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

Blog posts have been sparse lately, and here's why: Administrative Order Number 2011-03. I've posted several times about the impending demise of the GAL fund, and it is finally coming to fruition. Judge Kelly's administrative order, issued on April 19, 2011, requires GALs in  all GAL fund  marital cases (this excludes abuse/neglect, TPR, guardianship and CHINs) to complete investigations, file final reports, final billing and withdrawals by June 1, 2011.

And let me tell you, that is a ridiculous amount of work to complete in just over a month. It feels like finals week in college or law school, only worse. Instead of finishing up five term papers, I have thirteen reports. It is extremely frustrating to be thrust involuntarily into such a situation because the court system cannot be properly funded by the legislature. 

In the end though, it is the children of indigent New Hampshire Families who will suffer the consequences. They will no longer have a voice in the courtroom, and judges will have to sift through pro se he said she said in trying to determine a child's best interest. And that's a shame for New Hampshire.

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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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