Changes in Child Support Calculations
New case law now means that when a court makes an order for child support, the court must also include the costs for uninsured medical expenses when it determines whether or not the obligor has met the self-support reserve.
In a case called In the Matter of Susan Regan and Steven Regan, the New Hampshire Supreme Court held that costs that an obligor (the parent paying child support to the other parent) also pays for uninsured medical expenses must be included in the child support calculation when the total amount of health insurance, uninsured medical expenses and the prospective child support amount bring the obligor's remaining income below the self-support reserve.
How does the self-support reserve come in to play in calculating child support? The New Hampshire guidelines for determining how much an obligor has to pay in child support begin with net income of the parents. After subtracting for applicable deductions (the subject of another post), the court is required to leave a paying parent with income at least equal to the "self-support" reserve." New Hampshire law defines the "self-support reserve" as "115 percent of the federal poverty guideline for a single person living alone, as determined annually by the United States Department of Health and Human Services." RSA 458-C:2,X. Currently, that amount is $1,070 per month. If the child support otherwise calculated under the guidelines leaves the obligor with less than this amount of income, the court must reduce the amount of child support.
Previously, under the New Hampshire child support guidelines, the cost that an obligor pays for health insurance for the children was already deducted from income before child support was calculated, but not costs the obligor paid for uninsured medical expenses. The Regan case requires the court to include both. Keep in mind, that although now both health insurance and uninsured medical costs are counted, the only affect on the actual amount of child support a parent is required to pay occurs when his or her income would be less than $1,070 after subtracting those newly included costs. If the paying parent's remaining income is more than $1,070, the child support he or she would be ordered to pay would not be changed by the Regan case.
In a case called In the Matter of Susan Regan and Steven Regan, the New Hampshire Supreme Court held that costs that an obligor (the parent paying child support to the other parent) also pays for uninsured medical expenses must be included in the child support calculation when the total amount of health insurance, uninsured medical expenses and the prospective child support amount bring the obligor's remaining income below the self-support reserve.
How does the self-support reserve come in to play in calculating child support? The New Hampshire guidelines for determining how much an obligor has to pay in child support begin with net income of the parents. After subtracting for applicable deductions (the subject of another post), the court is required to leave a paying parent with income at least equal to the "self-support" reserve." New Hampshire law defines the "self-support reserve" as "115 percent of the federal poverty guideline for a single person living alone, as determined annually by the United States Department of Health and Human Services." RSA 458-C:2,X. Currently, that amount is $1,070 per month. If the child support otherwise calculated under the guidelines leaves the obligor with less than this amount of income, the court must reduce the amount of child support.
Previously, under the New Hampshire child support guidelines, the cost that an obligor pays for health insurance for the children was already deducted from income before child support was calculated, but not costs the obligor paid for uninsured medical expenses. The Regan case requires the court to include both. Keep in mind, that although now both health insurance and uninsured medical costs are counted, the only affect on the actual amount of child support a parent is required to pay occurs when his or her income would be less than $1,070 after subtracting those newly included costs. If the paying parent's remaining income is more than $1,070, the child support he or she would be ordered to pay would not be changed by the Regan case.
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