Text to be removed highlighted in red.
1 Child Support Guidelines; Adjustment to the Application of the Guidelines Under Special Circumstances; Equal Parenting Time. Amend RSA 458-C:5 by inserting after paragraph II the following new paragraph:
III. In the event of a disparity of income between the parties, there shall be a rebuttable presumption that where the parties have agreed, or the court finds the parties have equal or approximately equal periods of parenting time for the child or children for which a child support order shall be applicable, child support shall be equalized and allocated in the following manner:
(a) The child support guidelines shall be calculated based on each party's income and a child support amount shall be determined.
(b) The amount of the child support payment shall then be calculated according to the guidelines as if the higher income party were to pay the lower income party, and then calculated as if the lower income party were to pay the higher income party. The difference between the amounts shall be the presumptive child support obligation and paid to the party with the lower income. This amount shall become the presumptive child support order.
(c) Nothing in this paragraph shall preclude a court from modification of the presumptive child support order such as justice and the best interest of the child may require.
2 Effective Date. This act shall take effect January 1, 2020.
Text to be added highlighted in green.
1 Child Support Guidelines; Adjustment to the Application of the Guidelines Under Special Circumstances; Equal Parenting Time. Amend RSA 458-C:5 by inserting after paragraph II the following new paragraph:
III. In the event of a disparity of income between the parties, there shall be a rebuttable presumption that where the parties have agreed, or the court finds the parties have equal or approximately equal periods of parenting time for the child or children for which a child support order shall be applicable, child support shall be equalized and allocated in the following manner:
(a) The child support guidelines shall be calculated based on each party's income and a child support amount shall be determined.
(b) The amount of the child support payment shall then be calculated according to the guidelines as if the higher income party were to pay the lower income party, and then calculated as if the lower income party were to pay the higher income party. The difference between the amounts shall be the presumptive child support obligation and paid to the party with the lower income. This amount shall become the presumptive child support order.
(c) Nothing in this paragraph shall preclude a court from modification of the presumptive child support order such as justice and the best interest of the child may require.
2 Effective Date. This act shall take effect January 1, 2020.