Big Changes in Child Support for 2025

For parents navigating child support in New Hampshire, understanding the guidelines can be challenging. These rules, designed to ensure children’s financial needs are met, have recently undergone significant updates. Starting January 1, 2025, changes to RSA 458-C:5 will impact how child support is calculated, particularly in cases where parents share parenting time equally or almost equally.

What’s Changing?

The most notable updates involve how child support is calculated when parents share parenting responsibilities. Under the old law, equal or near-equal parenting time did not eliminate the need for child support. While courts could make adjustments based on shared parenting schedules, there were no presumptions favoring a $0 child support obligation, even when both parents had similar incomes. The 2025 updates introduce rebuttable presumptions that bring more clarity and fairness to these situations.

Here are the key changes:

Rebuttable Presumption for $0 Child Support:

a) If parents share parenting time equally, split all child-related expenses 50/50, and have substantially similar incomes, there is now a rebuttable presumption that no child support is required. This means the court will start from the assumption that child support isn’t necessary unless one parent can show why it should be.

b) This presumption represents a shift from the old law, which required child support calculations even in equal parenting situations, often leading to disputes about fairness.

Fairness in Shared Parenting Situations:

a) When parenting time is equal or close to equal, but parents do not have substantially similar incomes, the court will evaluate whether adjustments to child support are necessary. The primary focus will be on ensuring that the lower-earning parent can meet the costs of child-rearing in a way that’s comparable to the higher-earning parent.

b) The statute explicitly states that child support orders should not result in the obligee parent (the parent receiving child support) having a higher adjusted monthly income than the obligor parent (the parent paying child support) after taxes and other expenses.

Exceptions to the Presumptions:

a) While the changes emphasize fairness, the law also accounts for extraordinary circumstances that may override these presumptions. Examples include:

i) The care of a child with significant health issues.

ii) Long distances between parents’ homes, making equal parenting schedules impractical.

iii) Unpredictable or unusual work schedules for one or both parents.

iv) Evidence of abuse, as defined under New Hampshire law.

Why These Changes Matter

The 2025 updates reflect a growing recognition that shared parenting requires a nuanced approach to child support. Under the old law, even parents with equal parenting schedules and similar incomes could face child support orders, leading to perceptions of unfairness. The new rebuttable presumptions aim to balance the financial realities of both parents while focusing on the child’s best interests.

Here’s why these changes are significant:

a) Clarity and Predictability: By introducing clear guidelines for equal parenting scenarios, parents can better understand what to expect and avoid unnecessary disputes.

b) Fairness in Outcomes: Adjustments to child support will now consider both parents’ post-tax incomes, ensuring that neither parent is unfairly disadvantaged.

c) Focus on the Child’s Needs: The law maintains its emphasis on ensuring that children’s financial needs are met, while also considering the financial realities of shared parenting.

What Stays the Same?

While these changes are important, many aspects of the child support guidelines remain unchanged. Courts will continue to consider special circumstances such as extraordinary medical expenses, disparities in income, and tax consequences when making adjustments. The overarching goal is still to ensure that children’s needs are met in a way that is fair and equitable.

Final Thoughts

The changes to New Hampshire’s child support laws reflect an effort to align legal outcomes with the realities of modern parenting. By introducing clearer guidelines and presumptions, the law aims to reduce conflict and ensure fair outcomes for both parents while keeping the focus on the child’s best interests. If you have questions about how these updates might apply to your case, don’t hesitate to reach out for legal guidance.