Tuesday, March 1, 2016

Child Support Modification Laws in New Hampshire

The statute indicates that child support can be modified either every three years or if there has been a substantial change in circumstances that warrants such an adjustment.  However, the court does not want, or have the resources to handle, a flurry of activity every time something simple or routine happens in someone’s payment schedule, i.e., a minimal annual raise or minor increase in rate of pay.  So, the court has established a procedure by which the parties can return for a review on the three-year anniversary date of the original child support court order. Otherwise, the only time the parties can seek to modify child support is if there is a substantial change in circumstances. That term can be ambiguously and broadly interpreted by the court and it is often a very fact-specific based argument. 

Support Changes & Modification Circumstances

Specifically, you have to make a compelling argument as to why you cannot pay the same amount and what circumstances occurred that necessitate such a change.  Frequent examples will be when someone changes their job status from part time to full time or full time to part time; a medical illness or a debilitating disease occurs; some type of personal injury results in a loss of employment and/or a temporary hiatus is needed due to short  term or long term disability; a company’s closure or layoffs; loss of regular and consistent overtime; some type of seasonal work change or, conversely, a promotion or company merger that results in a better rate of pay for someone. 

Free Consultations

As you can see, all of these situations result in individual families being reviewed and examined by the court as to the circumstances surrounding the need for a modification. If the judge determines that there has been a substantial change then the child support order will be modified on a temporary or a long-term basis.  If you feel that you have sufficient grounds to have your child support recalculated, please contact our office for a free consultation.

By Robert Bartis


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