by Bruce L. Dorner
The law is ever changing. In 2004 the New Hampshire legislature passed many new laws. Most of them will have little impact on most of us. Some will have major impact, and the majority will be somewhere in the middle. Permit me to explore a few of the new changes that arose during the past session of the legislature.
The Court no longer has the power to order divorced parents to pay for the college education of their adult children. Prior to this revision to RSA 458:17, it was common for the parties to have a hearing to determine what would be a fair and equitable contribution for each parent to make toward college funding. As one would expect, neither parent usually felt comfortable with the amount of money the Court would order paid to the college. The larger question will be how college financial aid packages will be computed if one parent refuses to cooperate with providing data or declines to contribute to college expenses.
Another change in family law was established to modify the standard by which child custody may be changed. It is common for a joint custody arrangement to become more difficult as the children get older and develop their own set of friends and activities. Sometimes parents have disagreements about the terms of the custody order and ask the court to make changes. Now, under the new law, if the parties have joint legal custody and agree to a change, the Court need only determine that the change is in “the best interest of the children.” If the parties are not in agreement, the old law imposed a very harsh standard which required that the moving party had to convince the judge that the children would be harmed if they continued to live under the current plan. The new law is more flexible. It requires the moving party to convince the judge that the “child’s present environment is detrimental to the child’s physical, mental, or emotional health and that the advantage to the child of modifying a permanent custody order outweighs the harm likely to be caused by the change in environment.”
We also have a new law, RSA 644:18, which imposes criminal penalties for holding an underage drug or alcohol party. Watch out! This law says that if you know your kids are having a party at your house and drugs, beer or other alcohol will be consumed, you, the parent, may end up with a criminal record. You can’t escape responsibility by saying that the kids were not going to drive or they were being supervised. If any at the party are less than 21, you’re in trouble! Also, if your high school senior is 18, he or she can also be charged under this criminal statute if five or more friends stop by the house for a quick beer.
On the alcohol and drug front, the legislature also increased the penalty for driving under the influence of alcohol or drugs when you have a person less than 16 in the car (or boat). The new law classifies this offense as aggravated driving while intoxicated. Bottom line, longer loss of license, much greater fine, and a criminal record!
With so many condominiums in Londonderry, we’ve also seen a change in law in that category. Certain disclosures must be made by the seller to the purchaser during the process. The seller must deliver a written notice to the buyer that the buyer has a right to obtain from the condominium association information such as a copy of the declaration, by-laws, any formal rules or regulations, a statement of the monthly and annual fees, and details of any special assessments within the past three years. The buyer needs to sign a copy of the notice. I’m not sure what penalty will be imposed for failure to comply, but it’s easy to avoid the question. I’m sure my friends in the real estate business will be following this condominium notice requirement carefully.
These are just a few examples of what happened in a busy legislative season. Some of these laws don’t go into effect until January. Others are in place now. These short summaries are not comprehensive and are just the tip of the iceberg.
This article provides general information only. It is not legal advice. You should consult with your own attorney before making any legal decision.