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

Managing a family schedule from two households can be quite a chore. Online parenting software may be the answer for some separated or divorced parents to communicate and co-manage their children’s schedules. The services, which are either internet based or downloadable, offer a wide range of options for parents to choose from. The most complex have photo sharing, family journals, time-tracking, expense logs and more. These are generally fee based services. Others are simply online calendars geared towards family planning and scheduling but may not meet the needs of parents who have a difficult time communicating with each other.

 

Our Family Wizard: This particular service is geared towards separated, divorced and living apart parents. All information saved to the site is backed-up and secure. This is a service that would be useful to parents who find that their challenge is communicating with one another.

 

o   Features:

The parent account allows access to:

Private and Shared Family Calendar

Message Board

Notifications and Reminder

Journal

Information Bank

Important Documents

Expense Log

Family Resource Section

E-Coupons

The child account allows each child their own account with access to:

Shared Family Calendar

Message Board

Create and View Journal Entries

Receive Notifications and Reminders

 

o   Price:

      $55.00 for six months (approx. $9.17/month)

      $99.00 for one year (approx. $8.25/month)

                              $179.00 for two years (approx $7.46/month)

 

ParentingTime.net: This is the home of OPTIMAL which is the Online Parenting Time Information Manager and Access Log. OPTIMAL is a one year subscription based service which is geared for custody arrangements. Its central focus is on the “Tracker” module which records and tracks parenting.

 

o   Features:

Custody calendar

Child Support Tracker

Private Message Center

Graphs & Statistics

Print & Export

Tasks & Notes

Time Tracker

Private Journal

‘At a Glance’ Homepage

Contacts & Address Book

Personal Preferences

Guest User Features

 

o   Price:

$149.95 for a 1-year unlimited access subscription billed yearly

 

JointParents.com: This service is marketed as having been developed by co-parents and is said to be easy to use and readily accessible. There is a Free 30 day Trial Period for interested users.

 

o   Features:

Custody Calendar (Reminders, recurring events, email approvals for custody changes; color coded parenting days)

Daily Routine (Household rules and routines)

Contact Manager (Allow others to access)

Diary (History of occurrences between co-parents and children)

Message Board

Medical Manager

Multiple Families (Manage children with one or multiple families)

Overnight Reporting (Displays # of overnights with child)

Photos

Expense Tracking (Enter and track expenses, view total owed, show paid/not paid, email notification)

o   Price:

30 day free trial available

$9.95/monthly payments

$99.50/annually (2 months free)

 

FamilyCrossings.com: This online service is not solely directed towards separated, divorced and living apart parents, but rather a service that provides each family with its own website. You can visualize family data with maps, time lines and tag clouds. Family Crossings offers both a free and subscription service.

 

o   Features:

Free: This version offers less storage space and has sponsor   advertisements visible. Families can access a number of features that could be helpful in family organizing and information sharing.

News

Photos

Calendar

Address Book

Live IM style chat

Gift Center

Storage – 150MB

Premium: Families have more storage space and no advertisements. There are also six more features than the free version. You can also add storage space if need be.

News

Photos

Calendar

Address Book

Live IM style chat

Gift Center

Family history

Family Database

Wish List

Family Polls

Special Offers

Games

Storage – 250MB

o   Prices:

The premium version is $9.95/month

 

CustodyToolbox.com: This is a downloadable Windows program that is designed for custody situations.

 

o   Features:

Calendar

Child Information

Journal

Parenting-time Report

To-Do List

Address Book

 

o   Price:

15 day free trial available

$49.95 to purchase the software

 

Cozi.com: This is a free online service that helps manage a family’s schedule. This is not geared specifically towards divorced, separated or living apart parents.

 

o   Features:

§  Family Calendar

§  Customizable Lists

§  Reminders & Messages

§  Mobile access

§  Journal

§  Photo collage

§  Outlook sync

 

o   Price:

§  Free

 

Crusco Law Office Law Clerk Marisa L. Ulloa contributed to this post.

 

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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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As discussed in a previous blog post, in New Hampshire every parent is required to take the Child Impact Seminar within 45 days of the date that the Respondent (formerly known as Defendant) is served with the divorce or parenting petition. I have received a few e-mails recently asking where to sign up, so I thought I would post the telephone numbers and websites for each local provider here. There is also additional information about the Child Impact Seminar available on the Family Division website.

BELKNAP COUNTY          Laconia 524-1100 Genesis Behavioral Health

CARROLL COUNTY          Conway 447-2111 Carroll County Mental Health Services

Wolfeboro 447-2111 Carroll County Mental Health Services

CHESHIRE COUNTY         Keene 355-3071 Cheshire Mediation

COOS COUNTY                Groveton 636-2555 Northern Human Services

GRAFTON COUNTY          Lebanon 448-0126 West Central Behavioral Health

Littleton 444-5358 Northern Human Services

Plymouth 536-1118 Genesis Behavioral Health

HILLSBOROUGH COUNTY Manchester 628-7787 The Mental Health Center

Nashua 598-7155 x 3900 Community Council of Nashua

MERRIMACK COUNTY      Concord 226-7505- x 3262 Riverbend Parent Child Center

ROCKINGHAM COUNTY    Exeter 431-6703 Seacoast Mental Health Center

Portsmouth 431-6703 Seacoast Mental Health Center

Salem 434-1577 CLM Behavioral Health

STRAFFORD COUNTY      Dover 749-3244 x732 Community Partners

SULLIVAN COUNTY          Claremont 448-0126 West Central Behavioral Health

Newport 448-0126 West Central Behavioral Health

 

 

 

 

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After going through the divorce process, for many couples the last thing that they want to do is have regular contact with their ex-spouse. However, for divorcing couples with children, it is extremely important to maintain communication to effectively co-parent your children. Successfully co-parenting means that both parents will maintain an active, stable role in their children's day to day lives and that the children will be happy and healthier for it.

One technique that parents may try is scheduling a weekly parenting phone call. Instead of several phone calls a week that occur at inconvenient times and break down into arguments, focus communication into one business-like phone call per week. Unless there is an emergency, wait to discuss all issues at the parenting call. The parent with the children should make the phone call to insure that the children are out of ear shot, such as after bedtime.

Plan an agenda for the call, including the following topics:

• Discuss the upcoming parenting schedule
• Discuss the children's extracurricular activities and school schedules
• Discuss academic issues such as homework and report cards
• Discuss any behavioral issues
• Discuss any general concerns

 

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On August 21, 2008, the New Hampshire Supreme Court released an opinion on In the Matter of Mary Beth Georgakilas and George Georgakilas holding that an approximately equal parenting schedule still entitles one parent to a “primary physical custody” designation.  

The facts of the case are as follows: the parties divorced in 2006 and entered into a permanent stipulation and a parenting plan regarding their son. The parties share joint decision making responsibility (formerly referred to as joint legal custody). The parties also agreed that their parenting time was for approximately equal time and George would have liberal and generous parenting time whenever he was not flying as a commercial airline pilot. In addition, the plan stipulated that for school purposes only, the child’s legal residence was his mother’s home.

 

When the divorce was finalized, the certificate of divorce entered by the court stated that Mary Beth and George had joint legal custody but that Mary Beth had physical custody. George moved to modify the certificate to reflect that the parties had joint physical custody. The trial court denied George’s motion because they interpreted the parenting plan to grant primary residential responsibility to Mary Beth. That because the plan did not state that they shared or had joint residential responsibility, the certificate of divorce correctly complied with the parenting plan and would not be revised. George appealed the ruling to the New Hampshire Supreme Court.

 

The Supreme Court considered the intent of the parties as expressed in their stipulation when deciding this case. Under the plain meaning of the stipulation the parties were to have “equal or approximately equal” residential responsibility of their son. However, the court stated that as a matter of law “approximately equal” is not enough to confer custodial parent status as defined by the statute.

 

RSA 461-A:20 states that: a “custodial parent” is “a parent with 50% or more of the residential responsibility” and a “non-custodial parent” is “a parent with less than 50% of the residential responsibility”. The court determined that a parent with 49% of the residential responsibility is a non-custodial parent by definition.

 

Therefore, because Mary Beth and George chose to use “approximately equal” to describe their responsibilities and George’s absences from New Hampshire due to his job, the court concluded that the trial court did not err when it declined to change certificate of divorce. Unless the parties had agreed to have 50% of the residential responsibility pursuant to 461-A:20, only one of them could be the primary residentially responsible parent.

 

This case boils down to the labels we place upon parenting schedules, whether they be “custody”, “residential responsibility” or “routine schedules.” Often, for a parent the label is very important and that parent wants “sole physical custody” or “joint residential responsibility.” However, what really matters is the schedule itself. Instead of questioning what kind of label has been placed upon the schedule, a parent should focus on whether the schedule allows them ample parenting time and whether the schedule is the most beneficial for their children.

 

Crusco Law Office law clerk Marisa L. Ulloa contributed to this blog post.

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I read an interesting blog post today from Attorney Shannon Cavers of the Houston Texas Divorce & Family Law Attorney Blog. The blog reviews the buyer beware issues of do-it-yourself divorce kits. Attorney Cavers warns: "If you received a medical diagnosis requiring surgical intervention, you would not opt to operate on yourself. The same holds true in law."

Just this morning in the 311^th District Court of Harris County, I personally witnessed a pro se litigant present a final decree of divorce. The source of the litigant’s forms were RapidLaw, an internet site offering divorce, adoption, and bankruptcy services across the U.S. 

The family law judges and court staff in Harris County bend over backwards to assist pro se litigants. However, they may not give legal advice to pro se parties. The forms were not prepared to properly dispense with the parties’ 401-K and retirement benefits. Apparently, the documents were insufficient enough to spur the judge urge the litigant to reconsider presentation of the decree as-is. The Judge asked the pro se party where she received the forms. Her response was Rapid Law. The Judge next asked the party if she paid for the forms, and she answered yes. Finally, the Judge directed the bailiff to photocopy the instructions from RapidLaw – presumably to present the information to the State Bar of Texas.

Whether you are downloading forms from one of the myriad of websites offering divorce documents or buying a kit from Barnes & Noble, the consumer should beware that a generic form usually cannot adequately address your unique situation within the confines of your state's specific rules and laws.

If you cannot afford an attorney, consider the following alternatives: 1) Hire an attorney for unbundled services to review or prepare documents for your case; 2) Utilize the New Hampshire Judicial Branch's self-help center for forms and information; or, 3) Call the New Hampshire Bar Association's law line held on the second Wednesday of each month from 6:00 p.m. to 8:00 p.m. at 800-868-1212.

 

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The New Hampshire Supreme Court released the opinion for In the Matter of J.B. and J.G. on August 6, 2008 holding that a man, who is not the biological father of a child, has standing to seek parental rights and responsibilities under the New Hampshire statute.

The facts of the case are as follows: The respondent, J.G., gave birth to a child, A.B., in 2001. The petitioner, J.B., was listed as the father on the birth certificate. In addition both parties executed an Affidavit of Paternity at the time of the child’s birth which stated that J.B. was the father. While the parties had never married and did not live together, J.B. had consistently maintained contact with the A.B. and in 2004 J.G. sought and obtained an order of child support against J.B.

After a disagreement about the A.B.’s schooling, J.B. filed a parenting petition in the family division to establish his parental rights and responsibilities. In response, J.G. alleged that J.B. was not the A.B.’s father. The trial court ordered a paternity test which showed that J.B. was not A.B.’s biological father.

Based on the test results J.G. moved to dismiss J.B.’s petition because he was not the biological father and therefore did not have rights under RSA 461-A and that granting him parental rights would violate her constitutional right as a natural parent. The trial court granted her motion to dismiss and then later reversed which prompted J.G. to file this appeal of that decision.

Therefore, the meat of the opinion is the question of whether J.B. may maintain a parenting petition under the parental rights and responsibilities act, when he is neither a stepparent, biological parent, or grandparent to the child? The court examines 461-A:1, IV which states that parental rights and responsibilities are defined as: “all rights and responsibilities parents have concerning their child”. However, it does not specifically define the term “parent”. The court determined that while the DNA testing proves that J.B. is not the biological father that in itself is not fatal to his request for parental rights under the statute so long as he alleges sufficient facts to establish his status as a parent by other means.

The court holds that J.B. meets the threshold to establish himself as a parent for two reasons.

1)      In order to impose an obligation of child support there needs to be an establishment of paternity. Therefore, when J.G. sought and received a child support order she acknowledged that J.B was A.B.’s parent.

2)      Also, according to RSA 5-C:24 paternity may be established when an affidavit is filed with the clerk of the town where the birth occurred. This has a legal effect of establishing paternity without requiring further action.

Finally, the court holds that there is no unconstitutional intrusion of J.G.’s right to raise and care for A.B. because J.B. is also A.B.’s parent and enjoys rights equal to J.G.’s.

Crusco Law Office law clerk Marisa L. Ulloa contributed to this blog post.

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In 1993 the New Hampshire legislature enacted a law  requiring divorcing couples with minor children or parties in a parenting case to complete a Child Impact Seminar. This seminar, a four hour course, is called “Children First” and addresses the issues of divorce or separation and how they effect the children involved.

As explained on the NH Family Division website, Parents are required to complete the seminar and show the court a certificate of attendance from the program before a divorce decree is issued. The seminar is offered at multiple locations during weekend and evening hours. Parties who do not attend the seminar may be subject to sanctions by the court.

As found on the “Children First” website detailing the course, the seminar discusses several topics, including:

·       Ways to promote self-esteem in your child during this difficult time

·       What you can do to help your children adjust

·       The impact of violence or chronic conflict upon children

·       Behaviors to avoid

·       Helpful communication styles

·       Effective co-parenting skills

·       How to be a role model

·       Alternative dispute resolution

·       Important points to remember

Blog Credit: Marisa Ulloa, Crusco Law Office Law Clerk

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A “First Appearance” occurs in a New Hampshire Family Division court in a divorce involving children or in a parenting petition case. The judge or marital master will talk about the court process, what to expect, and how the parties might settle their issues without litigation. At this time the court may refer individual cases to mediation. Mediation is an alternative process to litigation where a trained neutral third party helps negotiate and resolve disputed issues.

The court will hand out a First Appearance Highlights form that summarizes all of the information given at the First Appearance.

Below are some of the topics covered in a First Appearance:

· Court Process

· Case Management

· Child Impact Program

· Case Manager

· Guardian ad Litem

· Mediation

· Legal Representation

· Parenting Plans

· Child Support

Blog Credit: Marissa L. Ulloa, Crusco Law Office Law Clerk

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Jurisdiction is the authority of a court to hear particular types of legal matters. If the court does not have jurisdiction, then it may not hear the case. In cases involving interstate custody disputes, New Hampshire has adopted the Uniform Child Custody Jurisdiction Act under NH RSA 458-A. The Act is designed to avoid competition and conflict between courts of different states. Also, it ensures that litigation over custody takes place in the jurisdiction where the child and family have the closest connection and where significant evidence is most available.

The provisions of 458-A:3 lay out the circumstances in which New Hampshire will assume jurisdiction over child custody determinations:

1.      New Hampshire is the child’s home state (1) or has been for six consecutive months before the custody proceeding starts and a parent or person acting as parent continues to live in New Hampshire.

2.      It is in the best interest of the child that New Hampshire assume jurisdiction if the child and parents or the child and at least one contestant have significant connection with New Hampshire and within the state there is substantial evidence concerning the child's present or future care, protection, training, and personal relationships.

3.      New Hampshire will assume jurisdiction if the child is physically present in this state and has been abandoned or it is necessary in an emergency to protect the child.

4.      If it appears that no other state would have jurisdiction or another state has declined to exercise jurisdiction on the ground that New Hampshire is more appropriate to determine the custody of the child, and it is in the best interest of the child then New Hampshire will assume jurisdiction.

Therefore, except in emergency/abandonment  situations or when no other state would have jurisdiction, the physical presence of the child, or of the child and one of the contestants, is not alone sufficient for New Hampshire to have jurisdiction. In other words, a parent removing a child from one state and coming to New Hampshire may not be able to immediately seek custody orders from the court.  

Other significant provisions under the Act are:

·    If at the time of filing a petition in New Hampshire there is a proceeding simultaneously pending in another state, New Hampshire will not exercise jurisdiction 458-A:6.

·    New Hampshire courts shall recognize and enforce the decree of a court of another state which had assumed jurisdiction 458-A:13.  

·    If a court in another state has made a custody decree, New Hampshire will not modify it unless: (a) it appears that the state which rendered the decree no longer has jurisdiction or has declined to assume jurisdiction and (b) New Hampshire now has jurisdiction 458-A:14.
 

 

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The court uses a “best interests of the child” standard as set forth in RSA 461-A, and specifically RSA 461-A:6. The statute does more than just identify a grocery list of twelve factors to guide a court’s evaluation of parenting rights and responsibilities. It sets forth an assessment designed to determine the best interests of the child or children involved in such a proceeding.

It also gives courts the ability to: consider what the child wants; take certain steps to protect victims of sexual abuse or assault from a parent; grant reasonable visitation privileges to stepparents and grandparents; and appoint a guardian ad litem (GAL) to represent the child. Additionally, RSA 461-A:6 prevents the court from including the sex of the child or parent or even the parent’s financial means as part of its evaluation.

With that said, the factors are important and cover a spectrum of considerations as follows:

a)      The relationship of the child with each parent and the ability of each parent to provide the child with nurture, love, affection, and guidance.

b)      The ability of each parent to assure that the child receives adequate food, clothing, shelter, medical care, and a safe environment.

c)      The child's developmental needs and the ability of each parent to meet them, both in the present and in the future.

d)     The quality of the child's adjustment to the child's school and community and the potential effect of any change.

e)      The ability and disposition of each parent to foster a positive relationship and frequent and continuing physical, written, and telephonic contact with the other parent, except where contact will result in harm to the child or to a parent.

f)       The support of each parent for the child's contact with the other parent as shown by allowing and promoting such contact.

g)      The support of each parent for the child's relationship with the other parent.

h)      The relationship of the child with any other person who may significantly affect the child.

i)        The ability of the parents to communicate, cooperate with each other, and make joint decisions concerning the children.

j)        Any evidence of abuse, as defined in RSA 173-B:1, I or RSA 169-C:3, II, and the impact of the abuse on the child and on the relationship between the child and the abusing parent.

k)      If a parent is incarcerated, the reason for and the length of the incarceration, and any unique issues that arise as a result of incarceration.

l)        Any other additional factors the court deems relevant.

These factors are a guide for the court, and no single factor is determinative for an award of parenting rights and responsibilities. In the end, it is at the discretion of the court as to how heavily it will weigh each factor and be guided by a guardian ad litem's recommendation.

Blog Credit: Tara Moore, Crusco Law Office Law Clerk

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Clients often ask about including in their parenting plan a provision requiring both parents to contribute to a child’s extracurricular activity expenses and uninsured medical expenses. These issues were brought before the New Hampshire Supreme Court In the Matter of Cheryl Anne Coderre and Paul A. Coderre on September 30, 2002. The father appealed an by the trial court that ordered him to pay for his children’s uninsured medical expenses and extracurricular activity expenses in addition to the child support ordered under the child support guidelines.

First, the Court determined that uninsured medical expenses are extraordinary expenses that are not included in child support guidelines. The Court looked at the statute regulating child support RSA 458-C and determined that the calculations under the guidelines are presumed to be correct but that the court may adjust the guidelines either upward or downward if it deems this deviation is warranted. More specifically looking at RSA 458-C:5, I(a) which states that the trial court “may deviate from the guideline support amount if it finds that a child will incur ongoing extraordinary medical expenses.” Therefore, the Court upheld the trial court’s order for payment of uninsured health insurance.

Additionally, the Court held that “extracurricular activity expenses are part of basic guidelines support” because they fall into the same category of such basic support as food, shelter and recreation. Because there is no language to the contrary in the guidelines the Court concluded that extracurricular activity expenses are included in the parties’ total support obligation. Therefore, the Court reversed the trial court’s decision on this matter.

In sum, a court has discretion to award uninsured medical expenses that are separate from the child support award determined by the guidelines. On the other hand, extracurricular activity expenses are considered to be included in the child support guidelines and may not be awarded separately.

Blog credit: Marisa L. Ulloa, Crusco Law Office Law Clerk

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Summer is finally here with vacation plans, summer camps and trips to the grandparents in the works.  I read a great blog today by Attorney Robert L. Mues of the Ohio Family Law Blog reminding parents who will be away from their children to sign a medical authorization for caregivers. Although doctors may provide treatment in a truly life threatening situation, the medical authorization will insure that your child will receive the medical treatment he or she needs in a timely manner without lots of red tape.

Attorney Mues was kind enough to share his emergency medical authorization with readers.

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On this blog, we review new domestic relations cases that are issued by the New Hampshire Supreme Court such as the recent Lemieux and Gendron and Plaistek opinions. However, there are many older opinions which are worth reviewing periodically. Here, we will review the case In the Matter of Tatjana A. Donovan and Robert F. Donovan which was issued on April 1, 2005.

The major crux of the case deals with a section of the stipulation which required both parties to contribute to their children’s educational expenses through college in an amount proportionate to their respective incomes. Robert asked the trial court to strike this portion of the parties divorce decree in light of the passage of House Bill 299, which provided: "No child support order shall require a parent to contribute to an adult child’s college expenses or other educational expenses beyond the completion of high school." RSA 461-A-14, V. The trial court refused, and Robert appealed the order.

The New Hampshire Supreme Court determined that as general rule statutes apply prospectively rather than retroactively. In other words, orders made prior to February 2, 2004, the day that the new statute became effective, that required a parent to contribute to a child’s college expenses were enforceable. Therefore, although no new orders may require contribution by a parent to a child’s college expenses, orders made prior to February 2, 2004 remain effective.

Blog Credit: Marisa L. Ulloa, Crusco Law Office Law Clerk

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Can a same-sex couple adopt a child together in New Hampshire? The question, although simple, does not have a simple answer. Currently, the laws in New Hampshire leave the question open to interpretation.

As I have blogged about previously, New Hampshire is one of four states that recognizes a civil union. New Hampshire's civil union statute confers "all the rights and [is] subject to all the obligations and responsibilities provided for in state law that apply to parties who are joined together" in marriage.  However, the adoption statute allows for a "husband and wife together" or an "unmarried adult" to adopt. The adoption statue, when strictly interpreted, does not reflect the changes in the law regarding civil unions.

At this point, different judges have different interpretations of the adoption and civil union statutes. Until the legislature addresses the issue and revises the adoption statute to reflect the new civil union law or a case goes up to the supreme court, a same-sex couple may encounter a bump in the road towards adoption. For those proactive about such issues, you can contact your local state representative and bring the issue to their attention.

 

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New Hampshire law categorizes parenting rights and responsibilities into two groups: decision making responsibility and residential responsibility. These are the new terms for what used to be called "legal custody" and "physical custody," and have been called such since October 1, 2005 when the new statue went into effect.

Decision making is defined as the "responsibility to make decisions for the child." Basically, they are the major decisions about how the child will be brought up. The decisions include the choices a parent makes about a child's education, medical care, religion. Parents may be awarded joint decision making responsibility, so that the parents should agree on the care and upbringing of their child. Alternatively, one parent may be awarded sole decision making responsibility.

Residential responsibility means "a parent's responsibility to provide a home for the child." The parenting schedule will determine what type of responsibility each parent has, whether sole, primary or shared responsibility. The day to day decision making, including the ability to make emergency medical care decisions, rest with the parent the child is with at that time.

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The New Hampshire Supreme Court released an opinion today In the Matter of Kevin Gendron and Jody Plaistek that held that a voluntary acknowledgement of paternity executed in Massachusetts must be given full faith and credit and that the trial court erred in ordering genetic marker testing. The voluntary acknowledgement of paternity signed by both parents had all ready established the father as the legal father to the child, and therefore there was no need for further proof of paternity to establish parenting rights and responsibilities.

The court noted that it had made similar rulings in Watts v. Watts, which held that a father was precluded from seeking blood tests to disprove his paternity fifteen years after the children's births. In Watts, the court found that to allow the father to escape liability for support by blood tests would ignore his lengthy, voluntary acknowledgement of paternity. Here, the court noted that although the mother was seeking to disprove paternity, the result should not be any different than that in Watts.

Today's opinion should serve as a warning to anyone who voluntarily signs an acknowledgement of paternity. If there are any doubts or questions regarding paternity, seek legal counsel prior to signing the acknowledgment  because it may preclude the ability to reopen the issue of paternity in the future.

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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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Besides baseball and daffodils, spring is also the time for college financial aid applications. A recent post from Jennifer Weisberg Millner on the NJ Family Legal Blog regarding the responsibility of parents for their children's college expenses highlighted how different laws are from state to state. Although parents in New Jersey may be ordered to pay for their children's college tuition and expenses, in New Hampshire, no court order shall require a parent to pay for educational expenses beyond high school. However, under the NH Supreme Court's decision in Donovan, a court may enforce orders made prior to February 2, 2004 (the date that the law went into effect) that required a parent to to pay for college.

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