While there once was a time when mothers were presumed to be the best caregivers for children and often received sole physical custody with visitations for fathers, those antiquated views have changed rapidly and dramatically in the last few decades. Today, divorcing couples and unmarried parents not only often agree that fathers are just as capable of parenting as mothers, they also often try to ensure equal parenting so that their children benefit from similarly close relationships with each parent. However, this decision to balance parenting time so that it is generally equal may be the source of new struggles for parents who are no longer in a romantic relationship with each other. New Hampshire’s new child support laws that took effect on January 1, 2025 may have a significant, if confusing, impact on child support calculations for both new and existing support orders. If you have an existing order or will be requesting child support soon, and are concerned about how these new laws may impact you, call Naro Law at (603) 212-9480 for a free consultation to review your case and learn how one of our divorce and child custody attorneys may be able to assist you.
Child Support Calculations Prior to January 2025
In the past, parenting time had little to no impact on child support calculations. In fact, the version of NH §458-C:5 Paragraph I(h) that was effective until January 1, 2025, specifically stated that equal or approximately equal parenting residential responsibilities (physical custody of the children) alone would not eliminate the need for child support. This section also stated that equal or approximately equal custody would not be grounds for an adjustment to an existing child support order. However, this equal or nearly equal custody agreement does often impact child support.
Sole or Unequal Custody
In the past, one parent may have been granted sole physical custody, or a higher percentage of parenting time than the other. This is still an option but is less frequently considered as the default. When one parent is given the majority of the parenting time, they generally also receive child support from the other parent (the obligor) to offset some of the expenses they are covering as a result of having the children the majority of the time.
In some instances, these parents may also agree to split some specific child-related expenses, such as childcare, educational expenses, uninsured healthcare expenses, or extracurricular activities. If this were the case, the parents could ask the court to deviate from child support guidelines and order more or less support, based on their agreement to share those expenses. Typically, this would result in the parents requesting the deviation skew toward a higher support order and there was no guarantee that the request would be granted, as the child support guidelines and calculations were meant to account for these types of expenses.
Equal or Approximately Equal Custody
Parents today often prefer to have an equal or approximately equal custody arrangement that allows both parents to have as much time as possible with their children. This arrangement is emotionally beneficial to the children and the parents. Child support calculations were not based on how much time the parents had the children in their custody, but instead on many factors, including each parent’s income, income tax considerations including earned income tax credit, and the economic effects of any stepparents, step-children, or other biological or adopted children in the home.
With equal or approximately equal custody, parents often agreed to split child-related expenses, such as childcare and extracurricular activities. While the parenting schedule cannot be used by itself in child support calculations, it could be used to request adjustments to child support when the parents were also splitting these other child-related expenses. However, to do so, there was a three-prong test that must be passed. The first prong was that both parties agreed to split these expenses. The second prong was that the obligor provided proof that the equal or approximately equal parenting schedule resulted in a reduction of any of the fixed costs of raising children incurred by the other party. The third prong was whether the lower-income parent’s income enabled that parent to meet the costs of child-raising in a similar or approximately equal style as the higher-income parent. In these instances, the parents requesting the deviation often wanted to skew toward a lower support order. Again, there were no guarantees that the request would be granted.
Child Support Calculations Beginning January 1, 2025
The new laws that took effect January 1, 2025 are specifically applicable to parenting schedules that are equal or approximately equal. Cases where one parent has been given sole custody or the majority of the parenting time will generally continue to be treated the same way as they have been in the past. However, the changes to cases with approximately equal or substantially shared parenting schedules may be significant. The law offers a variety of scenarios based on the parenting schedules and parental income. Additionally, the law is not entirely clear on some details.
Shared Expenses
While the law previously required parents to agree on splitting child-related expenses such as childcare, healthcare, or extracurricular activities, the new law is not clear about whether this is still a requirement. This raises questions not only regarding whether the parents must agree, but whether the court may be able to order it. In other words, the law does not state whether the court can force parents to share these expenses, even if they do not wish to do so (though some may argue that the New Hampshire Supreme Court’s holding in In the Matter of Hoyt & Hoyt, 171 N.H. 373 (2018) prohibits a court from ordering parties to share expenses).
The court ordering divorcing couples to share expenses in this way could be problematic, particularly for cases involving domestic violence or abuse. To share such expenses, the parties must be in continual contact to share the details of the expenses and to allow one party to pay the other party their share of those expenses. This could prove uncomfortable for the victim in a best-case scenario and allow for continued abuse in a worst-case scenario. If abuse and a potential court order to share expenses is a concern in your case, an experienced family law attorney with Naro Law may be able to review your case and offer guidance on how to proceed.
Child Support Calculations
While the parenting schedule alone was not enough to deviate from New Hampshire’s Child Support Guidelines in the past, the new law has changed this. As of January 1, 2025, NH §458-C:5 provides that when the parents’ incomes are substantially similar and they have approximately equal parenting schedules, there is a rebuttable presumption that no child support is appropriate, and that if the parents’ incomes are substantially similar with substantially shared parenting schedules, there is a rebuttable presumption to deviate from the state’s guidelines for child support calculations.
For cases in which the parents’ incomes are not substantially similar and they do not have substantially shared or approximately equal parenting schedules, the law provides there is a rebuttable presumption that the state’s child support calculations will result in an appropriate child support order. However, when the parents’ incomes are not substantially similar but they do have substantially shared or approximately equal parenting schedules, the law acknowledges that the state’s calculations may or may not result in the appropriate support obligation. In these last cases, the court will determine an appropriate child support obligation in the best interests of the child, with a specific consideration of whether the proposed adjustment to the child support calculations would allow the parent with the lower income to raise the child in a style similar to that of the parent who earns more.
What is a Rebuttable Presumption?
When discussing child support calculations, a rebuttable presumption means that a fact is legally assumed to be true based on other facts, but can be proven false by evidence. Consider the rebuttable presumption that when both parents have substantially similar incomes and approximately equal parenting schedules, there should be no child support obligation. This means that the court will assume that it is true there is no need for child support to be paid by either parent to the other parent. However, because this presumption is rebuttable, either parent could provide evidence to the court that may persuade the court to order child support. An example of this evidence may be that when one parent does not have the child, they are traveling for work, so the other parent must pay for additional childcare.
How Does This Affect My Child Support Calculations Specifically?
The basic idea of this statute is that if both parents have substantially similar incomes and substantially shared or approximately equal parenting plans, they are more likely to have no child support ordered because circumstances are essentially the same for both parents. This results in the child’s circumstances being essentially the same regardless of which parent they are with. Like child support itself, this new statute is very nuanced. There are aspects of the law that are not entirely clear, which may cause confusion and appeals of child support orders. Additionally, due to the inclusion of the parenting schedule as part of the child support calculations, while the new statute may or may not apply to a particular case at the current time, that may change in the future if the parents change their parenting schedule. However, every case is unique and because the new statute does allow the parenting schedule to play a larger role in the determination of child support, many parents may find themselves in court or a lawyer’s office, questioning the specifics of how this impacts their child support calculations, as well as how it may affect their decisions regarding the parenting schedule.
How Does This Impact Modifying Existing Child Support Orders?
The new statute does not explicitly address whether it applies to modifications of existing child support orders nor how it would apply to them if it does. The New Hampshire Department of Health and Human Services explains that these orders can be modified if the most recent order is at least three years old or if there is a substantial change in circumstances for one or both parties. This has not changed as a result of the new statute. Still, generally, parents may want to assume that the new statute will be applied when modifying existing orders, unless or until either there is clarification or there is enough evidence to indicate otherwise.
Additionally, it may be worth noting that some parents may choose to request a modification to an existing child support order now that the new statute is in effect. These parents may wish to take advantage of the new law and the possibility that they may no longer be required to pay child support as they have been in the past. Again, because it is not yet specified or known how this new statute may apply to the modification of existing child support cases, parties cannot be certain that their order would change or that it would be changed in a way that complies with this new statute.
How A New Hampshire Divorce or Child Custody Lawyer May Assist You
Family law often changes regarding matters such as divorce, child custody, and child support. The average person cannot keep up with these changes, nor can you be expected to understand precisely how these changes might impact you. A skilled New Hampshire family law attorney may be able to assist you by determining how changes such as this statute may apply to your case, explaining the impact it may have on your case, and reviewing your options if you need to request a new child support order or modification of an existing one. If you would like to learn more about the new statute, child support calculations, or other matters related to child custody and post-divorce parenting, call Naro Law at (603) 212-9480 to schedule a consultation with one of our compassionate attorneys.
