FAQ

A parenting plan is a document, separate from a final stipulation or final decree of divorce, that addresses all issues regarding the children. Among other things, a parenting plan addresses the following issues: decision-making responsibility for the children and access to information regarding the children (e.g., medical or educational records), the routine schedule for the children while with each parent, parenting time during holidays and birthdays, parenting time during school vacations and summer vacation, supervised parenting time (if applicable), transportation responsibilities, relocation of the residence of the children, procedures for reviewing and modifying the parenting plan, and future dispute resolution.

In determining parental rights and responsibilities, the court is guided by the best interests of the child. In determining the best interest of the children, the court will consider a variety of factors including the relationship of the child with each parent, the ability of each parent to assure that the child receives adequate care, the child’s developmental needs, the support of each parent for the child’s relationship with the other parent, the ability of the parents to communicate and cooperate with each other concerning the children, and any other factor(s) which the court considers relevant. While the court is charged with the responsibility of supporting frequent and continuing contact between each parent and the children, where such is possible and appropriate, the court is not required, in the first instance, to award the parties joint or equal parenting rights and responsibilities.

Under New Hampshire law, there is no automatic age upon which a minor child can unilaterally decide where they want to live. However, if the court concludes that the minor child is of sufficient maturity to make a sound judgment, the court will give “substantial weight” to the child’s stated preference. In other words, if deemed a “mature minor,” the child’s preference becomes one of any number of factors the court will consider in issuing a parenting plan. Under these circumstances, the court will also consider whether other factors have influenced the minor child’s preference—i.e., whether a parent has pressured a child to state a particular preference or whether a parent has made promises to a child to encourage the child to state a particular preference.

If you and the other parent are unable to agree upon the terms of a parenting plan, the court may appoint a guardian ad litem (GAL) to represent the best interest of the children. Based on the court’s understanding of the nature of the parenting issues in dispute, the GAL will be charged with the responsibility of investigating those issues identified by the court. A GAL’s investigation will typically include things such as interviews with both parents, meetings with the children, and the collection of information from collateral sources, such as friends and family identified by each parent, as well as from teachers, counselors, coaches, etc. Eventually, if the parties are unable to reach an agreement, the GAL will file a report with recommendations for orders with the court. Although the court will usually give considerable weight to the GAL’s recommendations, the court is not bound by the GAL’s recommendations. In other words, after hearing all the evidence during a final trial, the court can enter orders different from the GAL’s recommendations. When a GAL is appointed, the documents you receive from the court will discuss the $1,000.00 cap on the cost of the GAL’s investigation. If your case involves a number of contested parenting issues, assume that the cost of the GAL’s investigation will exceed that amount.

These are very difficult cases, and the outcome will depend on the facts of each case. If the other parent disputes the proposed relocation of the children, the relocating parent must show that the proposed relocation is for a “legitimate purpose.” A “legitimate purpose” is one that cannot be accomplished if the relocating parent remains in New Hampshire. If the relocating parent demonstrates that a legitimate purpose exists, then the opposing parent must demonstrate why it is not in the children’s best interest to relocate. Some of the factors that the court will consider in determining whether the proposed relocation is in the children’s best interest include the prospective advantages of the move, whether the relocation is motivated by the desire to frustrate the other parent’s parenting rights, whether the relocating parent will comply with new parenting orders, whether there is a realistic opportunity for parenting time which will preserve the other parent’s relationship with the child, the negative impact from continued hostility between the parents, and the effect that the move may have on any extended family relationships. Unfortunately, relocation cases are not good candidates for mediation because one parent must either agree to give up the desire to relocate with the children or the other parent must allow the children to move. Under the circumstances, there is not much middle ground. As a result, these cases are often litigated and can take quite a long time to come to final resolution.

In the first instance, the court will utilize the child support guidelines worksheet to establish child support. Child support is calculated using each party’s monthly gross income after certain limited deductions are applied. Special circumstances can exist which would compel the court to deviate from the application of the child support guidelines. Special circumstances include things such as the child’s ongoing extraordinary medical, dental, or educational expenses; the significantly high or low income of the obligor and obliged; and the expenses incurred by the obligor in exercising his/her parenting time. Joint or shared parenting time does not automatically mean that one parent will not pay child support. However, joint or shared parenting time is a factor which the court may consider in arriving at an appropriate child support order.

Child support may be modified three years after the entry of the last order of support. Otherwise, child support can be modified prior to the expiration of three years after the entry of the last order only if a substantial change in circumstances has occurred. Substantial changes of circumstance would include things such as the loss of a job, a change in parenting rights, etc. Any agreement between parties to modify child support (either upward or downward) should be in writing and filed with the court; otherwise, it may not be enforceable by the court in the event of a future dispute.

No. The courts no longer have authority to order either party to contribute toward a child’s college education.

The payor and payee’s actual combined adjusted monthly gross income (from Line 6, Column 3, of the Child Support Guidelines Worksheet), is used to determine which line of the table (i.e., which 10-dollar range) to use to find the appropriate guideline child support amount. For example, if the amount entered on Line 6, Column 3, of the Child Support Guidelines Worksheet is $2,726.00, the line on the table that is used to determine the guideline amount is the line listing the 10-dollar range $2,720.00 – $2,729.00, as $2,726.00 falls within that range.