New Hampshire Family Law Blog : New Hampshire Divorce Lawyer & Attorney : Crusco Law Firm : Family Law, Custody, Child Support : Manchester, New Hampshire, Massachusetts

On July 1, 2009, the New Hampshire Supreme Court issued an order increasing the filing fees in all cases. The filing fee for a divorce without children is now $205, and a divorce with children or a parenting petition is now $207.

According the the media advisory posted by the court, the fee increase was necessary to continue to fund the services provided by the judicial branch.

Chief Justice John T. Broderick Jr. said the court's decision to change the fees came after state lawmakers asked each branch of state government to find ways to increase state revenue during a severe economic downturn. The Judicial Branch had suggested generating more revenue through fee changes during recent budget negotiations with House and Senate members.

“We have agreed to keep almost 60 staff positions open during the next biennium and will manage with reductions in our operations to meet the new biennial budget,” Chief Justice Broderick said. “In order to keep the system functioning and avoid even further reductions, we felt we had to ask court users to shoulder some of the economic strain on our state during this very difficult time, " the Chief Justice said. "We view our decision as a necessary step we had to take to assist the state in meeting its budget.These are unprecedented economic times,” he added.

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I had a conversation today in which the person stated that most Guardian ad Litem's are volunteers, and that it is very unusual to have a GAL who is paid for his services. I thought this topic was worth a blog post to clear up this misconception that seems to derive from the common mix up between a CASA and a GAL.

As discussed previously on this blog, a GAL is a professional appointed by the court to perform an independent investigation and to make recommendations to the court regarding the best interests of a child. A GAL may be appointed in all types of family law cases, from divorces to guardianships, and is paid for her services. GALs are not volunteers, although most GALs work for drastically reduced rates and work far more hours on a case than are billed.

On the other hand, a Court Appointed Special Advocate or CASA is a trained volunteer who serves as an advocate for children in abuse or neglect cases. An abuse or neglect case is a type of case brought to the court by the Division of Children, Youth and Families under the Child Protection Act to protect the health, safety and welfare of a child. Although a CASA's role is very similar to that of a GAL, a CASA only works on abuse or neglect cases or derivative termination of parental rights.

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When parties disagree about the parenting rights and responsibilities of each parent, often the court appoints a Guardian Ad Litem. This adds an additional time and cost to a divorce or parenting case. As with attorney fees, the cost of GAL can vary depending on the rate that he charges and the time demanded by the complexity of the case. 

A GAL can be paid through "private pay" or through the "court fund."  When a GAL is paid through a"private pay" case, the court's order of appointment apportions the payment of the GAL's retainer. The cost is not always split 50/50, and the division of the fees is reviewable at a final hearing. In New Hampshire, the retainer usually ranges between $1,000 and $1,500. Additionally, the hourly rate varies from $60 to $100 per hour.

When one or both parties cannot afford to pay for the GAL, the court may order the payment of services from the Guardian ad Litem court fund. When a party qualifies to use the court fund, the GAL is paid for her fees through the court's fund. However, a party is required to contact the New Hampshire Office of Cost Containment to determine their ability to repay the fund for their share of the GAL services in their case.

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Divorce is a time of great financial stress on a family. Throughout the process, the family often maintains separate households, has debts that need to be paid, and then also need to pay an attorney. Before you hire an attorney, you should have a clear understanding of the fees that you will be charged, as well as what expenses you will be responsible for. It is always best to sign a fee agreement, which will outline the fees, expenses and retainers.

Family law attorneys and their staff generally charge by the hour in increments such as every six minutes. You will be billed for any time spent on your case, including meetings, emails, drafting pleadings and correspondence, telephone calls, hearing preparation, travel and waiting time at court. Hourly rates vary widely, depending mostly on experience. Family law attorneys cannot charge contingent fees where they are paid by a percentage of an amount recovered (for example a portion of a child support arrearage).

A client will often be asked to provide a retainer, which is a sum of money paid up front to secure payment of any fees that are incurred. A retainer will range from very small ($500) to very large ($10,000) depending on the attorney that you hire and the level of complexity of your case. Although most retainers or the unused portion of the retainer are refundable, sometimes the retainer is not refundable.

Finally, attorneys will charge for a variety of expenses, including filing fees, sheriff fees, long distance phone calls, fax fees, copies, postage and mileage. Generally, if the fee relates to your case, whether it be a $21.00 fee from the sheriff for serving papers or a $500.00 fee from a stenographer for a deposition, you will be charged for the expense.

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