Going through a divorce is undoubtedly a challenging process, especially when there are children involved. One of the primary concerns that arises after a divorce is providing financial support for the children. Child support is typically ordered by the court to assist with the expenses associated with raising a child. However, life circumstances can change, and your income may fluctuate after the divorce. This leads many to question how child support is modified when there is a change in income. In this article, we will delve into the process of modifying child support in response to changing income after a divorce in New Hampshire.
The Initial Child Support Order
Before delving into the modification process, it is crucial to comprehend how child support is initially determined. When determining child support, the court takes various factors into account, including the income of both parents, the number of children involved, and the expenses linked to raising a child.
The court employs the New Hampshire Child Support Guidelines as a tool to calculate the amount of child support the non-custodial parent should pay. These guidelines provide a formula that considers the income of both parents. However, it is important to note that the guidelines only serve as a starting point, as the court may consider additional factors when making a child support determination.
Changing Income and Child Support Modification
Once the initial child support order is in place, circumstances may change, including a fluctuation in income. If the income of the non-custodial parent changes, their child support obligation may also need to be modified.
In New Hampshire, a modification of child support can be requested when there is a substantial change in circumstances. A substantial change in circumstances is defined as a change that affects the parent’s ability to pay the existing child support obligation by at least 10 percent.
The Process of Modifying Child Support
To initiate a modification of child support, the party seeking the modification must file a petition with the court. This petition should include supporting evidence of the substantial change in circumstances, such as pay stubs, tax returns, and other relevant financial documents.
Once the petition is filed, a hearing will be scheduled. During this hearing, both parties will have the opportunity to present evidence and argue their respective cases. The court will carefully consider the evidence presented and make a decision regarding whether the child support should be modified.
If the court determines that there has been a substantial change in circumstances, it will recalculate the child support obligation based on the parents’ new income and the guidelines provided by the state of New Hampshire.
Conclusion
Divorce and child support proceedings can undoubtedly present challenges for all parties involved. However, it is essential to remember that life circumstances can change, making it necessary to modify child support arrangements when income fluctuations occur. If you find yourself experiencing a change in income that requires a modification of your child support order, seeking guidance from an experienced family law attorney is crucial. They can provide you with the proper legal counsel and support necessary to navigate the process successfully. Always keep in mind that child support is meant to ensure that your children’s needs are met, and it is pivotal to strive for fairness and equity for both parties involved in the child support arrangement.