New Hampshire divorce laws
Child
Support
New Hampshire child
support
formula as determined by
New Hampshire divorce laws:
|
#
of children |
%
of net pay |
|
1 |
25% |
|
2 |
33% |
|
3 |
40% |
|
4 |
45% |
 An individual's total support obligation is determined
by multiplying the parents' total net income by the appropriate percentage. New
Hampshire requires that the total child support obligation be divided between
the parents in proportion to their respective incomes excepting child care expenses
or medical insurance coverage for the minor children by the payor. For cases
involving child care expenses or medical insurance expenses, those expenses will
be treated as deductions from overall income.
Self-support reserve and minimum child support obligation.
- When the paying gross income is less than what is determined to be an amount of income for self-support, the court will order the child support amount to be the minimum amount under the guidelines. .
- When the paying parent's gross income is greater than what is determined to be an amount of income for self-support, and payment of the order would reduce the paying parent's income below the self-support "reserve", the paying parent's share of the total support obligation will be the difference between the self-support reserve and that parent's adjusted gross income, but in any event will be no less than the amount of a minimum support order
Special circumstances can be considered and may result in adjustments in the application of support guidelines. The court may make adjustments to child support if it finds good reason for it:
- Ongoing extraordinary medical, dental or education expenses
- Significantly high or low income of either parent
- The economic consequences of the presence of stepparents, step-children or natural or adopted children;
- Reasonable expenses incurred by the paying parent while parental rights and responsibilities
- The economic consequences if a marital home is sold
- The after-tax income and the consequences of the order on taxes.
- State taxes
- Parenting schedule;
- The economic consequences to either parent providing for post secondary educational expenses
- Any other special circumstances found by the court.
| Divorce Myth: Following divorce, the children involved are better off in step families than in single-parent families. Reality: The evidence suggests that step families are no improvement over single-parent families, even though typically income levels are higher and there is a father figure in the home. Step families tend to have their own set of problems, including interpersonal conflicts with new parent figures and a very high risk of family breakup. |
Residency
New Hampshire divorce laws mandate that in order
for a petition of divorce to be accepted
in this state, the courts
require that:
-
Both parties must reside in the State at the time the action is filed; or,
-
The plaintiff reside in the State and the defendant was personally served within the State; or,
-
The plaintiff resided in the State for one year immediately prior to the filing of the action.
Child
Custody
 In
New Hampshire, all child custody orders are
guided by the best interests of the child.
Courts will presume that joint custody is
in the child's best interests, unless there
are allegations of child abuse. In awards
of child custody.New Hampshire divorce statutes
state that no preference to gender will
be made [that notwithstanding, more than
80% of child custody awards go to mothers].
Courts are directed to consider the wishes
of the child and the child's choice with
whom they wish to live. The court will consider
the following factors when making a custody
award:
-
The child's relationship with each parent and the ability of each parent to provide the child with nurture, love, affection, and guidance
-
The ability of each parent to provide adequate food, clothing, shelter, medical care, and a safe environment
-
The child’s developmental needs and the ability of each parent to meet them school and community and the potential effect of any change.
-
The ability and disposition of each parent to foster a positive relationship
-
The support of each parent for the child’s contact with the other parent as shown by allowing and promoting such contact.
-
The support of each parent for the child’s relationship with the other parent.
-
The relationship of the child with any other person who may significantly affect the child.
-
The ability of the parents to communicate, cooperate, and make joint with each other
-
Any evidence of abuse, and the impact of the abuse on the child
-
If a parent is incarcerated, the reason for and the length of the incarceration, and any unique issues that arise as a result of incarceration.
-
Any other additional factors the court deems relevant.
Grounds
for
Divorce
In an absolute divorce [fully divorced, as opposed to separation], courts will accept the following ground for divorce:
-
Impotency
-
Adultery
-
Extreme cruelty
-
Conviction of a crime punishable with imprisonment for more than one year
-
Treatment of the other spouse with serious intent to injure
-
A spouse has abandoned the home for 2 years, with no contact
-
Alcohol abuse for 2 years or longer
-
When either party has joined any religious sect or society which professes to believe the relation of husband and wife unlawful, and has refused to cohabit with the other for 6 months together.
New Hampshire divorce statutes allow for
no-fault grounds for divorce under the heading:
Irreconcilable Differences. In this pleading,
the courts find that allegations or evidence
of misconduct are improper and inadmissible
[except where parental rights and responsibilities
may be impacted as they relate to a child's
well-being].
| Divorce Myth: Being very unhappy at certain points in a marriage is a good sign that the marriage will eventually end in divorce. Reality: All marriages have their ups and downs. Recent research using a large national sample found that eighty six percent of people who were unhappily married in the late 1980s, and stayed with the marriage, indicated when interviewed five years later that they were happier. Indeed, three fifths of the formerly unhappily married couples rated their marriages as either “very happy” or “quite happy”. |
Mediation
Prior to any final decree, the court will
determine if there is any likelihood for reconciliation, and may refer
the parties to an appropriate counseling agency, and may continue the proceedings
to allow that process to take its course. New Hampshire divorce laws require
the parties to attend a 4-hour information session, which
will provide instruction on how to help the
children deal with the issues surrounding
divorce, separation, and the allocation of
parental rights and responsibilities.
Alimony
 The court will make orders for alimony payments upon request, which will be either temporary or permanent, and be subject to revision by the court or afterward by the parties. Alimony will be granted if one party lacks sufficient means to live adequately [taking into consideration how the parties lived prior to the petition for divorce]. Alimony can be lump sum pr periodic payments, or both.
The court will consider the length of the marriage; the age, health, social or economic status, occupation, amount and sources of income, property, vocational skills, employability, estate, liabilities, and needs of each of the parties; the opportunity of each for future acquisition of assets and income; the fault of either party; and the federal tax consequences of the order.
The court may also consider the contribution of each of the parties in the acquisition, preservation, or appreciation in value of their respective estates and the non economic contribution of each of the parties to the family unit [e.g. stay-at-home mothers].
Should an order for permanent alimony be terminated by the court, the recipient may petition within 5 years of that termination for a request to re-institute alimony.
Waiting
Period
There is no waiting period other than a residency requirement.
Grandparents
Rights
Reasonable visitation privileges may be granted
to a grandparent if the court determines
that it is in the best interest and welfare
of the child(ren)and any other factors the
court might find relevant and appropriate.
Considerations by the court may include:
a.) preference
of child; and b.) any domestic violence
| Divorce Myth: It is usually men who initiate divorce proceedings. Reality: Two-thirds of all divorces are initiated by women. One recent study found that many of the reasons for this have to do with the nature of our divorce laws. For example, in most states women have a good chance of receiving custody of their children. Because women more strongly want to keep their children with them, in states where there is a presumption of shared custody with the husband the percentage of women who initiate divorces is much lower.10 [Sources] Also, the higher rate of women initiators is probably due to the fact that men are more likely to be "badly behaved." Husbands, for example, are more likely than wives to have problems with drinking, drug abuse, and infidelity. |
Divorce Settlement
 The court will divide all assets in joint or singular name. Property shall include all tangible and intangible property and assets, real or personal, belonging to either or both parties, whether title to the property is held in the name of either or both parties. Intangible property includes, but is not limited to, employment benefits, vested and non-vested pension or other retirement benefits, or savings plans. To the extent permitted by federal law, property shall include military retirement and veterans' disability benefits.
When a dissolution of a marriage is decreed, the court may order an equitable division of property between the parties. The court shall presume that an equal division is an equitable distribution of property, unless the court establishes a trust fund under RSA 458:20 or unless the court decides that an equal division would not be appropriate or equitable after considering one or more of the following factors:
- The duration of the marriage.
- The age, health, social or economic status, occupation, vocational skills, employability, separate property, amount and sources of income, needs and liabilities of each party.
- The opportunity of each party for future acquisition of capital assets and income.
- The ability of the custodial parent, if any, to engage in gainful employment without substantially interfering with the interests of any minor children in the custody of said party.
- The need of the custodial parent, if any, to occupy or own the marital residence and to use or own its household effects.
- The actions of either party during the marriage which contributed to the growth or diminution in value of property owned by either or both of the parties.
- Significant disparity between the parties in relation to contributions to the marriage, including contributions to the care and education of the children and the care and management of the home.
- Any direct or indirect contribution made by one party to help educate or develop the career or employability of the other party and any interruption of either party's educational or personal career opportunities for the benefit of the other's career or for the benefit of the parties' marriage or children.
- The expectation of pension or retirement rights acquired prior to or during the marriage.
- The tax consequences for each party.
- The value of property that is allocated by a valid prenuptial contract made in good faith by the parties.
- The fault of either party as specified in RSA 458:7 if said fault caused the breakdown of the marriage and: 1. Caused substantial physical or mental pain and suffering; or 2. Resulted in substantial economic loss to the marital estate or the injured party.
- The value of any property acquired prior to the marriage and property acquired in exchange for property acquired prior to the marriage.
- The value of any property acquired by gift, devise, or descent.
- Any other factor that the court deems relevant.
If either or both parties retain an ownership interest in an education savings account held on behalf of a child of the marriage, including a qualified tuition program under 26 U.S.C. Section 529, the court may, in its discretion, preserve the account for its original purpose or may treat the account as property of the marriage subject to equitable division under this section.
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