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Divorce
Forms |
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Child Support
| Q. |
I
understand New Hampshire divorce laws require
the child support calculation to be made from
net pay. What are
the percentages? |
| Q. |
A
friend is having the state collect child support
for her but the State is keeping some of the money. What's
that all about? |
| Q. |
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| Q. |
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| Q. |
I
am going to court for an increase in child support.
My ex husband's salary has increased significantly. Can
my request be retro-active to the time I first
filed the request, or will it be after the final
decision? |
| Q. |
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| Q. |
I
understand New Hampshire divorce laws require
the child support calculation to be made from
net pay. What are the percentages? |
|
|
| A. |
The
child support deductions are as follow: 1 child-
25%, 2 children- 33%, 3 children- 40%, 4 children-
45%. An individual's total support obligation
is determined by multiplying the parents' total
net income by the appropriate percentage. New
Hampshire requires that the total child support
obligation be divided between the parents in proportion
to their respective incomes excepting child care
expenses or medical insurance coverage for the
minor children by the payor. |
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| Q. |
A
friend is having the state collect child support
for her but the State is keeping some of the money.
What's that all about? |
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| A. |
If
the state collects more in a month than is due
for that family that month, it may deduct from
the non-custodial's payment monies for any cash
assistance; AFDC or TANF, that a family received. Also,
child support agencies can recover all or part
of the costs of their services from people who
are not in a cash assistance program. These can
include the cost of legal work done by agency
attorneys or the costs of locating a parent, for
example |
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| Q. |
Does
Child Support Services make available direct deposit
or Electronic Funds Transfer of child support
it receives from my ex for me and my children? |
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| A. |
Yes,
it does. Refer to the link above this section
that reads Division of Child Support Services.
You can complete the form and mail it to DCSS. |
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| Q. |
Once
the child support amounts are established, can
those amounts be raised, how easy is it, and when
can I request it? |
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| A. |
Yes,
child support amounts can be modified as needs
and conditions change. Modifying the child support
amount is possible by going back to the court
with a modification request. Typically courts
like to see a change in circumstances that would
modify the current amounts paid by 15% or more.
Do the math. If you need an application for modification,
see the link above. |
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| Q. |
I
am going to court for an increase in child support.
My ex husband's salary has increased significantly.
Can my request be retro-active to the time I first
filed the request, or will it be after the final
decision? |
|
|
| A. |
Yes,
your petition will be retro-active to your filing
date. |
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| Q. |
My
fiance and his ex-wife got divorced in New York
in January 2006. In October 2007 his wife decided
to move to Florida. Is the child support based
off of the state they divorced or the state the
kids are currently living in? |
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| A. |
The
child support court order made in New York survives
their move to Florida. Until or unless someone
asks a Florida court to take over jurisdiction,
the New York court order will stand. |
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Child Custody
| Q. |
I
understand New Hampshire divorce laws require
the child support calculation to be made from
net pay. What are the percentages? |
|
|
| A. |
The
child support deductions are as follow: 1 child-
25%, 2 children- 33%, 3 children- 40%, 4 children-
45%. An individual's total support obligation
is determined by multiplying the parents' total
net income by the appropriate percentage. New
Hampshire requires that the total child support
obligation be divided between the parents in proportion
to their respective incomes excepting child care
expenses or medical insurance coverage for the
minor children by the payor. |
|
|
| Q. |
A
friend is having the state collect child support
for her but the State is keeping some of the money.
What's that all about? |
|
|
| A. |
If
the state collects more in a month than is due
for that family that month, it may deduct from
the non-custodial's payment monies for any cash
assistance; AFDC or TANF, that a family received. Also,
child support agencies can recover all or part
of the costs of their services from people who
are not in a cash assistance program. These can
include the cost of legal work done by agency
attorneys or the costs of locating a parent, for
example |
|
|
| Q. |
Does
Child Support Services make available direct deposit
or Electronic Funds Transfer of child support
it receives from my ex for me and my children? |
|
|
| A. |
Yes,
it does. Refer to the link above this section
that reads Division of Child Support Services.
You can complete the form and mail it to DCSS. |
|
|
| Q. |
Once
the child support amounts are established, can
those amounts be raised, how easy is it, and when
can I request it? |
|
|
| A. |
Yes,
child support amounts can be modified as needs
and conditions change. Modifying the child support
amount is possible by going back to the court
with a modification request. Typically courts
like to see a change in circumstances that would
modify the current amounts paid by 15% or more.
Do the math. If you need an application for modification,
see the link above. |
|
|
| Q. |
I
am going to court for an increase in child support.
My ex husband's salary has increased significantly.
Can my request be retro-active to the time I first
filed the request, or will it be after the final
decision? |
|
|
| A. |
Yes,
your petition will be retro-active to your filing
date. |
|
|
| Q. |
My
fiance and his ex-wife got divorced in New York
in January 2006. In October 2007 his wife decided
to move to Florida. Is the child support based
off of the state they divorced or the state the
kids are currently living in? |
|
|
| A. |
The
child support court order made in New York survives
their move to Florida. Until or unless someone
asks a Florida court to take over jurisdiction,
the New York court order will stand. |
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Visitation/Co-Parenting
| Q. |
I'm
the divorcing Dad, and want to get the kids about
half the time. Is my best chance making the agreement
with my wife or requesting the court impose an
order for strong>visitation? |
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| A. |
We don't know
what your chances are making an arrangement with
your wife, but we believe that that choice would
produce the longest-lasting and least abrasive
of all your choices. |
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| Q. |
Must we
accept the court's visitation (parenting) schedule? |
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| A. |
No, you
two can fashion an agreement and submit it to
the court. If the visitation and custody portion
holds up to the "best interest of the child." |
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| Q. |
What does the
typical visitation (parenting) agreement contain? |
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| A. |
You will likely
want included: alternate weekend visitation (3-day
weekends included), mid-week visitation, sharing
of the children during periods of school recess
-winter, spring and summer, New Year's Eve, Easter,
Rosh Hashanah and Yom Kippur, Thanksgiving, and
Christmas with one parent or the other in alternate
years, Father's Day with Father, Mother's Day
with Mother, alternate years on the children's
birthdays, and open communication by phone and
computer. |
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Alimony/
Maintenance/ Spousal Support
| Q. |
How
is alimony (or if you prefer spousal support or
maintenance) treated in N.H.? |
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| A. |
Upon request,
the court will make orders for alimony if one
party lacks sufficient means to live adequately.
Alimony can be granted on a temporary or permanent
basis, which can include immediately after a marriage
separation. |
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| Q. |
Does our marriage
have to be at least 10 years in duration? That's
what I've heard. |
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| A. |
A handful of
states require a marriage of at least 10 years
for alimony to be considered. New Hampshire is
not one of them, although the courts do tend to
use 10 years as a approximate benchmark. In other
words, some marriages of less than 10 have received
alimony orders and some greater than 10 years
have not received orders for alimony. |
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| Q. |
What determines
whether alimony will be awarded? There must be
criteria? |
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| A. |
The court
will take into consideration how the parties lived
prior to the petition for divorce, and will consider
the length of the marriage; the age, health, social
or economic status, occupation, amount and sources
of income, property, vocational skills, employability,
estate, liabilities, and needs of each of the
parties; the opportunity of each for future acquisition
of assets and income; the fault of either party;
and the federal tax consequences of the order. The
court may also consider the contribution of each
of the parties in the acquisition, preservation,
or appreciation in value of their respective estates
and the non economic contribution of each of the
parties to the family unit [e.g. stay-at-home
mothers]. |
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Grounds
For Divorce
| Q. |
What are the grounds
for divorce in New Hampshire? |
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| A. |
Fault Grounds
for divorce include: Impotency, adultery, extreme
cruelty, Conviction of a crime, treatment of the
spouse with serious intent to injure, A spouse
has abandoned the home for 2 years, with no contact,
When either party has joined any religious sect
or society which professes to believe the relation
of husband and wife unlawful, and has refused
to cohabit with the other for 6 months together. |
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| A2. |
No Fault provision
is Irreconcilable Differences. In this pleading,
the courts find that allegations or evidence of
misconduct are improper and inadmissible [except
where parental rights and responsibilities may
be impacted as they relate to a child's well-being]. |
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Marriage
Annulment
Marital Annulment
| Q. |
How
does one know if they should get a marriage annulment
or a divorce? |
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| A. |
Grounds for annulment
typically involve one party's lack of capacity
for marriage or some type of fraud. A marriage
annulment (or sometimes called a marital annulment)
of a marriage in New Hampshire means that the
court has determined that the marriage should
never have taken place, was never valid to begin
with, and returns the parties to single status.
A marriage annulment is reserved for those marriages
that came together as a result of fraud, duress,
prohibited by statute or one of the parties did
not have the ability to understand fully what
they were doing. |
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| Q. |
What is the process
to obtain a marriage annulment? |
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| A. |
One of the parties must petition
the court much like you do for a marital separation
or divorce proceeding. You must cite grounds for
the annulment and have your partner served, at
which time a hearing will be scheduled. The burden
of proof is somewhat higher for an annulment versus
a divorce, as you must provide proof of grounds. |
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| Q. |
What are the grounds for annulment
in New Hampshire? |
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| A. |
Grounds are: Incest- Marrying
someone too closely related e.g. mother-son, father-daughter,
uncle-niece, and brother-sister is grounds for
annulment, Addiction to drugs or alcohol-
habitual intoxication of liquor or drugs like
opium, cocaine or morphine means you can obtain
an annulment, Same-Sex Marriage- marriages
that are prohibited and such marriages can be
annulled under New Hampshire annulment laws, Mental
Incapacity- Mental Illness- If your spouse
is mentally ill with little hope of improvement,
you may file for an annulment, and Physical
Disability- At the time of marriage, if any
physical disability in your spouse was/is hindering
you from having a normal married life, you can
obtain an annulment under New Hampshire annulment
laws and Underage Marriage |
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Marriage
Counseling/
Mediation
| Q. |
Does
New Hampshire incorporate mediation or marriage
counseling into the divorce or separation process? |
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| A. |
Before the final
decree, the court will make a determination as
to the likelihood for reconciliation, and may
refer the parties to an appropriate counseling
agency, and may continue the proceedings to allow
that process to take its course. New Hampshire
divorce laws require the parties to attend a 4-hour
information session, which will provide instruction
on how to help the children deal with the issues
surrounding divorce, separation, and the allocation
of parental rights and responsibilities. Marriage
counseling is not provided in the Family Law guided
divorce. |
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Legal
Separation/
Marital Separation
| Q. |
Can you describe
what a legal separation is and why I might want
one versus a divorce? |
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| A. |
In New Hampshire, a legal
separation (or it is sometimes called a marital
separation) allows two persons who are still legally
married to separate and live apart. The approval
of the separation agreement by the
court provides the structure necessary for the
separation. The legal separation does not dissolve
the marriage nor does it allow the parties to
remarry. It does, however, provide for support
and custody of minor children, visitation, alimony,
and division of property and debts. Legal separations
are not required as a prelude to filing for divorce.
Legal separation is most often pursued when one
of the parties wants to stay married for religious
reasons, wants the advantage of deductibility
of spousal support payments for income tax reasons,
wants to maintain various insurance coverage's,
or does not want to wait the state statutory waiting
period for termination of marital status. |
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| Q. |
If we get a legal separation,
is there a number of years where the separation
automatically converts to a divorce? |
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| A. |
No. One needs to file a petition
to convert the separation to a divorce. |
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Waiting
Period
| Q. |
Are there any
waiting periods that we need to know about? |
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| A. |
Other than meeting the residency
requirements, there are no waiting periods associated
with divorce in NH. |
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Grandparents Rights
| Q. |
Do
New Hampshire divorce laws allow grandparents
to petition the court for visitation of their
grandchildren? |
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| A. |
Yes, grandparents
may petition the court for visitation, and are
advised to do so during the divorce of their adult
child in order to minimize legal costs. Reasonable
visitation privileges may be granted if the court
determines that it is in the best interest and
welfare of the children and any other factors
the court might find relevant and appropriate.
Considerations by the court may include: a.) preference
of child; and b.) any domestic violence. |
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State
Fact Sheets for Grandparents and Other Relatives
Raising Children |
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Divorce
Settlement
| Q. |
What
does it mean to have or get a divorce settlement?
Isn't that what the trial is for? |
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| A. |
Most
divorces never make it to trial (90%). Rather,
negotiations between attorneys and clients resolve
the issues in most cases. A divorce settlement
simply means your and your spouse will arrive
at and agree to a schedule that divides your marital
assets and debt. Marital assets or property can
include tangible and intangible property and assets,
real or personal, whether title to the property
is held in the name of either or both parties.
Intangible property can include employment benefits,
vested and non-vested pension or other retirement
benefits, or savings plans. Your attorney will
have drawn up a settlement agreement and both
parties will have signed on to it. |
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| Q. |
If
we cannot agree (which wouldn't surprise me),
we are at the mercy of the court and its "wisdom",
correct? |
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| A. |
Yes,
if the court must determine the settlement, it
will order order an equitable division of property
between the parties consistent with this state
being an "equitable distribution" state. |
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| Q. |
What
does the court look at when making this determination? |
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| A. |
The
court can consider any or all of the following: |
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The
duration of the marriage |
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The
age, health, social or economic status, occupation,
vocational skills, employability, separate property,
amount and sources of income, needs and liabilities
of each party |
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The
opportunity of each party for future acquisition
of capital assets and income |
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The
ability of the custodial parent, if any, to engage
in gainful employment without substantially interfering
with the interests of any minor children in the
custody of said party |
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The
need of the custodial parent, if any, to occupy
or own the marital residence and to use or own
its household effects. |
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The
actions of either party during the marriage which
contributed to the growth or diminution in value
of property owned by either or both of the parties. |
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Significant
disparity between the parties in relation to contributions
to the marriage, including contributions to the
care and education of the children and the care
and management of the home. |
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Any
direct or indirect contribution made by one party
to help educate or develop the career or employability
of the other party and any interruption of either
party's educational or personal career opportunities
for the benefit of the other's career or for the
benefit of the parties' marriage or children. |
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The
expectation of pension or retirement rights acquired
prior to or during the marriage. |
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The
tax consequences for each party. |
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The
value of property that is allocated by a valid
prenuptial contract made in good faith by the
parties. |
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The
fault of either party as specified in RSA 458:7
if said fault caused the breakdown of the marriage
and: 1. Caused substantial physical or mental
pain and suffering; or 2. Resulted in substantial
economic loss to the marital estate or the injured
party. |
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The
value of any property acquired prior to the marriage
and property acquired in exchange for property
acquired prior to the marriage. |
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The
value of any property acquired by gift, devise,
or descent. |
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Any
other factor that the court deems relevant. |
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Residency
Requirements
| Q. |
What
are the residency requirements necessary for filing
a petition for divorce, separation or annulment? |
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| A. |
Both parties
must reside in the State at the time the action
is filed; or, The plaintiff reside in the State
and the defendant was personally served within
the State; or, The plaintiff resided in the State
for one year immediately prior to the filing of
the action. |
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