelines schedule, which produces a base support obligation. Each parent’s share is proportional to their percentage of the combined adjusted income.

For a general overview of income shares models, see our guide on how child support is calculated. You can also run preliminary numbers with our child support calculator.

Parenting Time Adjustments

New Hampshire’s guidelines include adjustments for shared parenting time. When a child spends a significant amount of time with the non-custodial parent, the support obligation may be adjusted to reflect the increased costs that parent incurs. The specific threshold and formula for the adjustment are set forth in the guidelines and account for the duplication of fixed costs when a child maintains two homes.

Deviation from Guidelines

The court may deviate from the guidelines amount when it finds that applying the formula would be unjust or inappropriate. Under RSA 458-C:5, deviation factors include:

• Extraordinary medical, dental, or educational expenses
• Significantly higher or lower income than the guidelines table accommodates
• The economic consequences of the parenting schedule
• Special needs of the child
• Other household members contributing to expenses
• The obligor’s support obligations for other children
• The child’s own income or assets

Any deviation must be supported by written findings explaining why the guidelines amount would be unjust.

Modifying or Terminating Child Support

Either parent may petition the court to modify child support upon a showing of a substantial change in circumstances since the last order. Common grounds include significant changes in income, job loss, changes in the child’s needs, or a change in the parenting schedule.

Child support in New Hampshire generally continues until the child reaches age 18, or until age 19 if the child is still in high school. The court does not have authority to order support for college expenses, though parents may voluntarily agree to contribute.

Enforcement of Child Support Orders

The New Hampshire Division of Child Support Services (DCSS) has broad enforcement authority:

• Automatic income withholding from wages
• Interception of state and federal tax refunds
• Suspension of driver’s, professional, and recreational licenses
• Liens on real and personal property
• Reporting arrearages to credit bureaus
• Contempt of court proceedings, which may result in fines or incarceration
• Passport denial for arrearages exceeding $2,500

Alimony in New Hampshire

Alimony in New Hampshire is governed by RSA 458:19 and may be awarded when one spouse has a demonstrated need and the other has the ability to pay. New Hampshire courts recognize term alimony, rehabilitative alimony, and reimbursement alimony. There is no statutory formula for calculating the amount or duration; instead, the court weighs a range of factors.

Key factors the court considers include:

• Length of the marriage
• Age, health, and emotional condition of each party
• Occupation, income, and employability of each party
• The estate and needs of each party
• The opportunity for future acquisition of capital assets and income
• Fault of either party (New Hampshire is one of the states where marital fault may influence alimony)
• Federal tax consequences
• The property division made in the divorce

Alimony is modifiable upon a showing of changed circumstances and generally terminates upon the death of either party or the remarriage of the recipient. The court may also consider cohabitation by the recipient as a basis for modification or termination.

When to Seek Legal Guidance

New Hampshire’s income shares model provides a structured framework for child support, but alimony determinations involve significant judicial discretion, particularly because fault may be considered. Whether you are calculating support obligations or evaluating an alimony claim, consider scheduling a free consultation with a family law attorney to discuss your specific circumstances.

Statutes referenced: RSA 458-C (Child Support Guidelines), RSA 458:19 (Alimony).

Frequently Asked Questions

How is child support calculated in New Hampshire?

New Hampshire uses a formula that considers both parents’ income, the number of children, custody arrangements, and expenses like healthcare and childcare. The court applies state guidelines to determine the base amount, though deviations are possible in certain circumstances.

Can child support be modified in New Hampshire?

Yes. Either parent can request a modification if there has been a substantial change in circumstances, such as a significant change in income, a change in custody arrangements, or increased expenses for the child. The court must approve any modification to an existing order.

How long does child support last in New Hampshire?

In most cases, child support in New Hampshire continues until the child turns 18 or graduates from high school, whichever comes later. Some states extend support through college or for children with special needs. Check New Hampshire’s specific rules for exceptions.

What happens if a parent does not pay child support in New Hampshire?

New Hampshire has enforcement mechanisms including wage garnishment, tax refund interception, license suspension, and contempt of court proceedings. The receiving parent can work with New Hampshire’s child support enforcement agency to collect unpaid support.

Does New Hampshire award alimony in divorce cases?

New Hampshire courts may award alimony (also called spousal support or maintenance) based on factors like the length of the marriage, each spouse’s earning capacity, contributions to the marriage, and the standard of living during the marriage. Alimony is not automatic and depends on the specific circumstances of the case.