Parenting Time, Child Care and Medical Support in New Hampshire

New Hampshire presumes $0 support with similar incomes, equal cost sharing and an approximately equal (over 40%) schedule, presumes a deviation at over 35% each, deducts work-related child care and sets medical support at 4% of gross income.

Approximately equal and substantially shared schedules

An approximately equal parenting schedule gives each parent more than 40% of the annual schedule; a substantially shared schedule gives each more than 35%. Parents have substantially similar incomes when the difference between their gross monthly incomes is not greater than 10% (RSA 458-C:2, VIII-c and X-a).

The presumptions

If the parents each pay 50% of eligible child care, uninsured medical costs and agreed activities, and (A) have substantially similar incomes and an approximately equal schedule, there is a rebuttable presumption that a $0 obligation is appropriate; (B) have substantially similar incomes and a substantially shared schedule, a deviation from the guidelines is presumed appropriate; (C) have neither similar incomes nor such a schedule, the guideline amount is presumed correct; and (D) have different incomes but a shared schedule, the guideline amount may or may not be appropriate (RSA 458-C:5, I(h)). Extraordinary circumstances or abuse can displace these rules.

Child care

Allowable child care means actual work-related child care expenses for the children of the order, including necessary work-related education and training costs. The obligor subtracts what he or she pays from income; the obligee’s expenses are deducted from the obligee’s income in computing shares (RSA 458-C:3, II(c)).

Medical support

The court sets a reasonable medical support obligation for each parent, presumptively 4% of the parent’s gross income (RSA 458-C:3, V). The cost of adding the children to coverage, or the difference between individual and family coverage, is an adjustment on the worksheet.

Other adjustments

The court may adjust for extraordinary medical, dental or education expenses, high or low income, stepchildren and other children, the obligor’s reasonable parenting expenses, the disposition of the marital home, taxes and postsecondary education costs, with written findings (RSA 458-C:5).

Documents to gather

A parenting calendar, child care invoices and proof of insurance premiums and uninsured medical costs.

Modification

Either parent may ask to modify 3 years after the last order without showing a substantial change, or any time on a substantial change of circumstances, and a modification cannot take effect before notice of the petition (RSA 458-C:7).

Frequently asked questions

What is the New Hampshire 35% parenting time rule?

A substantially shared schedule gives each parent more than 35% of the parenting time.

When is New Hampshire child support presumed to be $0?

With substantially similar incomes, an approximately equal schedule (each over 40%) and equal sharing of child care, uninsured medical costs and activities.

How much is the New Hampshire medical support obligation?

Presumptively 4% of each parent's gross income.

How are child care costs treated in New Hampshire?

Work-related child care is deducted for the parent who pays it and counted in each parent's share.

When can New Hampshire child support be modified?

3 years after the last order without a change in circumstances, or at any time on a substantial change.

Official sources

Going through a divorce or custody case in New Hampshire?

A local family law attorney can review your situation — many offer a free consultation.

Talk to a New Hampshire attorney

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.