HB384: (New Title) relative to financial affidavits in domestic relations cases.

CHAPTER 202

HB 384 – FINAL VERSION

25mar03… 0599h

01/07/04 2465s

25May2004… 1639CofC

2004 SESSION

03-0269

05/09

HOUSE BILL 384

AN ACT relative to financial affidavits in domestic relations cases.

SPONSORS: Rep. Pilliod, Belk 31; Rep. Kurk, Hills 48

COMMITTEE: Commerce

AMENDED ANALYSIS

This bill provides that financial affidavits in domestic relations cases are, with limited exceptions, confidential and accessible only to the parties, their attorneys, the guardian ad litem, and state and federal officials.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

25mar03… 0599h

01/07/04 2465s

25May2004… 1639CofC

03-0269

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to financial affidavits in domestic relations cases.

Be it Enacted by the Senate and House of Representatives in General Court convened:

202:1 New Section; Annulment, Divorce, and Separation; Procedure; Financial Affidavits. Amend RSA 458 by inserting after section 15-a the following new section:

458:15-b Financial Affidavits.

I. Except as provided in paragraph III, all financial affidavits filed under this chapter shall be confidential and accessible only to the parties, their attorneys, the guardian ad litem, department of health and human services employees responsible for child support administration, and state and federal officials for the purpose of carrying out their official functions.

II. Any person who knowingly discloses a financial affidavit to any person not authorized to obtain the financial affidavit under this section shall be guilty of a misdemeanor. This paragraph shall not apply to documents released by a court pursuant to paragraph III.

III. Notwithstanding paragraph I, the court may grant access to a financial affidavit filed under this chapter to a person upon a showing by clear and convincing evidence that the public interest served by release of the information outweighs the private interest served by maintaining the privacy of the financial affidavit. For the purposes of this paragraph, the right of the public to access court records shall not, absent further cause, constitute sufficient evidence to overcome the presumption of privacy contained in paragraph I.

202:2 Applicability. Section 1 of this act, relative to financial affidavits, shall apply to all proceedings under RSA 458 filed or brought forward on or after the effective date of this act.

202:3 Effective Date. This act shall take effect 60 days after its passage.

(Approved: June 11, 2004)

(Effective Date: August 10, 2004)