PETITION TO MODIFY CHILD SUPPORT ORDER
(New Hampshire Family Division – RSA 458-C Proceeding)
[// GUIDANCE: This template is drafted to comply with New Hampshire child-support statutes (primarily RSA 458-C & RSA 458-B) and the New Hampshire Family Division Rules. Bracketed text must be customized for each matter. Remove all guidance notes before filing.]
COURT CAPTION
THE STATE OF NEW HAMPSHIRE
JUDICIAL BRANCH – FAMILY DIVISION
[COUNTY]
In the Matter of
[Full Legal Name of Petitioner], Petitioner
and
[Full Legal Name of Respondent], Respondent
Docket No. [XXXXXXXX]
TABLE OF CONTENTS
I. Document Header
II. Definitions
III. Operative Provisions
IV. Representations & Warranties
V. Covenants & Restrictions
VI. Default & Remedies
VII. Risk Allocation (Limited)
VIII. Dispute Resolution
IX. General Provisions
X. Execution Block
XI. Verification
XII. Certificate of Service
I. DOCUMENT HEADER
- Title. Petition to Modify Child Support Order Pursuant to RSA 458-C:4.
- Parties. This Petition is filed by [Petitioner Full Legal Name] (“Petitioner”) against [Respondent Full Legal Name] (“Respondent”).
- Original Order. A Final Child Support Order (“Existing Order”) was entered on [Date] by the [Name of Court], docket number [XXXXXXXX].
- Effective Date of Requested Modification. Petitioner seeks modification effective [Proposed Effective Date] or as otherwise ordered pursuant to RSA 458-C:7.
- Jurisdiction & Venue. Jurisdiction lies under RSA 458-C and RSA 461-A; venue is proper in the [County] Division of the New Hampshire Circuit Court, Family Division (“Court”).
II. DEFINITIONS
For clarity and consistent usage, capitalized terms have the following meanings:
“Child(ren)” The minor child(ren) of the parties: [Name(s) & DOB(s)].
“Existing Order” The child-support order referenced in Section I.3.
“Guidelines” The New Hampshire Child Support Guidelines codified at RSA 458-C and associated administrative rules.
“Substantial Change” A material and continuing change in circumstances meeting the standards of RSA 458-C:4, I (a)–(d), including but not limited to a financial variance of 10 % or more from the Guidelines amount.
“Wage Assignment” Income withholding under RSA 458-B:2.
III. OPERATIVE PROVISIONS
3.1 Grounds for Modification. Petitioner alleges that a Substantial Change has occurred, specifically:
a. Change in income: Petitioner’s monthly gross income has [increased/decreased] from $[X] to $[Y]; Respondent’s monthly gross income has [increased/decreased] from $[A] to $[B].
b. Passage of 36 months since entry of the Existing Order (RSA 458-C:4, I (b)).
c. Health-care coverage has become [available/unavailable] to [Petitioner/Respondent] at reasonable cost.
d. Other: [Describe any additional statutory basis].
3.2 Requested Relief. Petitioner respectfully requests that the Court:
a. Recalculate and set child support in accordance with the attached Child Support Guidelines Worksheet (Exhibit A), resulting in an adjusted obligation of $[Proposed Amount] per [week/bi-weekly/month].
b. Order that support be paid via immediate Wage Assignment through the NH Division of Child Support Services (“DCSS”) pursuant to RSA 458-B.
c. Allocate responsibility for the child(ren)’s medical/dental insurance and unreimbursed expenses under RSA 458-C:5.
d. Grant any further relief the Court deems just and equitable.
3.3 Conditions Precedent. Entry of the requested order is contingent upon each party providing a fully executed Financial Affidavit (NHJB-2065-F) and all required income documentation no later than [5] business days before the hearing.
IV. REPRESENTATIONS & WARRANTIES
4.1 Petitioner represents, warrants, and affirms that:
a. All financial disclosures provided herewith and in any required affidavits are true, complete, and accurate to the best of Petitioner’s knowledge.
b. The facts set forth in this Petition are within Petitioner’s personal knowledge or based on reliable information and belief.
4.2 Survival. The foregoing representations shall be deemed continuing until final disposition of this Petition.
V. COVENANTS & RESTRICTIONS
5.1 Financial Disclosure Covenant. Each party shall promptly supplement financial disclosures upon any material change and shall cooperate with DCSS for verification.
5.2 Contact Information Covenant. Pursuant to Fam. Div. Rule 1.25-A, each party shall provide current addresses and phone numbers to the Court and the opposing party within [7] days of any change.
VI. DEFAULT & REMEDIES
6.1 Failure to Appear or Comply. If either party fails to appear or to comply with disclosure obligations, the Court may:
a. Enter default judgment;
b. Draw negative inferences;
c. Award reasonable attorney’s fees and costs against the non-complying party.
6.2 Enforcement Post-Modification. Upon entry, the modified order shall be enforceable by:
a. Automatic Wage Assignment (RSA 458-B:2);
b. DCSS administrative enforcement;
c. Contempt proceedings, including incarceration and license suspension as authorized by law.
VII. RISK ALLOCATION
[// GUIDANCE: Indemnification is not applicable in family-law pleadings; liability caps default to statutory limits of wage assignment.]
7.1 Income Percentage Limitation. Support shall not exceed the percentages set forth in RSA 458-C:3, absent written findings that deviation is in the child(ren)’s best interests.
VIII. DISPUTE RESOLUTION
8.1 Governing Law. This matter is governed exclusively by New Hampshire family law statutes and Family Division procedural rules.
8.2 Forum Selection. The Family Division of the New Hampshire Circuit Court, [County] Division, retains exclusive jurisdiction.
8.3 Arbitration & Jury Waiver. Arbitration is unavailable; the matter shall be resolved by the Court sitting without a jury.
8.4 Injunctive / Equitable Relief. Nothing herein limits the Court’s authority to enter temporary orders or wage assignments.
IX. GENERAL PROVISIONS
9.1 Amendment & Waiver. Any amendment to this Petition must be in writing and filed with the Court; waivers must be express.
9.2 Severability. If any provision is deemed unenforceable, the remainder shall remain in effect to the maximum extent permitted by law.
9.3 Integration. This Petition, together with required financial affidavits and exhibits, constitutes the complete pleading for modification relief.
X. EXECUTION BLOCK
Respectfully submitted,
Date: ___, 20_
[Petitioner Full Legal Name]
[Street Address]
[City], NH [ZIP]
Telephone: [XXX-XXX-XXXX]
E-Mail: [Petitioner Email]
[Signature of Counsel, if any]
[NH Bar #]
[Law Firm Name]
[Street Address]
[City], NH [ZIP]
Telephone: [XXX-XXX-XXXX]
E-Mail: [Attorney Email]
Counsel for Petitioner
XI. VERIFICATION
I, [Petitioner Name], hereby swear or affirm under penalty of perjury that the facts stated in this Petition are true and correct to the best of my knowledge and belief.
Date: ___, 20_
[Petitioner Signature]
State of New Hampshire
County of ______
Subscribed and sworn before me on this ___ day of ___, 20_.
Notary Public / Justice of the Peace
My Commission Expires: ___
XII. CERTIFICATE OF SERVICE
I certify that on [Date] a copy of this Petition, including all attachments, was delivered to [Respondent or Respondent’s Counsel] via [method: First-Class Mail / Hand Delivery / Electronic Filing & Service] in accordance with Fam. Div. Rule 1.3.
[Signature of Petitioner or Counsel]
EXHIBITS
A. Child Support Guidelines Worksheet (NHJB-2059-F)
B. Financial Affidavit – Petitioner (NHJB-2065-F)
C. Financial Affidavit – Respondent (to be filed)
D. Proposed Child Support Order (NHJB-2063-F)
[// GUIDANCE: Attach completed forms where available; mark “to be filed” if not yet prepared.]