College and Adult Child Support in New Hampshire: Post-Secondary and Disabled Children

By the FigureMyTax Editorial Team · How we calculate

No New Hampshire child support order can require a parent to pay for college, but parents can agree in a court-approved stipulated decree. Support for a child with disabilities can continue, but not past 21 for newer orders.

Does child support cover college in New Hampshire?

Not by order. No child support order shall require a parent to contribute to an adult child’s college expenses or other educational expenses beyond the completion of high school, except as provided in RSA 461-A:21 (RSA 461-A:14, V).

Can New Hampshire parents agree to pay for college?

Yes. Parents may agree to contribute to college or other education expenses beyond high school as part of a stipulated decree, signed by both parents and approved by the court. The contribution may come from one or both parents and can be made to a savings account, for the use of an asset or as expenses are incurred. It must state the amount, a percentage or a formula (RSA 461-A:21).

Can a New Hampshire college agreement be changed later?

Every such agreement must say whether it is modifiable or not modifiable; to be not modifiable it must state a specific dollar amount to be contributed by either or both parents (RSA 461-A:22). Decide that when you sign.

Is there child support for a disabled adult child in New Hampshire?

If the parties have a child with disabilities, the court may initiate or continue the child support obligation after the child reaches 18. For an order that became effective after July 9, 2013, it may not continue after the child reaches 21 or no longer qualifies as a child with a disability under RSA 186-C:2, I who is receiving special education or related services identified by the school district (461-A:14, IV).

What about an older order for a disabled child?

The 21 limit in the statute applies to orders effective after July 9, 2013. For older orders, read the order itself and ask a licensed New Hampshire attorney; we did not find a different rule in the text we read.

Can a disability order be modified?

Yes, under the same rules: a substantial change, or 3 years after the last order, with notice fixing the start date (RSA 458-C:7). Keep school and medical records current.

What if the child turns 21 mid-year?

For an order effective after July 9, 2013, support for a child with disabilities may not continue after the child reaches 21 (RSA 461-A:14, IV), so plan for the transition to adult services before the 21st birthday.

Who counts as a child with disabilities?

The statute refers to RSA 186-C:2, I and to a child who is receiving special education or special education and related services identified by the school district. Bring the individualized education program records to show the child still qualifies (461-A:14, IV).

Can a college agreement save for college instead of paying bills?

Yes. The agreement may provide for contributions to an account to save for college, for the use of an asset, or for payment of educational expenses as incurred (461-A:21). Pick the form that fits your finances.

What are the age limits for a given birth date?

What about unpaid support from before?

It stays owed: see whether New Hampshire arrears can be changed and the New Hampshire child support end date calculator.

Frequently asked questions

Official sources

• RSA 461-A:14: support; termination
• RSA 461-A:21: agreement on college expenses
• RSA 458-B:4: amount withheld
• RSA 458-B:10: termination of income assignment

This is general information, not legal advice. It is based on the cited New Hampshire statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed New Hampshire attorney.