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FAQs
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If I leave the house can my spouse claim abandonment?
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If you have decided to leave the home because of volatility or tension
in the home, or some other reason that negatively affects how you and
your spouse co-parent, co-exist and/or communicate, abandonment is an
unlikely finding under RSA 458:7. To prove any fault ground, one must
prove that the fault ground occurred during marriage and it caused the
irretrievable breakdown of the marriage. Under RSA 458:7 VI When either
party has been absent 2 years together, and has not been heard of, or
RSA:7 IX When either party, without sufficient cause, and without the
consent of the other, has abandoned and refused, for 2 years together,
to cohabit with the other are fault grounds associated with abandonment
in a divorce process. |
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| 2. |
Do I have to pay, or will I receive child support if I have shared custody of my children? |
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To be clear, an equal or approximately equal parenting schedule does not
necessarily eliminate an award of child support per RSA 458-C:5(h)(1).
In a shared parenting schedule, the Courts analyze various factors in
considering a request for an adjustment to the application of guideline
child support.
Under RSA 458-C:5 (h)(2)(A)(B) and (C)
(A)Whether, in cases of equal or approximately equal
residential responsibility, the parties have agreed to the specific
apportionment of variable expenses for the children, including but not
limited to education, school supplies, day care, after school, vacation
and summer care, extracurricular activities, clothing, health insurance
costs and uninsured health costs, and other child-related expenses.
(B)Whether the obligor parent has established that the
equal or approximately equal residential responsibility will result in a
reduction of any of the fixed costs of child rearing incurred by the
obligee parent.
(C) Whether the income of the lower earning parent enables
that parent to meet the costs of child rearing in a similar or
approximately equal style to that of the other parent.
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| 3. |
Who gets to stay in the house and who has to pay for it? |
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Customarily if one parent has already vacated the marital home, the
party remaining especially if there are children in the home, most
likely would be awarded temporary exclusive use and possession of the
home, absent a unique set of circumstances. The Courts do not like to
make such decisions any more than separating parties do, so in the event
the parties have already begun to take steps to separate, such
decisions may be officially implemented by the Court on a temporary
basis. Paying for the mortgage, taxes, insurance, maintenance and
repairs on the home will be assessed by the Court on a case by case
basis in light of any child support and/or alimony awards and which
party has the benefit of staying in the home.
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| 4. |
Will I be held responsible for my spouse’s debts? |
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Since it is difficult for the Court to determine on a temporary basis,
which party shall be responsible for which credit cards, loans, lines of
credit etc., the Court may establish a Temporary Order requiring both
parties to contribute to the “household” debts absent clear evidence
that such an Order is unreasonable or unjust. Each parties’ respective
income and expenses also play a part in how the Court will assess a fair
allocation of payment of debts/expenses while the case is pending.
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| 5. |
Does NH have alimony and how does it work? |
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Alimony, or spousal support is available in New Hampshire under RSA
458:19. Unlike child support, where there is a formula by which the
obligation is determined, alimony is determined based upon a legal
argument, that is to say, one party has a need and the other party has
the ability to pay. More specifically, the party in need has to show
that he/she lacks sufficient income, property or both to provide for
his/her reasonable needs taking into consideration the standard of
living during the marriage. The party seeking alimony also has to show
that the party that has the ability to pay would be able to meet his/her
own reasonable needs, i.e. living expenses and provide for his/her
spouse’s reasonable needs as well taking into consideration the standard
of living during the marriage. See also on this website Legal Services:
Alimony.
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