N.H. Sup. Ct. Admin. R. 12-14

As amended through December 30, 2024

Rule 12-14 - [Decrees; Rule 197 Affidavits; Aid for Dependent Children; Division of Human Services Referrals.]

In addition to Administrative Rules 7-1 through 7-5, the Court has adopted the following policies and rules:

A. DECREES

1. All decrees, findings, rulings, etc., are to be typed before submission to Clerks for issuance except in exceptional circumstances.

2. Each decree should read: DIVORCE DECREED, not granted and where the divorce is decreed for the cause of irreconcilable differences, the entire cause is to be set forth (statutory language).

3. Property settlements are not subject to retroactive modification, absent claim of fraud, deceit, perjury, concealment, etc.

4. On all orders for support, a date certain should be made in the order for the beginning of support.

5. The captions on any decree should distinguish the character of the decree (temporary-permanent; rulings and/or orders of motions for discovery, visitation, custody, etc.), and should include, when possible, filing date or dates of pleadings resulting in the opinion, decree, or ruling, preferably in parentheses after the overriding caption.

Cross-referencing is to be utilized and pleadings being ruled upon should reflect, "See decree, ruling, etc., of even date", signed by the Presiding Justice.

B. RULE 197 AFFIDAVITS

1. Superior Court Rule No. 197 Affidavits are not to be accepted for filing by the Clerks of Court, the Presiding Justice, or Marital Master, unless the same are typewritten.

The foregoing provision of Rule 197 is to be strictly enforced and may be waived by the Presiding Justice, Clerk, or Marital Master only in cases where a party appears pro se and in cases where there is a showing of exceptional circumstances.

2. Rule 197 Affidavits are to be exchanged by counsel/parties prior to hearing.

3. The Court requires that the parties include current fair market value of any real estate in the affidavits as well as the lump sum value of any pension plans, whether or not they are vested, and any other relevant information regarding value of such plans.

C. AID FOR DEPENDENT CHILDREN

Rule 197 Affidavits are to reflect whether the party is currently receiving assistance and also whether such assistance has ever been received in the past (by period of time and amount). In addition, inquiries should be made as to the likelihood of a party being a recipient in the future. In all divorce cases where a party is awarded custody of the children and support, which is to be paid directly to the party, there is to be a provision in the decree that if the party procures AFDC or TANF in the future, then payments will automatically become payable through the division of human services.

D. DIVISION OF HUMAN SERVICES REFERRALS

No referrals for New Hampshire Division of Human Services investigations are to be automatically approved, even when the parties agree. A show cause hearing is to be required except in extraordinary circumstances, and when referrals are approved, inquiry is to be made to determine if the party or parties are to bear the costs of reference.

When an order is made for the Probation Department to investigate the question of custody, the parties, if financially able, are to be required to help defray the cost; ordinarily a payment of $200.00 will be sufficient.

If the Division of Human Services is ordered to investigate the question of support, the parties are to be ordered to report to the Division of Human Services and to file copies of their last income tax returns.

N.H. Sup. Ct. Admin. R. 12-14