Answer: The cost to commence a divorce action in New Hampshire is $125 (with no children) and $127 (with children); this fee is paid to the Superior Court in your county. The document that begins a divorce is a Petition for Divorce. The Petition is filed with the Superior Court with the fee, and the Court assigns the case a docket number, sets a temporary hearing, and prepares a document with instructions for the defendant (also known as the respondent). The Petition is returned to the moving party (also known as the plaintiff or petitioner), and it is that person's responsibility to have the Petition served on the defendant. The Petition must be served by a sheriff; the cost of service is about $35. To protect your interests, it is recommended that an attorney be retained. The fee for that attorney will vary, depending upon the individual circumstances in your case. Generally, a retainer is required of $500 or more, again depending upon the situation.

2. Can a spouse, while a divorce is pending, withdraw funds or hide bank accounts or assets?

Answer: Once a Petition is filed with the Superior Court, the Court issues a temporary order, which prohibits either party from withdrawing, concealing, or disposing of marital funds or assets. We recommend that you keep a list of all marital assets and accounts (including bank accounts, mutual funds, retirement accounts, real estate, stocks, life insurance policies); it is better to have such a list together before you file for divorce.

3. Will I be prejudiced if I leave the home voluntarily, before or during the time the divorce is pending?

Answer: You may be prejudiced if you leave the home voluntarily, especially if you want the property in the end or if you want to retain custody of any children. If your spouse has threatened to physically harm you, do not leave the home. Instead, contact the police department and/or the District Court in your area and file a domestic violence petition. If you are being threatened or harmed, you may be eligible for a restraining order that will protect you and may require your spouse to leave the home.

4. How is child support calculated in New Hampshire?

Answer: New Hampshire calculates child support using a certain formula. Generally, the monthly gross income of both parents is determined. This figure represents the combined income of the household. Then, a chart is utilized by the State, depending upon the number of children; this gives you a total recommended amount of monthly support required for the children's benefit. This total monthly amount is then divided proportionately between the parents, according to the proportionate share of their income in relationship to the total combined income of the household.

The factors for consideration for adjusting the amount up or down which are specified in statute are:

(1) any extraordinary medical, dental, or educational expenses of the child;
(2) a significantly higher or lower income of either parent;
(3) the economic consequences of the presence of any stepparents or stepchildren;
(4) any extraordinary costs associated with physical custody;
(5) the economic consequences to either parent of the disposition of the marital home;
(6) any state or federal tax consequences;
(7) any split or shared custody arrangements; and
(8) any other significant factor that may be a reason or ''special circumstance'' which the court can consider in deviating from the guidelines amount for child support.

The court may order health insurance coverage as a method of support.
There are also provisions for wage assignments and wage withholding to secure the payment of any child support.
[New Hampshire Revised Statutes Annotated; Chapters 458:17, 458:18, 458-C:1-5]

5. Is there a chance to reduce a child support obligation and deviate from the formula used by the State?

Answer: Yes, there are situations when the child support guidelines (formula) are deviated from. Special circumstances that may be considered and that may result in adjustments in the application of support guidelines may include:

(a) Ongoing extraordinary medical, dental, or education expenses, including expenses related to the special needs of a child, incurred on behalf of the involved children;
(b) Significantly high or low income of the obligee or obligor;
(c) The economic consequences of the presence of stepparents, stepchildren, or natural or adopted children;
(d) Reasonable expenses incurred by the obligor parent in exercising visitation of physical custodial rights, or expenses incurred by such parent in extended visitation or physical custodial rights, provided that the reasonable expenses incurred by the obligee parent for the minor children can be met regardless of such adjustment;
(e) The economic consequences to either party of the disposition of a marital home made for the benefit of the child;
(f) The opportunity to optimize both parties' after-tax income by taking into account federal tax consequences of an order of support;
(g) State tax obligations;
(h) Split or shared custody arrangements;
(i) The economic consequences to either party of providing for the voluntary or court-ordered postsecondary educational expenses of a natural or adopted child;
(j) Other special circumstances found by the court to avoid an unreasonably low or confiscatory support order, taking all relevant circumstances into consideration.

Therefore, if you think you are entitled to a discount in child support, it is recommended that you retain an attorney to assist you in evaluating your situation. The party asking for the discount must demonstrate special circumstances by a preponderance of the evidence.

6. What factors are taken into consideration in awarding the payment of alimony?

Either spouse may be ordered to pay support to the other if:

(1) the spouse in need lacks sufficient income or property to provide for reasonable needs, taking into account the standard of living during the marriage; and
(2) the spouse to pay is able to meet his or her reasonable needs, taking into account the standard of living during the marriage; and
(3) the spouse in need is unable to support himself or herself at a reasonable standard of living or is the custodian of a child whose condition or circumstances make it appropriate that the custodian not seek employment outside the home.

The factors for consideration are:

(1) the duration of the marriage;
(2) the age of the spouses;
(3) the physical and emotional conditions of the spouses;
(4) the vocational skills and employability of the spouse seeking support;
(5) the tax consequences to each spouse;
(6) the amount and sources of income of the spouses;
(7) the occupation of the spouses;
(8) the value of each spouse's property;
(9) the liabilities and needs of each spouse;
(10) the opportunity of each for further acquisition of capital assets and income;
(11) any marital fault if such fault caused the breakdown of the marriage and caused pain and suffering or economic loss;
(12) the contribution of each spouse to the acquisition, preservation, or appreciation in value of the marital property, including any non-economic contributions of each spouse to the family unit; and
(13) the social and economic status of each spouse.
[New Hampshire Revised Statues Annotated; Chapter 458:19]

7. How is custody of children determined?

Child Custody: Joint legal custody (joint responsibility for all parental rights and decisions, except physical custody) is presumed to be in the best interests of the child unless there has been child abuse by one of the parents. Custody is awarded based on a consideration of the following factors:

(1) preference of the child;
(2) the education of the child;
(3) any findings or recommendations of a neutral mediator; and
(4) any other factors.
No preference is given to either parent based on the parent's sex. Repeated and unwarranted interference by a parent with primary custody with the visitation rights of the other parent is now a factor in modifying custody arrangements.
[New Hampshire Revised Statutes Annotated; Chapter 458:17]

8. Can I modify a divorce order that is already in effect?

Answer: Yes, both the person paying the support or the person receiving the support may apply to the Court or, when the Department of Health and Human Services has issued a legal Order of Support pursuant to RSA 161-C, to the Department, whichever issued the existing order, for modification of such Order 3 years after the entry of the last Order for Support, without the need to show a substantial change of circumstances. This section shall not prohibit the obligor or obligee from applying at any time for a modification based on substantial change of circumstances. Therefore, if your situation has changed significantly, you may be entitled to a modification. To apply for a modification a Petition must be filed in the Superior Court with a $52 fee. The Petition must be served upon the defendant (respondent), depending upon your situations, but are generally reasonable, unless there are some difficult circumstances.

Disclaimer: None of the information contained herein shall be construed as a direct recommendation or as legal advice of McGrath Law Firm, P.A.