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Supreme Court Clarifies Calculation Of Child Support For Self-Employed Obligors

On Behalf of | Jan 17, 2013 | Family Law and Divorce

Under New Hampshire law, child support is generally calculated by using both parties’ monthly gross income. While this number is fairly easily to calculate if both parties are W-2 wage earners, it is more complicated when one of the parties is self- employed.

In October 2012, the New Hampshire Supreme Court clarified how a court calculates a child support obligation when the obligor is self-employed. In the case of In re: Woosley, the New Hampshire Supreme Court held that a obligor’s gross income is not the same as his business’ gross income. To calculate child support with a self-employed obligor, the Supreme Court stated that the obligor’s gross income is the gross income of the business less the business expenses.

In cases involving self-employed parties, the examination of the business tax returns and profit and loss sheets become very important as it is quite possible for a person to incorrectly inflate business expenses to thereby lower their gross income and thus their child support obligation.

Andrew J. Piela is a Director at Hamblett & Kerrigan, P.A. Mr. Piela concentrates his practice in civil litigation, family law, probate and land use litigation. You can reach Attorney Piela by e-mail at [email protected].

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