HB 1241 — relative to the calculation of income for purposes of support orders in divorce proceedings.

Summary

relative to the calculation of income for purposes of support orders in divorce proceedings.

Bill Text

• Introduced View text Current pdf

Compared against the N.H. Revised Statutes Annotated as published AI-generated reading aid — verify against the official bill.

The bill modifies the definition of 'gross income' for alimony and child support calculations to exclude overtime and secondary employment earnings.

• RSA 458:19, V

  means all income from any source, whether earned or unearned, including, but not limited to, wages, salary, commissions, tips, annuities, social security benefits, trust income, lottery or gambling winnings, interest, dividends, investment income, net rental income, self-employment income, business profits, pensions, bonuses, and payments from other government programs (except public assistance programs, including aid to families with dependent children, aid to the permanently and totally disabled, supplemental security income, food stamps, and general assistance received from a county or town), including, but not limited to, workers' compensation, veterans' benefits, unemployment benefits, and disability benefits, but not exclusions from gross income as defined in paragraph III. → means income from the primary occupation of a parent, including wages, salary, commissions, or self-employment earnings regularly received in the ordinary course of that primary occupation. “Gross income” shall not include overtime compensation, earnings from secondary employment, or income derived from sources outside of the parent’s primary occupation.

  This change limits the calculation of gross income to primary employment income, excluding overtime and any income from secondary jobs.

• RSA 458-C:2, IV

  means all income from any source, whether earned or unearned, including, but not limited to, wages, salary, commissions, tips, annuities, social security benefits, trust income, lottery or gambling winnings, interest, dividends, investment income, net rental income, self-employment income, alimony, business profits, pensions, bonuses, and payments from other government programs (except public assistance programs, including aid to families with dependent children, aid to the permanently and totally disabled, supplemental security income, food stamps, and general assistance received from a county or town), including, but not limited to, workers' compensation, veterans' benefits, unemployment benefits, and disability benefits; provided, however, that no income earned at an hourly rate for hours worked, on an occasional or seasonal basis, in excess of 40 hours in any week shall be considered as income for the purpose of determining gross income; and provided further that such hourly rate income is earned for actual overtime labor performed by an employee who earns wages at an hourly rate in a trade or industry which traditionally or commonly pays overtime wages, thus excluding professionals, business owners, business partners, self-employed individuals and others who may exercise sufficient control over their income so as to recharacterize payment to themselves to include overtime wages in addition to a salary. In addition, the following shall apply: (a) The court, in its discretion, may consider as gross income the difference between the amount a parent is earning and the amount a parent has earned in cases where the parent voluntarily becomes unemployed or underemployed, unless the parent is physically or mentally incapacitated; provided that in no case shall incarceration be considered voluntary unemployment. (b) The income of either parent's current spouse shall not be considered as gross income to the parent unless the parent resigns from or refuses employment or is voluntarily unemployed or underemployed, in which case the income of the spouse shall be imputed to the parent to the extent that the parent had earned income in his or her usual employment. (c) The court, in its discretion, may order that child support based on one-time or irregular income be paid when the income is received, rather than be included in the weekly, bi-weekly, or monthly child support calculation. → means income from the primary occupation of a parent, including wages, salary, commissions, or self-employment earnings regularly received in the ordinary course of that primary occupation. “Gross income” shall not include overtime compensation, earnings from secondary employment, or income derived from sources outside of the parent’s primary occupation.

  This change restricts the gross income considered for child support calculations to primary employment income, excluding overtime and secondary earnings.

Action History

1. March 11, 2026

   Inexpedient to Legislate: MA VV 03/11/2026 HJ 7 P. 2

2. March 04, 2026

   Committee Report: Inexpedient to Legislate 03/03/2026 (Vote 15-1; CC) HC 10 P. 4

3. February 20, 2026

   Executive Session: 03/03/2026 10:00 am GP 230

4. February 10, 2026

   Public Hearing: 02/24/2026 10:00 am GP 230

5. December 01, 2025

   Introduced 01/07/2026 and referred to Children and Family Law HJ 1 P. 12

Sponsors

• James Spillane · Cosponsor
• Joseph Barton · Primary
• Susan DeRoy · Cosponsor
• Samuel Farrington · Cosponsor

Subjects