TITLE XLIII
DOMESTIC RELATIONS

CHAPTER 458-C
CHILD SUPPORT GUIDELINES

Section 458-C:3

    458-C:3 Child Support Formula. – 
 I. Number of Children Percentage of Net
 1 25 percent 
 2 33 percent 
 3 40 percent 
 4 or more 45 percent
II. (a) The total support obligation shall be determined by multiplying the parents' total net income, as defined in RSA 458-C:2, VI, by the appropriate percentage derived from this section.
       (b) The total child support obligation shall be divided between the parents in proportion to their respective incomes as adjusted by this section, except when there are incurred by the obligee child care expenses or for the actual amount paid for medical insurance coverage for the minor children to whom the child support order applies.
       (c) For those cases involving allowable child care expenses or medical insurance expenses incurred by the obligee, the same methodology described in subparagraphs (a) and (b) shall be used, except that as part of the determination of each parent's share of the child support obligation, the obligee's allowable child care expenses or medical insurance expenses shall be deducted from the adjusted gross income of the obligee.
       (d) All child support obligations calculated pursuant to this chapter shall be rounded to the nearest whole dollar.
    III. The number of children in the same household for which child support is paid is the determining factor in the percentage applied against net income.
    IV. Self-support reserve and minimum child support obligation.
       (a) If the obligor parent's gross income is less than the self-support reserve and the court has determined that the obligor is not voluntarily unemployed or underemployed, the court shall order the child support obligation in the amount of a minimum support order.
       (b) If the obligor parent's gross income is greater than the self-support reserve but payment of the order as calculated under this chapter would reduce the obligor parent's income below the self-support reserve, the obligor parent's share of the total support obligation shall be presumed to be the difference between the self-support reserve and that parent's adjusted gross income, but in any event shall be no less than the amount of a minimum support order.
       (c) [Repealed].
    V. If the minor child is not currently enrolled in private health insurance, the court shall calculate a reasonable medical support obligation for each parent. A medical support obligation shall be reasonable if it does not exceed 4 percent of the individual parent's gross income under RSA 458-C:2, VI-a. If the court determines that health insurance is available at a reasonable cost to either parent, or is available by combining the reasonable medical support obligation of both parents, the court shall order either or both parents to provide such support.

Source. 1988, 253:1. 1989, 406:2, 3. 1990, 224:3, 4. 1998, 242:4. 2002, 227:3. 2004, 169:3, eff. July 23, 2004. 2007, 227:6, eff. June 25, 2007. 2008, 245:2, eff. June 24, 2008.