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Tina
Tina, Lawyer
Category: Family Law
Satisfied Customers: 33166
Experience:  JD, 17 years legal experience including family law
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I am taking my ex to court in order to modify alimony. Initial

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I am taking my ex to court in order to modify alimony. Initial disclocure of family rule 1.25-a for NH states that part of the discovery is 12 months of bank statements. My ex has provided the financial affidavit but not the bank statements. Her reasoning is section G, she only applies to new actions not changes to parenting or support petitions or petitions to enforce or change court orders in parenting or divorce. However, when I looked up that rule it states that it would only apply if she agreed to mediation and if we are working with an alternate source other than the courts. Could you take a look at that specific clause and clarify?

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. Before I can give you an accurate answer to your question, please provide the following additional information:

Rule 1.25A indicates that the rule applies to all family court cases. Is there another section that you believe limits the scope of this rule?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 3 years ago.


When I recieved the very limited financials from my ex wife she stated that it was an ammendment to Rule 1.25-a. Called section G. I see it stops at section F. Would you be able to see if there is something I'm missing? She has provided her 1040 but not the w-2 or schedules that should be attached. She has provided a summary of her accounts without supporting documents such as statements. I'm paying alimony and she has been cohabitating for five years with her fiance'. I'm sure they have joint financials but she is refusing to provide the supporting doucments of the financial affidavit based on some rule that I don't even se exists. Again she is calling it 1.25-a section G appendix A, part A of mandatory initial self disclosure.

Hello again, Frank, and thank you for clarifying this.

There is no Section "G" to Rule 125-A and here is the applicability of this Section:

Rule 1.25-A Mandatory Initial Self Disclosure:

A. APPLICATION.

This Mandatory Initial Self Disclosure Rule applies to all new actions in the family division for divorce, legal separation, annulment, or civil union dissolution. For parenting or child support petitions, or petitions to enforce or change court orders in parenting, divorce, legal separation, or civil union dissolution cases in the family division, sections B (1) (g) through (l) shall not apply.

This rule applies to parties engaged in mediation or other alternative dispute resolution processes once the petition invoking court involvement has been served/delivered. Parties involved in alternative dispute resolution before filing are not bound by the rule until they initiate court action.

Here is a link to the rule:

http://www.courts.state.nh.us/rules/family/fam-1.htm

As the Rule expressly excludes parties in parenting or support actions from having to comply with sections "g" through "l", the inference is that parties must comply with sections "a" through "f" as follows:

(a) A current financial affidavit in the format required by family division rule 2.16, including the monthly expense form.

(b) The past three (3) years� personal and business federal and state income tax returns and partnership and corporate returns for any non-public entity in which either party has an interest, together with all tax return schedules, including but not limited to W-2s, 1099s, 1098s, K-1s, Schedule C, Schedule E and any other schedules filed with the IRS.

(c) The four (4) most recent pay stubs (or equivalent documentation) from each current employer, and the year-end pay stub (or equivalent documentation) for the calendar year that concluded prior to the filing of the action.

(d) For business owners or self-employed parties, all monthly, quarterly and year-to-date financial statements to include profit and loss, balance sheet and income statements for the year in which the action was filed; and all year-end financial statements for the calendar year that concluded prior to the filing of the action.

(e) Documentation confirming the cost and status of enrollment of employer provided medical and dental insurance coverage for:

i. The party,

ii. The party's spouse, and

iii. The party's dependent child(ren).

(f) For the twelve (12) months prior to the filing of the action, any credit, loan and/or mortgage applications, or other sworn statement of assets and/or liabilities, prepared by or on behalf of either party.


I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

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