Child Support Q for NH residents.

superjules916 · July 2010

Ok, this isn't actually a second wedding/marriage for either of us however, that doesn't stop FI from having a child and I figured that the majority of people on the second wedding board have children involved.

That being said, I've heard it both ways about whether child support goes by just FI's income or by our joint income (family income) I was wondering which was acurate. Also does it change if we file our taxes jointly or seperately?

Thanks for your help!

Lisa8888 · July 2010

Best to check with a lawyer in your state. In general, it is based on his income alone. However, it could be viewed that his living expenses have been reduced since he is married and that could result in higher child support. If his rent was $1,000 a month prior to getting married, it could be considered to be only $500 a month after marriage.

There also could be a risk with jointly held assets like a savings account or a house.

SueR13 · July 2010

It goes by the state so you'll really need to hear from someone in NH.

LesPaul · July 2010

This varies by state. In CO, it's just my DH's income and his ex's income that determine CS. There's probably a website with info and a calculator.

suzieharris · August 2010

You should really look into that. My FI's ex has already filed court papers to take us to court. She will be pissed to find out that we are not signing a marriage licence until next year after tax time. I have too many benefits from my deceased first husband and have added numerous life insurance and retirement policies to protect my children, that I have to play it safe. FI understands. We are both waiting to see her face in court, after she has payed attorny's fees to tell her that we don't know what she is talking about, we are not married. I don't think that a piece of paper can tell how much I love my man and how much he loves me and he feels the same.

right1thistime · August 2010

I googled NH child support laws and found the document the following was C & P'd from (bolded section refers to spouses). The document says 2009 on it. I didn't see a 2010 one. ~Donna

Section 458-C:258-C:2 Definitions. – In this chapter: II. “Adjusted gross income” means grossIV. “Gross income” means all income from any source, whether earned or unearned, including,but not limited to, wages, salary, commissions, tips, annuities, social security benefits, trustincome, lottery or gambling winnings, interest, dividends, investment income, net rentalincome, self-employment income, alimony, business profits, pensions, bonuses, andpayments from other government programs (except public assistance programs, including aidto families with dependent children, aid to the permanently and totally disabled, supplemental

security income, food stamps, and general assistance received from a county or town),

including, but not limited to, workers' compensation, veterans' benefits, unemployment

benefits, and disability benefits; provided, however, that no income earned at an hourly rate

for hours worked, on an occasional or seasonal basis, in excess of 40 hours in any week shall

be considered as income for the purpose of determining gross income; and provided further

that such hourly rate income is earned for actual overtime labor performed by an employee

who earns wages at an hourly rate in a trade or industry which traditionally or commonly

pays overtime wages, thus excluding professionals, business owners, business partners, selfemployed

individuals and others who may exercise sufficient control over their income so as

to recharacterize payment to themselves to include overtime wages in addition to a salary. In

addition, the following shall apply:

(a) The court, in its discretion, may consider as gross income the difference between the

amount a parent is earning and the amount a parent has earned in cases where the

parent voluntarily becomes unemployed or underemployed, unless the parent is

physically or mentally incapacitated.

(b) The income of either parent's current spouse shall not be considered as gross income to

the parent unless the parent resigns from or refuses employment or is voluntarily

unemployed or underemployed, in which case the income of the spouse shall be

imputed to the parent to the extent that the parent had earned income in his or her usual

employment.

(c) The court, in its discretion, may order that child support based on one-time or irregular

income be paid when the income is received, rather than be included in the weekly, biweekly,

or monthly child support calculation. Such support shall be based on the

applicable percentage of net income.

melliott09 · August 2010

I would be PISSED if FI had previous children and they included MY income into the calculations.

Having children from a previous marriage myself, I have NEVER and WOULD NEVER go after my ex's new wifes income. But I've seen some pretty shi*tty situations, so I guess there is somewhere our there that would do that!

meganyani · August 2010

I'm in ME so I can't help but I will tell you that FI and I will be filing our taxes separately since his ex-wife backed out of an agreement they had upon divorce and now is changing child support amount/asking for "back" support (yeah, she waited 7 years to do this, just three months before the wedding. interesting!). FI is doing this to protect me since his tax return is most likely being 'taken' for the next few years and he doesnt want my money taken by that b*tch, pardon my french.

Besides what one nice poster pasted for you, I would look into the actual child support system in NH to see what the parameters are.

AbbeyS2011 · August 2010

It varies from state to state, but I can say this from experience: if you file a joint federal tax return, and one party owes back child support, the entire amount will be seized by the government or the amount owed UNLESS there is an injured spouse form filed. It can be downloaded off the IRS website. I believe that needs to be filed BEFORE taxes are filed, I am not sure.

If assets like federal income tax are seized and it is a joint return, the monies are held by the state collecting for a maximum of 6 months, to allow time for an "injured spouse" claim (the spouse not owing child support).

HTH!

Child Support Q for NH residents.

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