Parenting and Child Support
Feb 12, 2025Parenting and Child Support
How to navigate recent legislation that establishes a new framework for negotiating parenting time and child support in New Hampshire
Significant legislation governing parenting rights and child support in New Hampshire became effective on January 1, 2025.
Equal Parenting Time and Residential Responsibility
While shared parenting arrangements have become more common in recent years, a change in RSA 461-A:2, New Hampshire’s statute governing parenting rights and responsibilities, now establishes a rebuttable presumption that parents will have approximately equal parenting time with their children.
The prior statutory language provided that the State “support[ed] frequent and continuing contact between each child and both parents.” Now, the statute provides the State will “encourage approximately equal parenting time between each child and both parents if it is in the best interest of the child.” The change is significant. While the standard of the “best interests of the child” remains central in the court’s ultimate decision-making, the revised statute sets forth the initial presumption—the starting place for the judge making the ultimate decision—that an award of equal or approximately equal parenting time will be appropriate unless proven otherwise.
In addition to setting a rebuttable presumption of approximately equal parenting time, the legislature also modified the State’s child support statute, RSA 458-C, by adding the following definitions that directly bear on parenting schedules:
- Parenting time is defined as “a period of time when a parent has physical responsibility for their children.” RSA 458-C:2, VIII-b.
- A parenting schedule is defined as “a schedule agreed to by the parents, or ordered. by the court, which specifies the days of the week and hours of the day when each parent has parenting time with their children.” RSA 458-C:2, VIII-c.
- An approximately equal parenting schedule refers to a “parenting schedule where each parent has parenting time for greater than 40 percent of the annual parenting schedule.” RSA 458-C:2, VIII-c(a).
- A substantially shared parenting schedule refers to a “parenting schedule where each parent has parenting time for 35 percent of the annual parenting schedule.” RSA 458-C:2, VIII-c(b).
Impact of Parenting Time and New Child Support Guidance
The New Hampshire legislature also made sweeping changes to RSA 458-C, the State’s child support statute. These changes include, in part, how courts determine child support obligations under specific circumstances, creating new and amended definitions for eligible childcare costs and substantially similar income, and increasing the self-support reserve. RSA 458-C:2.
“Eligible child care costs” refers to the costs paid to a child care provider necessitated by a parent’s employment. RSA 458-C:2, III-a. “Substantially similar income” refers to parents whose difference in monthly gross income is no more than 10%. RSA 458-C:2, X-a.
The most noteworthy change can be seen in RSA 458-C:5, where the legislature established a new framework for negotiating and litigating parenting and child support issues in New Hampshire. Now, the similarity of the parties’ income and parenting schedule will play a larger role in determining the appropriate child support award.
If the parents are equally responsible for eligible childcare costs, uninsured medical expenses, and agreed-upon extracurricular activities, parenting plans may now have the following effect on child support awards:
- If the parties have substantially similar incomes and an approximately equal parenting schedule, the presumptive child support award is $0. RSA 458-C:5, I(h)(1)(A).
- If the parties have substantially similar incomes and a substantially shared parenting schedule, it is presumed that a deviation from the child support guidelines is appropriate. RSA 458-C:5, I(h)(1)(B).
- If the parties do not have similar incomes and do not have an approximately equal or substantially shared parenting plan, it is presumed that the child support guidelines are appropriate. RSA 458-C:5, I(h)(1)(C).
- If the parties do not have similar incomes but have an approximately equal or substantially shared parenting schedule, the courts will evaluate the best interest of the children and whether the lower-earning parent can meet the costs of child-rearing similar to the other parent when determining if the child support guidelines are appropriate. RSA 458-C:5, I(h)(1)(D).
Need guidance?
If you are in the process, or considering beginning the process, of a divorce or parenting case, these legislative changes may affect you. These changes may also invite modification in cases that have already concluded. We recommend scheduling a consultation with an attorney to discuss how these changes may impact you and your family.
