GAL Investigation: What to Expect

The court has appointed a Guardian ad Litem, now what? While each GAL has their individual approach to an investigation, in general, this You Tube video reviews what you can expect during the investigation. 

 

 

 

Parents May Agree on Enforceable Orders for Payment of College Expenses


Since 2004, the New Hampshire family courts lacked authority to order a parent to pay for college expenses, with the exception of enforcing orders and agreements made prior to 2004. As it was written then, RSA 461-A:14 (V) provided that “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.” The New Hampshire Supreme Court later held in Goulart that the family court did not have subject matter jurisdiction to approve an agreement between to parents for the payment of college expenses.

 

Recent changes in the law now allow the family court to approve an agreement that provides for the payment of educational expenses beyond high school by one or both parents. Beginning on October 1, 2013, RSA 461-A:21 provides the family court with jurisdiction to approve and enforce new agreements for payment of college and educational expenses. Specifically:  

Parents may agree to contribute to their child's college expenses or other educational expenses beyond the completion of high school as part of a stipulated decree, signed by both parents and approved by the court. The agreed-on contribution may be made by one or both parents. The agreement may provide for contributions to an account to save for college, for the use of an asset, or for payment of educational expenses as incurred. Any such agreement shall specify the amount of the contribution, a percentage, or a formula to determine the amount of the contribution.

The new divorce decree court form provides sample language for an agreement in paragraph 4. However, the parenting decree court form has not been updated yet to include similar language, so parties will have to adapt their own if they want to include arrangements for college expenses. Parties must agree on whether the agreement is or is not modifiable based upon a substantial change in circumstances. The court form also requires parties to attend mediation before the court will hear a petition to modify or enforce an agreement on college expenses.  

This change is great news for New Hampshire parents. It allows parents to negotiate agreements based on their mutual shared interest in higher education for their children. Furthermore, parents can rely on their agreement and enforce when necessary. At the same time, parents who cannot agree are on equal footing with married parents and cannot be forced to pay for college for their children. 

Termination of Parental Rights or Surrender of Parental Rights: What's the Difference?

I have received many questions about the similarities and differences between a surrender of parental rights and a termination of parental rights. While the end result is often the same when the parental rights and responsibilities of a parent are permanently severed, there many differences to be aware of. 

Similarities

• Both are proceedings that can end in the permanent severing of all parental rights and responsibilities of a parent.

• Parents who are surrendering or may have their parental rights terminated are entitled to an attorney, and if they cannot afford one the court will appoint an attorney to represent them.

• Both proceedings are confidential.

Differences

• In a surrender of parental rights, all the parties agree to terminate the rights of a parent; a termination of parental rights can be either contested or uncontested. A TPR petition does not always result in a termination of one or both parents parental rights. 

• A parent in a surrender is entitled to counseling at the expense of the petitioning party about the parent’s decision to place the child up for adoption.

• The court is required to appoint a guardian ad litem to represent the best interests of the child in a termination proceeding; a surrender petition does not require the appointment of a guardian ad litem.

• A surrender of parental rights requires that there be a pending adoption, where a termination of parental rights does not. An adoption does not always follow a termination of parental rights case.  

• A termination proceeding requires that the court make a finding, beyond a reasonable doubt, that grounds exist to terminate the parental rights of a parent and that it is in the best interests of the child. A surrender does not require such findings, only the agreement of the parties that the surrender take place.

• TPR cases are heard in the Circuit Court- Family Division, and surrender cases are either in the Circuit Court – Family Division or the Circuit Court – Probate Division depending on the specific facts of the case.

Tips for Completing your New Hampshire Family Division Financial Affidavit

This blog has been a great way to reach out to people who need information about divorce, parenting and family law, and it has been a great experience hearing feedback from colleagues and watching the number of readers grow throughout the years. I hadn't considered branching out into You Tube until I read a blog post on Kevin O'Keefe's Real Lawyers Have Blogs called Are Law Firms Underutilizing You Tube? The idea of a audio/visual piece to this blog appealed to me. Much like I like to hear the audio tour in an art museum instead of reading all the tags next to a painting because it is easier to absorb the information, I think that a video can help convey information in a good way.  

So without further ado, the following is my first You Tube video on the topic of completing your financial affidavit.

Click here for the Financial Affidavit form for theNew Hampshire Circuit Court, Family Division.

Thank you to Jeremy Collins at Ellipsis Entertainment for being easy to work with and producing a great product.

College expenses

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.