Summary the Final Report of the 
Commission to Study Child Support and Related Child Custody Issues 
Authorized by HB 310 
(Final Report filed December 1, 2004) 
Summary Submitted to the Family Law Subcommittee 
New Hampshire Citizens Commission on the Courts 
By James E. Michalik, Commission Member 
The Child Support Commission issued its final report on December 1, 2004. The Report 
is an extensive analysis (67 pages) of the following topics: 
• the background of the legislative establishment of the Commission; 
• a review of current child support law pursuant to RSA 458-C; 
• a review of competing models utilized in other states for child support 
calculations; 
• analysis of a favored model known as the ‘Cost-Based Model’; 
• a review of related child support issues; and, 
• the issuance of ‘Findings and Recommendations’. 
(The full report is available under the menu topic ‘Resources’ on the NHCCSC 
Website which is linked to the NH Government Website.) 
The Commission made 17 specific Findings and Recommendations (report at page 4547) 
as well as a number of generalized conclusions cited in the text of the Report. I 
summarize these as follows: 
1. The Commission found that child support formulas fall into one of three 
general categories: 
i. Income Shares Model (used by 33 states including New 
Hampshire, in theory) which allocates for each child a proportion 
of the parents income, from the perspective as if the household was 
still intact; 
ii. Percentage of Income Model (used by 13 states including New 
Hampshire, in practice) which sets child support on a percentage 
basis (flat or variable) of the non-custodial parent’s income. 
iii. Melson Formula (used by 3 states) a more sophisticated version of 
the Income Shares Model which adopts a number of public policy 
choices to balance the parents self support needs and the child’s 
need for support. 

2. Generally speaking, the Commission found that the current child support 
guidelines can lead to unfair and inappropriate results and that the guidelines 
are in need of reform and revision. It appears to be the consensus of the 
Commission that the guidelines produce unfair results at the high end and low 
end of family income levels. 
3. The majority members of the Commission found that the Cost-Based Model 
should be adopted by New Hampshire as a cure to most of the shortcomings 
whether perceived and/or real which current law has created. The ‘Cost-
Based Model’ focuses on the ordinary costs incurred in raising children. 
Generally speaking this model is based on the following criteria: 
a) Average income from both parents is used to determine the target 
expenditures for the child, thereby reflecting the highest standard of 
living available. 
b) Child related tax benefits would be set off against child expenditures. 
c) Day care and education would be excluded from the cost tables and 
treated as add-ons and medical insurance would be reflected in the cost 
tables. 
d) The USDA cost tables best reflect real cost data for child rearing. 
e) Child support awards should not force the obligor’s income below a 
self support needs. 
4. Although no separate minority report was issued, it appears that the minority 
members were rightfully concerned over a minimalist definition of ‘basic’ 
costs and they urged the incorporation of a ‘standard of living adjustment’ and 
other modifications into any final version of the cost based model. 
5. The consensus of the Commissioners was that further study of cost based 
model alternatives should be undertaken and that the Legislature should 
appropriate funds for an expert review. 
6. As of this writing I have not finalized my review of the steps taken to 
implement the report as I await several return calls from the Chairman and 
members of the Commission. However, as far as I can determine the 
following are in progress: 
a. An economist has been retained by the State to conduct further 
review and analysis of various child support models. Additionally, 
I have been told that federal monies are expected towards 
this expert’s costs, although I have no verification of that fact. 

b. Representative David Bickford, Vice Chair of the Commission has 
introduced a number of bills into the House regarding the 
Commission’s work. I intended to research this further but have 
not had further opportunity to complete that review. 
Query: How the Child Support Commission’s report and work affects the 
NHCCSC’s mission and do our respective tasks overlap? 
Possible Answers: 
A. The NHCCSC should view this report in context of other family law 
related work from other committees and commissions. 
B. Taking into consideration the report of the Child Support Commission and 
the Family Law Task Force, other relevant reports and the recent statutory 
changes involving parenting rights and responsibilities the NHCCSC 
should make broad policy recommendations to the Supreme Court for 
child support such as the following: 
i. child support should be above ideological agendas and focus on 
the purpose of child support – as measuring tool to determine 
how divided families should provide financial support to their 
children; 
ii. child support should not be so low as to be confiscatory to children 
nor so high as to be confiscatory to parents; 
iii. whatever model adopted, child support should be as fair as 
humanly possible to avoid the extremes (ie. promoting divorce, 
promoting parental alienation, promoting the abdication of 
parental responsibility for financial or for support of children 
in educational and social pursuits, etc.); 
iv. an appropriate review body should monitor the ongoing 
review of the economist and any proposed revisions to the child 
support model; 
v. the appropriate body should monitor legislative changes to insure 
that they meet consensus goals or other goals established by the 
NHCCSC; and, 
vi. and such other recommendations deemed appropriate. 
Respectfully submitted to the Subcommittee on December 8, 2005.