Legal Question in Family Law in New Hampshire

Support and living arrangements

My ex moved a woman into his one bedroom apartment after 2 months. My son stays on the weekends. His father is making him sleep on the couch. Do I have any legal options ? Also how do I file to increase child support ?


Asked on 7/09/07, 9:11 am

2 Answers from Attorneys

Bruce L. Dorner Dorner Law Office

Re: Support and living arrangements

The answer to this question depends upon the terms of your divorce decree in the first instance. I would need to review that document. Next, the court is always concerned about the welfare of minor children. From the limited facts you report I don't know if the child is exposed to harm or not. As to child support, there are rules as to what gives rise to a change in the suport obligation. The actual amount is based upon a formula. To vary from the formula requires meeting one of several statutory exceptions. Without a detailed examination of your situation it is not possible to determine if you qualify for an adjustment in child support.

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Answered on 7/09/07, 9:32 am

Re: Support and living arrangements

An increase in child support is based on a material change in financial circumstances and is highly fact specific. However, if the divorce is only 2 months old, it is unlikely that there has been a significant change and you would need to review this with someone familiar with the guidelines and formulas.

As for your son sleeping on the couch, the courts will consider whetehr this places him in danger or is injurious to his health, and otherwise weigh this against whatever pragmatic solutions are available. Courts are unlikely to take away visitation just because a parent does not have alot of money or a large home; the standard will be whether the living situation presents a danger to the childs health and safety.

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Answered on 7/09/07, 9:42 am


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