Do I Have to Pay Child Support in New Hampshire if We Have 50/50 Custody?
In New Hampshire, having an equal 50/50 parenting schedule does not automatically eliminate child support. If one parent earns significantly more money than the other, the court will typically use an offset formula to ensure the child maintains a similar standard of living in both households.
A widespread myth in New Hampshire family law is that if you and your ex-spouse split residential responsibility exactly 50/50, neither parent owes child support. This is simply not true. Whether you are finalizing a divorce in Concord, Keene, or Portsmouth, the primary goal of the state's child support guidelines is to protect the financial well-being of the child. If there is a large gap in incomes, the court will intervene to balance the scales. Understanding how the offset formula works is crucial for predicting your financial future. If you are negotiating a shared parenting plan, you can quickly find and hire a local family lawyer from our US Lawyers directory to help you advocate for a fair financial arrangement.
Understanding the 50/50 Shared Residential Responsibility Formula
In New Hampshire, child support is governed by a statutory formula. However, the law provides specific provisions for when parents share equal, or approximately equal, parenting time under N.H. Rev. Stat. Ann. § 458-C:5, I(h). Under N.H. Rev. Stat. Ann. § 458-C:5, I(h)(1)(A), there is a rebuttable presumption that a $0 child support obligation is appropriate if both parents have an approximately equal schedule, earn substantially similar incomes, and equally divide childcare, uninsured healthcare, and agreed-upon extracurricular expenses. However, when a significant income disparity exists, the court will not allow a child to experience a drastic drop in living standards between households.
The Offset Formula for Income Disparities
When parents share 50/50 custody, courts in locations like the New Hampshire Circuit Court, 6th Circuit - Family Division, Concord and the New Hampshire Circuit Court, 8th Circuit - Family Division, Keene routinely utilize the 'offset method.' First, the court calculates what Parent A would pay if Parent B had full custody. Then, the court calculates what Parent B would pay if Parent A had full custody. These calculations are done using Form NHJB-2101-FP, New Hampshire, Judicial Branch, Child Support Guidelines Worksheet. The lower obligation is subtracted from the higher obligation, and the higher-earning parent pays the difference (the offset) to the lower-earning parent. The New Hampshire Supreme Court affirmed the trial court's broad discretion to structure support and parenting obligations in In the Matter of Spenard & Spenard, 167 N.H. 1 (NH Supreme Court 2014).
Who Covers Health Insurance in a 50/50 Split?
Even with equal parenting time, one parent usually holds the child on their employer-sponsored health insurance plan. The cost of the child's portion of the health insurance premium is factored directly into the child support guidelines. The parent paying the premium receives a credit on the worksheet. The total cost of the insurance is proportionally divided between both parents based on their respective gross incomes, ensuring that the burden of healthcare is shared fairly, regardless of the 50/50 custody arrangement.
Dividing Extraordinary Medical Expenses
Routine co-pays and minor prescriptions are generally expected to be covered by the parent who currently has physical custody on that specific day. However, uninsured extraordinary medical expenses-such as braces, emergency room visits, or specialized therapy-are handled differently. In a 50/50 custody scenario, these large out-of-pocket expenses are typically divided proportionally based on each parent's percentage of the combined total income, not split 50/50. If you make 70% of the combined household income, you will likely be ordered to pay 70% of the orthodontist bill.
How Much Does it Cost in New Hampshire?
Litigating child support in a shared custody scenario involves standard family court fees and attorney costs.
| Petition to Establish Support | $282 filing fee |
| Attorney Retainer | $2,500 - $5,000+ |
| Hourly Legal Rate | $200 - $400 per hour |
| Mediation Services | $150 - $300 per hour |
How Long Does the Process Take?
If both parents are W-2 employees and agree to use the offset formula, finalizing the child support order can take as little as 30 to 60 days through mediation. If there is a bitter dispute over what constitutes a true 50/50 schedule or if one parent is hiding income, preparing for a contested hearing before a judge can take 4 to 6 months.
Frequently Asked Questions (FAQ)
What happens if we make the exact same amount of money?
Under N.H. Rev. Stat. Ann. § 458-C:5, I(h)(1)(A), if parents share an approximately equal parenting schedule, earn substantially similar incomes, and each cover 50% of eligible childcare, uninsured medical expenses, and extracurricular costs, there is a statutory rebuttable presumption that a $0 child support order is appropriate.
Does paying child support give me more custody time?
No. In New Hampshire, the amount of child support you pay has no legal bearing on your residential responsibility (custody time). They are treated as two separate legal issues by the court.
Can the court deviate from the offset formula?
Yes. The judge has the authority to deviate from the standard guidelines if applying the strict offset formula would result in a financially unjust order or would be detrimental to the child's best interests.
Who pays for extracurricular activities in a 50/50 split?
Unless explicitly written into your final parenting plan or child support order, extracurricular activities are usually paid for by the parent who signs the child up. However, courts often order these costs to be split proportionally to income.
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