Factors That Can Reduce Child Support

Child support is essential for helping children maintain a stable standard of living when parents separate or divorce. However, there are instances when a court may approve a reduction or “downward deviation” from the standard child support guidelines. For those considering or dealing with child support modifications, understanding the general requirements and processes for requesting a reduction can provide useful insight. This article explores what is required for a downward deviation and how New Hampshire courts apply these principles.

Understanding Child Support Guidelines and Downward Deviations

New Hampshire has established child support guidelines that create consistency in how child support obligations are calculated. These guidelines are based on each parent’s income and provide a presumptive amount that each parent is expected to contribute to child-rearing costs. However, these guidelines are not inflexible, and courts have discretion to deviate from them when certain criteria are met.

Under RSA 458-C:5, a court may deviate from the child support guidelines if applying them would be “unjust or inappropriate” due to “special circumstances.” These special circumstances generally relate to economic factors that significantly impact the financial relationship between parents, and any deviation must ultimately align with the child’s best interests.

Common Reasons for Downward Deviations

Downward deviations from child support are possible for various reasons, including:

1. Significant Income Disparity Between Parents:
   If one parent’s income enables them to meet child-rearing costs at a comparable level to the other parent, a court may consider a downward deviation. For instance, if a parent has a high-earning spouse or partner who contributes to the household, this may influence the overall lifestyle. However, New Hampshire courts tend to focus on each parent’s income in determining support obligations, not on the total household income.
2. Additional Dependents or Family Obligations:
   When a parent has other children or dependents to support, the court may recognize the financial strain this imposes and adjust child support accordingly. This consideration helps ensure that child support is equitable without creating a disproportionate burden for one parent.
3. Voluntary Underemployment or Unemployment:
   If a parent is voluntarily underemployed or unemployed, the court may impute income to that parent based on what they could reasonably be earning. Alternatively, legitimate reasons for reduced income, such as health issues, may also impact the support amount.
4. Other Economic Considerations:
   Courts may consider unique economic circumstances that impact each parent’s ability to support their children. While household income, including contributions from a new spouse or partner, can provide useful context, New Hampshire courts primarily base deviations on each parent’s individual financial condition, as clarified in cases like Clark v. Keogh. In that case, the court found that focusing solely on combined household income, rather than the parent’s own earnings, was insufficient to justify reducing support to zero.

The Legal Standard for Downward Deviations

New Hampshire law requires courts to provide clear findings of fact to justify any deviation from child support guidelines. Courts generally look at each parent’s individual financial capacity rather than relying on household income alone and must explain why a deviation is necessary to avoid an unjust or inappropriate result.

When evaluating a request for downward deviation, the court will:

• Evaluate the Income of Each Parent Individually: Child support obligations in New Hampshire are based primarily on each parent’s income, not their household’s total income. This means that courts look mainly at each parent’s own financial capacity, rather than that of the household, when deciding support obligations.
• Compare Standards of Living: If the lower-earning parent can provide a comparable standard of living for the child based on their income alone, a court may consider reducing the other parent’s obligation. This analysis focuses on each parent’s financial contributions without fully depending on a partner’s income, as seen in Clark v. Keogh.
• Provide Specific Findings and Justifications: Courts must document their reasoning when deviating from the guidelines, especially when setting support to $0. This requirement ensures that deviations are clearly explained and based on specific, relevant facts.

Conclusion

While downward deviations in child support are possible, they are not automatic and require specific economic justifications that align with the child’s best interests. New Hampshire courts evaluate each case with caution, as the primary goal is to ensure children receive the financial support they need. An experienced family law attorney can clarify legal options and discuss how these principles might apply in different circumstances. Understanding the requirements and standards for downward deviations can help parents prepare for an informed, fair process when modifying child support.