ESTABLISHING CHILD SUPPORT OBLIGATIONS
WHO IS RESPONSIBLE FOR PAYING CHILD SUPPORT?
Both married and unmarried parents are responsible for providing financial support for their children. This is true even if a non-custodial parent's visitation or custody rights have been restricted by a court. In New Hampshire, stepparents married to parents with children are also liable for supporting their stepchildren (RSA 161-C:1 and 2).
DO YOU NEED A LAWYER?
If you can afford an attorney, it is a good idea to hire one to represent you in a child support case. If you cannot afford representation, it is a good idea to at least consult an attorney about your case. You may also apply for child support services by obtaining an application at the Child Support Office nearest you. Whether or not you are receiving public assistance, you are eligible for assistance in establishing and enforcing a child support order.
WHAT IS THE OFFICE OF CHILD SUPPORT?
The New Hampshire Office of Child Support is a state agency in the Department of Health and Human Services. Child support services are available to any parent or guardian with whom the child lives, whether or not the non-custodial parent lives in New Hampshire. There currently is no charge for these services.
If a parent is receiving public assistance, child support services are automatically provided. Any parent not receiving public assistance can apply for services by filling out an application at the nearest Health and Human Services district office, or by calling Client Services (1-800-852-3345, ext. 4427). The Office of Child Support will work to locate absent parents, determine paternity, establish and enforce a child support order, and collect and distribute support payments.
HOW IS A CHILD SUPPORT ORDER ESTABLISHED?
If parents cannot make their own arrangements for child support by mutual agreement, they may go to court to establish a child support order. The court system becomes involved in several types of situations including, but not limited to:
HOW IS CHILD SUPPORT DETERMINED?
The New Hampshire child support guidelines formula is based on the adjusted gross income of both parents (RSA 458-C). Adjusted gross income means gross income minus court-ordered support actually paid, 50% of the cost of medical insurance for the children, and mandatory retirement payments. Gross income is allowable income from any sources, as reported to the court by each parent in a sworn financial affidavit. Either parent may request verification of the other's income, for example, with wage stubs or tax returns. Public assistance benefits are not counted as income. Overtime income is included unless it is occasional or seasonal.
The total support obligation is a percentage of both parents' adjusted gross income after taxes and withholding are deducted. The percentage is determined by the number of children. For example, for one child the percentage is 25%. For three children the percentage is 40%. The total child support obligation is divided between the parents in proportion to their respective incomes after the adjustments and deductions have been made. If there are work-related child care expenses, there is a further adjustment of the income of the parent incurring the expense which reduces that parent's share of the obligation. The minimum order is $50.00 per month, regardless of the number of children you have.
As part of determining what support must be paid for a child, the court must also decide what health insurance is to be provided and how uninsured medical expenses are to be paid (RSA 458-17 IX). It may order additional payments for special expenses and for college.
Although the amount of the child support order is presumed to be the figure determined by the guidelines formula, the court has the power to raise or lower that figure if it finds there are special circumstances making the order amount inappropriate or unjust. Reasons for adjustment include: extraordinary medical expenses, significantly high or low income of either parent, or split/shared custody. The parents themselves may agree to deviate from the guidelines amount if there are special circumstances, but the court must make a written finding that the application of the guidelines would be inappropriate or unjust. A parent receiving public assistance, however, cannot agree to deviate from the guideline amount without the written consent of an attorney from the Office of Child Support of the New Hampshire Department of Health and Human Services.
WHEN ARE THE CHILD SUPPORT GUIDELINES USED?
The child support guidelines must be applied in all child support cases, including divorce, paternity, and shared custody.
HOW LONG IS CHILD SUPPORT PAID?
Child support must be paid until children are 18 or terminate their high school education, whichever happens later.
CAN CHILD SUPPORT BE CHANGED LATER?
The amount of child support ordered may be reviewed by the court every three years upon request, or earlier, if either parent's financial circumstances change substantially. Although the court may consider the needs of any additional children a parent may be required to support, the children in the initial family of the parent paying support are entitled to a standard of living equal to that of the parent's subsequent families (RSA 458-C:1, II).
WHAT SPECIAL CONSIDERATIONS APPLY IN DOMESTIC VIOLENCE CASES?
The court may order that support be paid if there is a showing of abuse in a domestic violence case (RSA 173-B:4). Domestic violence victims may wish to apply for services of the Office of Child Support to minimize contact with the other parent. In this case, they should ask the court to have payments made through the Office of Child Support in order to minimize contact with their abusive partner.
If you are awarded custody in a domestic violence case and your abusive partner does not have your current address, you may ask the court to have your record sealed. This means your address will be kept in a sealed envelope in your file, and cannot be opened by anyone, thereby preventing your partner from finding out the address. It is best to give the court the name and address of someone else to receive notices from the court.
In cases of domestic violence, it is a good idea to seek good cause with the Office of Child Support if public assistance or Medicaid is being received. Forms requesting good cause can be found at the public assistance office. Good cause exists to protect both the custodial parent and child for whom pursuing support has the potential of being harmful.
WHAT IS GOOD CAUSE?
Good cause can be claimed when efforts to pursue support are against
the best interest of the child, or the parent/caregiver with whom the child
lives. To show good cause, you must provide verification that contacting
the other party for support could or would result in physical or emotional
harm to your child or yourself and/or impede your ability to care for your
child adequately. Unless such a claim is established, you will not be able
to apply for public assistance or Medicaid until you provide the state with
the name and address of the non-support paying parent, and cooperate with
the Office of Child Support in establishing a child support order.
ENFORCING A CHILD SUPPORT ORDER
WHAT DOES IT MEAN IF YOU ARE COURT ORDERED TO PAY SUPPORT?
Either parent can be ordered to pay child support. All parents who pay support must notify the court, in writing, of any change of address within 15 days of the change (RSA 161-B:9). Notification must be sent to the court that established the initial order of support.
Since January 1, 1994, all new or modified child support orders are subject to immediate income assignment (designated amount of pay which is withheld from the paycheck of the person paying support), whether or not support is paid through the Office of Child Support (RSA 458-B:2). The income assignment may be suspended by the court if the children do not receive public assistance when the court approves a written agreement of the parties, or if the court decides there is reason not to require immediate income assignment.
WHAT CAN YOU DO IF CHILD SUPPORT IS NOT PAID?
In cases where child support payments are not being made, a custodial parent can file a petition for contempt of court. If the parent is found to be in contempt, the custodial parent can ask that attorney's fees and costs be paid by the other parent. (Remember that this is just a request, and will not necessarily be granted). Based on this contempt petition, the court may do any or all of the following:
The custodial parent can ask the Office of Child Support to assist with the collection if support is over one month past due or if a domestic violence protective order has been issued by a court. If the non-custodial parent does not file an objection with the Office of Child Support, the case will then be set up for collection without anyone appearing in court. If there is an objection, the court will decide if payments will be made through the Office of Child Support.
HOW DOES THE OFFICE OF CHILD SUPPORT ENFORCE AN ORDER?
Child support services are available to parents whether or not they are receiving public assistance, and whether or not the non-custodial parent lives in New Hampshire. Parents requesting services must complete an application and forward it to the nearest Health and Human Services District Office along with birth certificates for the children involved, and a copy of all court orders relating to support. Applications can be obtained from the local Health and Human Services offices, or by telephoning Client Services at the Office of Child Support.
If child support orders are enforced by the Office of Child Support, the custodial parent should provide as much information about the non-custodial parent as possible, including the parent's full name, nicknames, social security number, date of birth, current and previous addresses, and current and past employers. It is important that the custodial parent also forward any new information to the Child Support Office because the custodial parent is frequently the best source of information on the case.
The Office of Child Support has several ways in which to enforce an order. It can use any of the following:
If the non-custodial parent lives out of state, the Office of Child Support can ask the other state to enforce New Hampshire orders using the same methods available to collect support in-state. As resources permit, the Office of Child Support may take non-custodial parents to court for contempt and seek an order for the non-custodial parent to pay support immediately, or be jailed.
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