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New Hampshire Family Law Questions & Answers
1 Answer | Asked in Child Support and Family Law for New Hampshire on
Q: If support payer decides on a career change which reduces his income, by, say, $10k, can the support order be amended?

I've read that a support order can only be changed within the first 3 years if there is a substantial change in circumstances. Would this qualify as a substantial change? And does the support payers decision to take a pay cut play into the decision?

Amy C. Connolly
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Amy C. Connolly
answered on Apr 17, 2018

It would depend on how much the person made annually. If the individual earned $150,000 a year, a $10,000 decrease may not be substantial. However, if the person makes $40,000 a year, a $10,000 decrees could be considered grounds to seek a support modification. Good luck.

1 Answer | Asked in Divorce and Family Law for New Hampshire on
Q: Can I allow part of a mediation agreement without it being filed?

My husband requested a special visit with his daughter as part of our mediation agreement. Typically, we are allowed to schedule our own visits so it wasn't necessary, but he and his attorney did. The mediation agreement has not been filed (due to my seeking legal counsel and his counsel... View More

Joseph Caulfield
Joseph Caulfield
answered on Apr 4, 2018

Of course.

1 Answer | Asked in Family Law for New Hampshire on
Q: Can child protective services interview minors without consent?
Michael Reed
Michael Reed
answered on Dec 19, 2017

Yes. DCYF can interview a minor without the parents consent in any public place. Where did the interview take place?

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: My friend let her son go see his grandparents

My friend let her son go see his grandparents in North Dakota and now they are saying they won’t let him come home what can she do

Joseph Kelly Levasseur
Joseph Kelly Levasseur
answered on Dec 8, 2017

She can call the police in North Dakota in the town the grandparents live in and try to file criminal charges for kidnapping. She should also file criminal charges in NH with her local police department so they can help her get her children back.

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: Check the more information section

Hello I have an 8 year old daughter who's mother has just came back into picture she was granted Sunday and Monday night custody. My mother has overall guardianship. My daughter has dance lesson which I pay for out of pocket and has been in dance longer then her mother has been back but now... View More

Joseph D Garrison
Joseph D Garrison
answered on Oct 15, 2017

If she is not complying with the Court Order then one option is to file a motion for contempt. She will be responsible for your costs if you are successful. The guardian cannot stop visitation - you will need to ask the Court to modify the Order so your daughter gets to dance class.

2 Answers | Asked in Child Custody, Divorce and Family Law for New Hampshire on
Q: Can I immediately file for an annulment OR divorce in New Hampshire by moving there and/OR establishing residency there?

Also if you have dual residency how would that affect UCCJEA?? My "spouse" claims he'll agree to a jurisdiction waiver.... We've been seperated well over 2 years. I want this done and over with ASAP!!

Thank you tremendously for any information or feedback! It's greatly appreciated!!

Israel Piedra
Israel Piedra
answered on Aug 8, 2017

One of the following must apply to file for divorce in New Hampshire: 1) both parties live in New Hampshire, 2) the petitioner (the spouse starting the divorce action) has lived in New Hampshire for one year, or 3) the petitioner lives in New Hampshire and their spouse can be served with divorce... View More

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1 Answer | Asked in Family Law for New Hampshire on
Q: My ex and i have a parentung plan with him to have her every other week during the summer. My wedding falls on a week he

Has her and i was yold she cant be at my wedding wjat do i do

William N. Sosis
William N. Sosis
answered on Jun 19, 2017

Violating the parenting plan, especially for a non-exigent matter, is never a good idea. Unless your wedding is right around the corner you can try consulting an attorney.

1 Answer | Asked in Family Law and Estate Planning for New Hampshire on
Q: A self approved will written in the year 2012 New Hampshire does it need to be notarized to be legal or just signed by 2

2 or more persons

Theresa Spearing
Theresa Spearing
answered on May 31, 2017

Yes, in order for a Self-Proved Will to be valid in New Hampshire it must be notarized.

RSA 551:2-a Self-Proved Wills outlines the requirements:

I. To qualify as self-proved, the signatures of the testator and witnesses shall be followed by a sworn acknowledgment made before a...
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1 Answer | Asked in Family Law for New Hampshire on
Q: A Temporary Divorce Decree was Issued, Can I cancel Joint Credit Cards?

I was issued a Temporary Divorce Decree which makes my soon-to-be ex-spouse and I responsible for our own finance and credit cards. However, the ex-spouse is spending on Joint Credit Cards, can they be canceled?

Theresa Spearing
Theresa Spearing
answered on Apr 5, 2017

Credit card companies are not bound by the terms of your temporary order assigning debt to your soon-to-be-ex-spouse. Since you are ordered responsible for your own finance and credit cards you should obtain a detailed record of what your soon-to-be-ex-spouse is charging and file a motion with the... View More

1 Answer | Asked in Child Custody and Family Law for New Hampshire on
Q: Can I get pro bono help with a case I have in family court reguarding my ex molesting our 9 year old?
Joseph D Garrison
Joseph D Garrison
answered on Apr 1, 2017

Yes, contact the NH Bar Association pro bono program.

1 Answer | Asked in Family Law and Child Custody for New Hampshire on
Q: My daughter's father hasn't been in her life for awhile hasn't paid court ordered child support in a year. What can I do

He doesn't make effort to see her. I want full custody and him off the birth certificate. I tried giving him the chance of surrendering his rights. He told me to take him off her birth certificate but won't work with me in the steps.

Joseph D Garrison
Joseph D Garrison
answered on Apr 1, 2017

You can file a motion to enforce court order. You may also want to consider contacting the child support division at the DHHS to see if they can help.

1 Answer | Asked in Criminal Law, Family Law, Child Custody and Juvenile Law for New Hampshire on
Q: if im sixteen and pregant and im on probation and i runaway what will happen?

im pregnant and on pobation and im planning on running away because i might get sent away for violating probation

Paul Stanko
Paul Stanko
answered on Sep 22, 2016

Running away will make it worse. Stay put and get an attorney. If you are indigent, the court can appoint an attorney. What kind of life do you expect to live as a young, pregnant runaway?

1 Answer | Asked in Family Law for New Hampshire on
Q: I am a grandmother who has been denied any kind of contact with my grandchildren for the past 10 yrs.

Can I file a civil rights lawsuite against my ex son-in-law and his now (wife) They have caused me much pain and suffering over the past 10 yrs by not allowing any form of contact with my grandchildren. One grandson is over the age of 18 and the other grandchild (female) will be 18 in Sept.The... View More

Israel Piedra
Israel Piedra
answered on Aug 3, 2016

You should consult with a Connecticut attorney or post on the Connecticut board. In New Hampshire, grandparents can petition the court for visitation rights: http://www.gencourt.state.nh.us/rsa/html/xliii/461-a/461-a-13.htm

1 Answer | Asked in Divorce and Family Law for New Hampshire on
Q: I'm seeking to divorce my spouse. About 2 years ago we purchased a home. Loan is in my name but they're on the deed too.

I don't want the house--I want to be free and clear of it. What are my options? Can an attorney help me with this and my divorce? My spouse can be quite adversarial so would want to work through an attorney if possible.

Israel Piedra
Israel Piedra
answered on Apr 15, 2016

"Advertising"

If your spouse is adversarial, make sure you seek a family law attorney. If you're in the Nashua area, please email me for more information.

http://lawyersnh.com/practice-areas/family-law/divorce/

Advertising

1 Answer | Asked in Family Law for New Hampshire on
Q: Can my husbands ex girlfriend stop his court ordered visit because their 5 year old daughter says she doesn't want to go
Israel Piedra
Israel Piedra
answered on Apr 14, 2016

Most likely not. To modify visitation someone would probably need a new court order.

1 Answer | Asked in Family Law for New Hampshire on
Q: Can a person with dementia legally change their power of attorney?
Joseph Caulfield
Joseph Caulfield
answered on Sep 17, 2013

Dementia is an up and down things as it progresses.

It depends on the person's faculties at the time of the change.

1 Answer | Asked in Family Law for New Hampshire on
Q: I live in New Hampshire what rights do i have as a father? We havent been to court for custody just child support.
Joseph Caulfield
Joseph Caulfield
answered on Sep 17, 2013

You have the exact same rights and responsibilities as the mom has.

1 Answer | Asked in Family Law for New Hampshire on
Q: I have full custody of my son in New Hampshire can I give my ex full custody

I want to give my ex full custody of our son.

Joseph Caulfield
Joseph Caulfield
answered on Sep 17, 2013

Assuming that's in your son's best interests, of course!

You should be able to do it by filing a new parenting plan for the court's approval.

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