If you’re the parent of a child of whom you do not have custody, it is likely that you will have to pay child support to the custodial parent. The following considers how child support is calculated in the State of New Hampshire, how to seek a modification to an existing child support order, and what your options are if you have questions. At the Law Offices of Attorney Michael F. Mimno, we can lead your way through the complex legal system.
How Child Support is Calculated in New Hampshire
The 2015 Child Support Guidelines published by the State of New Hampshire Department of Health and Human Services – Division of Child Support Services provides a child support guideline calculation table. In New Hampshire, a child support amount is calculated in accordance with a law determined by the legislature. The amount of child support you must pay is dependent upon your monthly adjusted gross income, and the number of children you have, the cost of medical insurance for the child day care costs and the amount of any state income taxes paid.
Gross income is defined by Title XLIII Domestic Relations, Chapter 458-C – Child Support Guidelines, as “income from any source, whether earned or unearned…” As such, it includes all types of income, including but not limited to wages, Social Security income, unemployment income, tips, salaries, and more.
Modifications to a Child Support Order
In New Hampshire, the state allows for a review of a child support order every three years. However, it is important to note that once a court has set a child support order, it is very difficult to modify the order prior to the three-year review.
A modification is typically only allowed if a significant change in financial circumstances has occurred. For example, if you have lost your job, a modification may be allowed.
If Child Support is Unpaid
A child support determination is an amount that is set by the court and must be paid; failure to pay a child support obligation is a violation of the law. If child support goes unpaid, wages may be garnished, assets may be seized, and you may be held in civil contempt of court. The court has the authority to incarcerate an individual who fails to meet his or her child support obligation.
When You Should Consult with a New Hampshire Child Support Attorney
If you are seeking a separation or divorce from your current partner and have children, it may be within your best interest to seek legal counsel. This is especially true if you want custody of your child or have significant financial assets.
When dealing with child custody and child support, you’re bound to have a number of serious questions and concerns about what a court will order and what the future holds. For a legal representative who will keep your best interests in mind, call the child support lawyer at the Law Offices of Attorney Michael F. Mimno. You can reach us now at 978-470-4567.