Legal Updates Since Publication

as of January 2016

*See current court divorce & parenting forms at: http://www.courts.state.nh.us/fdpp/forms/allforms.htm#divorce.

*Effective 2010, same-sex couple marriages became legal in NH. Beginning June 2013, the federal government recognized the same-sex marriages of NH couples. This removes barriers to a fair split of assets.

pp. 8 & 53 - The percentage of cases resolved by mediation has increased and may now equal, or even exceed, the percentage resolved through lawyers.

p. 9 - The percentages now decrease as income increases. Example: support for 1 child at combined net income of 25K, support is 25%; at 80K combined net income, support is 21%; at 120K combined net income, support is 19%. See http://www.dhhs.nh.gov/dcss/calculator.htm.

p. 40 - Many families can mediate (or collaboratively resolve) temporary or final issues several months (or up to a year for final issues) before the court is able to schedule a hearing.

p. 52 - If the "team model" is used, some meetings involve the clients meeting with a coach, child specialist, or financial professional. For more information on Collaborative Practice, see http://collaborativelawnh.org/.

p. 57 - Court rules require the exchange of certain financial information within 45 days from service or 10 days before initial hearing. See http://www.courts.state.nh.us/forms/nhjb-2736-f.pdf for details.

pp. 57 & 58 - The court often schedules contested final hearings automatically. The date is often 2-6 months in the future; in some courts, the delay is even longer.

p. 92 - Family Court rules require the exchange of certain financial information within 45 days from service or 10 days before initial hearing. See http://www.courts.state.nh.us/forms/nhjb-2736-f.pdf for details.

p. 107 - Agreed-on divorces usually take effect 2-8 weeks after filing all required documents.

p. 128 - The law allows parents to select which parent's school district the child will attend. It may be the district where the "less time" parent lives. If so, the district has no obligation to provide transportation. There is a special agreement form to submit to the court and then to both school districts. See http://www.courts.state.nh.us/forms/nhjb-2763-f.pdf.

p. 132 - If either parent is deployed by military, special legal provisions apply. See http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-XLIII-458-E.htm.

pp. 138 & 139 - The state is no longer paying GAL fees for indigent parents. As a result, GALs are less frequently appointed.

p. 145 & 149 - The percentages now decrease as income increases. Example: at combined net income of 25K, 25% for 1 child, at 80K combined net income, support is 21%, at 120K combined net income, support is 19%. See http://www.dhhs.nh.gov/dcss/calculator.htm.

p. 148 - The limits on deductions for child care expenses have been eliminated. Additionally, a parent may deduct child care expenses incurred while participating in education or training activities to acquire or maintain job skills.

Chapter 14 - Consult a tax preparer for current exemptions/deductions.

p.209 - The Supreme Court now offers mediation of cases on appeal.

p. 249 - The law allows parents to select which parent's school district the child will attend. It may be the district where the "less time" parent lives. If so, the district has no obligation to provide transportation. There is a special agreement form to submit to the court and then to both school districts. See http://www.courts.state.nh.us/forms/nhjb-2763-f.pdf.

Note: Following a change in the law, parents may now agree on contributions to college. See Final Decree form (link at http://www.courts.state.nh.us/fdpp/forms/allforms.htm#divorce.). While the court may not order college contributions, if parents agree, the court will enforce the agreement.


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