Legal Tidbits

1. What Are The Child Support Guidelines?
   
   Instead of having inconsistent amounts of support issued by different courts and judges, New Hampshire adopted Child Support Guidelines (RSA 458-C:2).  It is a mathematical formula that takes into consideration the number of children to be supported and the adjusted income of each parent.  This gives some continuity in awards.
   
   
2. If a Former Spouse is Unemployed, Must He/She Still Pay Support?
   
   Regardless of income there is a minimum amount of child support that must be paid.  If the gross income of the parent that owes the money is less than what the Child Support Guidelines calls for as a "self-support reserve", and that parent is not found to be voluntarily unemployed or underemployed, the child support payable is fifty dollars ($50.00) per month.
   
   
3. I Don't Care What The Guidelines Call For, I Can't Afford This Much.  Can I Pay Less?
   
   The statute (RSA 458-C:5) provides that special circumstances including, but not limited to, the following, may result in adjustments to the application of the support guidelines:
   
   
   • Ongoing extraordinary medical, dental or education expenses incurred for a child;
     
     
   • Significantly high or low income;
     
     
   • The economic consequences of the presence of stepparents or stepchildren;
     
     
   • Extraordinary travel expenses for visitation;
     
     
   • Economic consequences to either party of the disposition of the marital home made for the benefit of the child;
     
     
   • The opportunity to optimize both parties' after-tax income by taking into account federal tax consequences of an order of support;
     
     
   • State tax obligations;
     
     
   • Split or shared custody arrangements;
     
     
   • Other special circumstances found by the court to avoid an unreasonably low or confiscatory support order.
     
     
   If you want a break from the Guidelines, you have to show one or more of these special circumstances.