Modifying Child Support After Job Loss, Disability or Incarceration in New Hampshire

By the FigureMyTax Editorial Team · How we calculate

New Hampshire child support does not drop on its own after a job loss or incarceration. File a petition and give notice promptly, because a change starts only from notice; incarceration is never voluntary unemployment.

Can you lower child support after a job loss in New Hampshire?

Yes, by petition, if the job loss is a substantial change in circumstances, or without one if 3 years have passed since the last order (RSA 458-C:7, I(a)). A change reaches only from the date notice of the petition was given (458-C:7, II), so give notice as soon as the job ends.

Will New Hampshire count income you could earn?

The court, in its discretion, may consider as gross income the difference between what a parent is earning and what the parent has earned, where the parent voluntarily becomes unemployed or underemployed, unless the parent is physically or mentally incapacitated (RSA 458-C:2). A layoff you did not choose is not voluntary, so keep a record of how the job ended and your job search.

Can New Hampshire child support be lowered while incarcerated?

The statute says in no case shall incarceration be considered voluntary unemployment (458-C:2). That means the court should not count the income you earned before jail as if you were choosing not to work. The order does not change on its own, so file a petition and give notice. Federal rules say the same (45 CFR 302.56(c)(3)).

Is unemployment compensation income?

Yes. Gross income includes unemployment benefits, workers’ compensation, disability and veterans’ benefits and other government payments except means-tested public assistance such as SSI, food stamps and general assistance (458-C:2). Bring the award letter.

What if you cannot meet your support obligation?

In any case to establish, modify or enforce support where the obligor is unable to pay for any reason, the court may order the obligor to apply for and, if qualified, take part in food stamp, Medicaid, federal disability and employment security programs, and report back to the court (461-A:14, II(e)).

Does a new spouse’s income count?

Not as the parent’s gross income unless the parent resigns from or refuses employment or is voluntarily unemployed or underemployed, in which case the spouse’s income is imputed to the extent the parent had earned income in the usual employment (458-C:2(b)).

What if my income is very low?

The court considers whether to adjust for significantly low income and how to optimize the parents’ combined incomes while meeting the child’s basic needs, which can include tax credits (458-C:5, I(b)(2)). Bring documents.

Does a new job at lower pay count?

A lower-paying job is a change in actual income. If you took it voluntarily, the court may count the difference between what you earn and what you earned before (RSA 458-C:2). Bring the reason for the change.

What proof helps?

What should you do first?

1. File the petition and give notice now.
2. Keep paying what you can: each payment becomes a judgment when due (see whether arrears can be changed).
3. Check your numbers in the New Hampshire child support modification calculator.

Frequently asked questions

Official sources

• RSA 458-C:7: modification of order
• RSA 461-A:14: support
• RSA 458-C:2: definitions, including gross income
• RSA 458-C:5: adjustments under special circumstances
• 42 U.S.C. 666(a)(9): no retroactive modification of support already due
• 45 CFR 302.56: federal guideline requirements

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.