Imputing Income for Voluntarily Unemployed Parents in New Hampshire Child Support Court
If a parent in New Hampshire quits their job or intentionally takes a lower-paying role to avoid paying child support, the court can impute income. This means the judge will calculate the support obligation based on what the parent is capable of earning, not what they are currently making.
A common tactic in bitter divorce or custody battles is the attempt to manipulate income. A parent might suddenly quit a lucrative career, take a minimum-wage job, or claim their business is failing, all in an effort to starve their ex-spouse of child support. In cities like Salem, Derry, and Manchester, family court judges are highly experienced in identifying these tactics. New Hampshire law allows judges to 'impute' income, ensuring that children are supported based on a parent's true earning capacity. If your ex is playing games with their employment status, you can easily find and hire a fierce local family lawyer from our US Lawyers directory to expose the truth and demand fair support.
The Legal Standard for Voluntary Underemployment in NH
In New Hampshire, child support is calculated based on a parent's gross income under N.H. Rev. Stat. § 458-C:2. However, the statute specifically states that the court, in its discretion, may consider a parent's earning capacity rather than their actual income if the court finds that the parent is voluntarily unemployed or underemployed. The burden of proof is heavily reliant on demonstrating that the job change was not made in good faith.
Quitting or Taking a Lower-Paying Job
People change careers for valid reasons-health issues, industry layoffs, or returning to school. However, if a software engineer making $120,000 suddenly quits during a divorce to work as a part-time barista, the court sitting in the 10th Circuit - Family Division - Salem, Salem or the 10th Circuit - Family Division - Derry, Derry will be highly suspicious. As established in landmark cases like In the Matter of Donovan & Donovan, 152 N.H. 55 (NH Supreme Court 2005), if the court determines the career shift was an intentional strategy to reduce a child support obligation, the judge will ignore the barista wages and base the child support calculation on the $120,000 earning capacity.
How Judges Impute Minimum Wage vs. Past Earning Capacity
When a parent has completely stopped working and has no valid medical excuse, the court must decide how much income to impute. If the parent has a sparse work history or lacks specialized skills, the judge may simply impute a full-time, 40-hour work week at the current New Hampshire minimum wage. However, if the parent has a strong resume, advanced degrees, and historical W-2s proving a high earning capacity, the judge will impute an income that matches their professional skill level. To do this, your attorney may present wage data from the New Hampshire Department of Employment Security.
Rules for Stay-at-Home Parents
There are exceptions to the rule. If a parent has historically been a stay-at-home parent during the marriage, the court will not immediately impute a full-time corporate salary to them the day after the divorce. Furthermore, New Hampshire courts are generally lenient if a parent is out of the workforce to care for a child under the age of 3, or a child with severe special needs that require constant at-home medical attention. In these scenarios, the court typically will not impute income, recognizing that the parent's caregiving is a necessary and full-time job.
Consequences for Business Owners Who Intentionally Bankrupt Their Company
Self-employed individuals sometimes take extreme measures, such as artificially deflating their company's revenues, hiding cash, or intentionally driving their business into the ground to show a zero income on their Form NHJB-2065-F, New Hampshire, Judicial Branch, Financial Affidavit. If your lawyer hires a forensic accountant and proves the business owner is intentionally suppressing their profits to dodge child support, the judge will fiercely impute their historical business income. In extreme cases of perjury and fraud on financial affidavits, the judge can also hold the offending parent in contempt of court.
How Much Does it Cost in New Hampshire?
Proving voluntary underemployment often requires investing in specialized legal and financial experts.
| Filing a Motion to Modify/Impute | $0 - $250 depending on the court phase |
| Attorney Legal Fees | $2,500 - $6,000+ |
| Vocational Expert Witness | $1,500 - $4,000 |
| Subpoenaing Employment Records | $100 - $300 |
How Long Does the Process Take?
Filing a motion to impute income triggers an evidentiary hearing. It takes time for your lawyer to subpoena the ex-spouse's former employers, obtain past tax returns, and possibly depose the ex-spouse under oath. Because of the thorough discovery process required to prove bad faith, these cases typically take between 4 to 8 months to reach a final decision before a judge.
Frequently Asked Questions (FAQ)
What happens if my ex gets fired from their job?
If a parent is involuntarily terminated (laid off) through no fault of their own, the court generally will not impute their old salary. They can file for a downward modification of child support until they find new employment.
Can income be imputed if a parent goes back to college?
Yes. While pursuing higher education is commendable, New Hampshire courts generally maintain that a parent's first legal obligation is to financially support their child. Quitting a job to attend school full-time often results in imputed income.
How does the court prove my ex is hiding cash income?
Attorneys prove hidden cash income by looking at a parent's lifestyle. If they claim zero income but are driving a luxury car, paying an expensive mortgage, and taking vacations, the court can impute income based on their monthly living expenses.
Will the court impute income if my ex retires early?
If a parent chooses to retire early (e.g., at age 50) while still having minor children to support, the court will likely view this as voluntary underemployment and impute their pre-retirement earning capacity to calculate child support.
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