Determining Child Support
Child support is the amount of money the court orders one parent to pay the other parent every month for the support of the child(ren). New Hampshire has a formula (called a “guideline”) for figuring out how much child support should be paid in all cases.
Child support payments are usually made until children reach the age of 18, or graduates from high school whichever occurs later. However, parents may agree to support a child longer. The court may also order that a parent’s obligation to pay support for a disabled adult child may be extended beyond their reaching age 18, in certain circumstances.
Although child support is based on guidelines set forth in the New Hampshire Revised Statutes Annotated, there are many factors that can affect the ultimate amount of support. Understanding the nuances of child support laws can often help either the payor or the payee benefit from child support litigation. At Welts, White & Fontaine, we educate our clients in order to make the child and spousal support laws work for them.
Child support is not income to the recipient and is not tax deductible for the payer. Alimony is taxable to the recipient and deductible to the paying party. Keep this in mind if your spouse is seeking alimony. Child support payments that they receive are not taxable and, as a result, increase the recipient’s “real” or net income dollar for dollar. As a result, the “need” of a spouse for alimony will be diminished with the payment of child support and may mitigate or eliminate their need for alimony.