Child support orders can be among the most readily-resolved questions in family law cases, and then again on the other hand they can sometimes be among the most hotly contested, depending on the circumstances and to some extent the personalities in play. Generally speaking, when parents quickly agree to a schedule and amount for child support payments, it is either because the paying parent is happy to contribute to their own child’s financial security and the parent receiving the payments is well aware of their former spouse’s commitment to fulfilling his or her role as a parent, or because both parents understand the Concord, NH child support guidelines and can apply the formula for child support calculations provided under RSA 458-C:3 for themselves to confirm that the court’s orders are in line with statewide expectations for families in comparable circumstances.

Unlike some matters commonly decided in the course of a divorce, however, child support payments are not typically determined by agreements negotiated between the parents during family mediation, or as part of an independent settlement the parties present for the court’s approval. There is nothing preventing divorcing partners from discussing their planned or preferred payment schedules, or from using calculations based on the RSA 458-C:3 formula to arrive at estimates to facilitate both their settlement discussions and their individual financial planning. The relative strictness of state guidelines for determining each parent’s obligation with respect to the financial support of their shared child or children, however, in combination with the duty placed on Concord, NH family courts to seek the outcome in each child support decision that most favors the child’s best interests, can mean that child support arrangements are not as flexible to the parents’ own negotiated preferences as are many of the other decisions commonly reached in family cases. Parents who feel that they may need to persuade the court to adjust the application of the guidelines based on factors present in their specific case may wish to consult with a Concord, NH family law attorney to discuss their legal options.

Although child support determinations may not be as open to negotiation between the parents as some other considerations in family law matters, they are not totally inflexible in spite of the statewide formula. Instead, RSA 458-C:3-a requires Concord’s Bureau of Child Support Services, operating under the state’s Department of Health & Human Services (HHS), to publish an annually-updated Child Support Guidelines Worksheet. Under RSA 458-C:3-a, each party must complete and file a copy of this worksheet for every hearing in which child support payments are at issue, so that the court can see how the parents are arriving at their calculations. Additionally, RSA 458-C:5 establishes criteria courts may use in adjusting the application of standard guidelines when there are special circumstances present in a specific case. When a parent seeks the advice of an attorney for the establishment of child support orders in their Concord, NH family case, often it is because they want knowledgeable support for presenting their arguments to the court regarding these adjustments.

Sometimes child support orders that made sense when they were originally established become less appropriate as time goes on, due to changing circumstances. Common indications include parental job changes that result in marked shifts in income (up or down) and substantial changes in practical considerations related to parenting schedules that lead to the child spending significantly more time with the parent paying child support than was originally planned. One of the main functions of child support payments is to distribute the financial responsibility for raising shared children in a way that is fair, and when one parent has the child in physical custody – generally meaning “in their home” – much more than the other, it is very common for child support schedules to take the additional expenses incurred by the parent with greater custodial responsibility into account. If the balance of the time spent in each parent’s home shifts in a way that is substantial and likely to be permanent, then requesting a modification of child support orders may be both appropriate and accompanied by a concomitant request for modification of custody.

New Hampshire courts generally aim to preserve a high degree of stability for the children affected by family law cases, and as a result the judge presiding may often require considerable evidence before agreeing to a modification that will materially alter a child’s financial circumstances – particularly if it is not immediately apparent how the change will benefit the child. Courts also commonly aim to limit the frequency with which they modify orders, for similar reasons related to stability and continuity. These factors together, combined with the frequently significant personal and financial stakes – for both children and parents – of modifying child support orders can often lead individuals considering such modifications to seek the advice of an attorney. Coparents who feel their exes may be filing inappropriate requests for modification of child support orders – or who agree that a modification is appropriate but dispute the specifics of the other parent’s proposed calculations – may also seek the guidance of a knowledgeable New Hampshire child support lawyer to assist them in arguing for their version of the HHS child support worksheet.

While most people want to take care of their children, the unfortunate reality is that there are also parents who will refuse to fulfill this basic responsibility unless constrained to do so by the long arm of the law. At the other end of the spectrum, at Naro Law PLLC we also sometimes see cases in which individuals who are temporarily unable to meet their child support obligations due to factors outside their control – such as sudden job loss or a medical emergency – are hounded by their exes, putting these struggling parents in a difficult situation on multiple fronts at once.

The Bureau of Child Support Services, in addition to its child support calculator, maintains an online system for tracking child support payments, which parents paying child support (known as “obligor” parents) may or may not be ordered to use. If you are a parent paying child support through the Bureau of Child Support Services, or if your child support payments have been made through income withholdings at a job you have lost, then the Bureau’s obligor information page may be your first port of call for determining whether there is any flexibility available in light of a temporary setback. If you are the parent receiving payments – or if your financial difficulties are likely to be too significant to be managed by minor adjustments – then it may be time to consult an attorney with experience in handling New Hampshire child support cases to get help in evaluating your options.