New Hampshire Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support

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US-00799BG
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A decree for child support is res judicata only as long as the circumstances remain the same as when the court rendered the decree. The doctrine of res judicata is based on the concept that parties should not call upon a court to adjudicate twice the same set of facts. Therefore, a party generally cannot base a petition to modify an order for child support on the same set of facts that existed when the original order was made. To justify a modification of a child support order, a court must find that there has been a change in the material circumstances of the parties or the children since the time of the original order. The burden of proving a change of circumstances is on the party seeking the modification.
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FAQ

The child support formula requires the nonresidential parent's net income combined with the number of children to support: One child = 19% of the nonresidential parent's monthly income. Two children = 26% of the nonresidential parent's monthly income. Three children = 31% of the nonresidential parent's monthly income.

After a decree becomes final, either party may petition the court to change the final court order in their case. The petition must be provided to the other party as though it were a new case, with service to be accomplished as set forth in Family Division Rule 2.4.

Pursuant to RSA 461-A-14, New Hampshire Child Support is payable until the dependent turns 18 or is out of high school, whichever occurs later; becomes married or a member of the armed services; is declared legally dependent beyond that age due to mental or physical disability; or unless the court has otherwise ordered ...

Joint Custody and Child Support in Concord, New Hampshire Although the parenting arrangement is one of the factors that a judge can consider in setting child support, equal residential responsibility for your children (what joint custody is now called), does not automatically result in no child support being paid.

New Hampshire's child support guidelines provide a formula for determining how much child support an absent parent is required to pay. Generally the amount is 25% of adjusted gross income for one child; 33% for two children; 40% for three children; and 45% for four or more children.

Once a debt is a judgment, the New Hampshire statute of limitations to enforce a child support order is 20 years.

The office of child support enforcement services has brought an action to enforce or modify an existing order. IV. The court finds good cause to grant a waiver on any basis it deems appropriate, including, but not limited to, domestic violence, transportation or child care. Time extensions may be granted.

If both parties agree to a change in support, they must complete and file a proposed Uniform Support Order (USO). The USO must be submitted to the court with up-to-date completed and signed Financial Affidavits for both parties, as well as a Child Support Guideline Worksheet and Personal Data Sheet.

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New Hampshire Motion to Modify or Amend Divorce Decree to Provide for Decrease in Amount of Child Support