by JPeters | October 23, 2024 9:49 am
New Hampshire lawmakers have changed the law for determining child support in certain cases, creating new and amended definitions concerning childcare costs, parenting time and schedules, and income. House Bill 1564[1], in amending RSA 458-C-5[2], also increased the self-support reserve and revised the guidelines for child support based on parents’ incomes and parenting schedule.
These changes become effective on January 1, 2025.
New and Amended Definitions
• Eligible childcare costs are defined as “the costs for childcare incurred by either parent, necessitated by the parent’s employment, paid to a childcare provider.”
• Parenting time is defined as the “period of time when a parent has physical responsibility for their children.”
• Parenting schedule is defined as “a schedule agreed 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.” The revised statute also included definitions for two phrases often used in legal parlance but still need to be clearly defined in New Hampshire law.
• Approximately equal parent time is defined as a parenting schedule where “each parent has parenting time for greater than 40 percent of the annual parenting schedule.”
• Substantially shared parenting time is defined as a schedule in which “each parent has parenting time for greater than 35 percent of the annual parenting schedule.”
New Guidance for Determining Support
The law for deviating from the child support guidelines in determining child support due to parenting schedules— RSA 458-C:5, 1(h)[3] — has been completely rewritten, creating a new framework for negotiating and litigating parenting and child support issues. The new guidance offers various scenarios based on parental income and parenting schedules, which is helpful in some cases but may not be in others.
For example, the previous standard, which will be repealed, was much narrower and required divorcing or unmarried parents to agree to share expenses for their children. The new language is unclear on whether the divorcing parties must agree on this basic premise or if the court can order it. Some language in the new law indicates that it could be in the court’s discretion to order the sharing of expenses.
But is this always a good thing? Having handled contempt and enforcement matters concerning “sharing agreements” gone awry, there are dangers of court-ordered sharing in certain situations. It can lead to costly future litigation fraught with accounting nightmares. In situations that involve violence and abuse, having continual contact to share expenses may be, at the very least, uncomfortable. At the worst, it could provide an opportunity for perpetuated abuse, likely something the law makers did not intend and what parties and courts would wish to avoid.
The new premise for determining parenting time percentages may be more difficult to illustrate and validate in some of the more creative and flexible parenting plans. Now that “approximately equal parent time” has been defined, considerably more attention will be paid to counting the actual hours that children are each parent’s physical responsibility.
How these changes will play out in cases involving parenting time (formerly known as child custody) and/ child support mediation and litigation remains to be seen. If you are considering divorce or parenting actions with associated parenting (formerly known as child custody) and child support negotiations — or believe you are eligible for child support modifications — this new law may affect that process.
If you have any questions or concerns, consider contacting Orr & Reno for assistance. We can help you understand your legal situation and the risks and opportunities this new legislation presents.
Nicole A. Forbes[4] and Dakema L. Welch[5]
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