Legal Question in Family Law in New Hampshire

Sharing Bills and How do I claim Debt

I am living with girlfriend who shares all the blls with me. I make 50% more than she does and I help support her children. We are trying to collect school money from her EX and we have to fill out a court paper on Income and debt. I assume she will use her Income only???? and claim only half the debt or maybe less(25%)??? Or does she have to include my income with hers and claim all the debt.


Asked on 9/25/00, 6:59 pm

1 Answer from Attorneys

Kerry Barnsley Law Offices of Kerry Duncan Barnsley

Re: Sharing Bills and How do I claim Debt

The requirement to fill out the financial affidavit is a bit of a formality for her if your girlfriend is only seeking past due child support. If new calculations are being made for current child support or if income will be used to calculate contributions during post-secondary education then it is possible that her income will be used in some calculations.

In either case, your girlfriend should list her income and the debts she actually pays. If you two combine paychecks and pay everything out of a joint account, then I would advise you to come up with a percentage of income for her and then apply it to the monthly expenses. An asterisk with a note that states the arrangement would be appropriate. Since your girlfriend is trying to collect money - her income is just not that significant unless she is very wealthy (and then the Court might not be as aggressive in a collection order). The worst thing she could do is to appear deceiptful to the Court. You might prepare two affidavits, one with just her info. and one with both incomes and all expenses. File her solo first, but at the hearing if the issue comes up, be prepared to offer the second one. If you two have any children together that you are supporting the Court will be more likely to want to see the second one. My two cents... =:)

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Answered on 10/23/00, 10:41 pm


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