New Hampshire financial affidavit (NHJB-2065-F) and the Rule 1.25-A disclosure list

Form NHJB-2065-F is the family division financial affidavit of the New Hampshire Judicial Branch, described by the court as the form parties in domestic cases use to inform the court and each other of their finances (New Hampshire Judicial Branch, Financial Affidavit (NHJB-2065-F) form page).

It runs to fourteen numbered sections: general information, children, employment, two monthly income sections, monthly expenses, assets, additional assets, tax return information, insurance, debts, retirement plans, attachments and additional information (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions). Public assistance and the children’s own income go in a separate income section, because that income is excluded when child support is calculated (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions).

A separate Monthly Expenses form is the detailed budget attached to the affidavit. The instructions require it when child support guidelines are disputed, when alimony or college expenses are requested, when the parties disagree on dividing debts, or when either side or the court asks (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions).

Each party fills in and swears their own affidavit, and the New Hampshire Judicial Branch publishes the form on courts.nh.gov (New Hampshire Judicial Branch, Financial Affidavit (NHJB-2065-F) form page). The form must be signed under oath before a Notary Public or a New Hampshire Justice of the Peace (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions). Lawyers and paralegals usually prepare it from the client’s pay stubs, statements and returns, which also serve the Rule 1.25-A exchange.

1. Download form NHJB-2065-F from the New Hampshire Judicial Branch website and check the revision date in the footer, 06/15/2020 on the current version (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions).
2. Agree with the other side whether the Monthly Expenses form is needed, and attach it if so.
3. Convert weekly and biweekly pay to monthly with the factors in the form’s instructions.
4. Gather the Rule 1.25-A documents, such as each bank statement, at the same time, since the deadlines overlap.
5. Sign before a notary or justice of the peace, give a copy to the other side, and file it.

• Reusing an old affidavit for a new hearing, when the instructions call for a new one each time (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions).
• Using purchase price or replacement cost for an asset instead of what it could sell for.
• Leaving out money a relative is holding for you, or a jointly owned account.
• Counting the spouse’s W-2 and 1099 forms in your own tax total.
• Initialing the Rule 1.25-A compliance line before the disclosure documents have actually gone out.

Rule 1.25-A, the mandatory initial self disclosure rule, applies to every new divorce, legal separation, annulment or civil union dissolution in the family division (New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17). Unless the parties agree or the court orders otherwise, each party delivers these items to the other (New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17).

• For parenting or child support petitions, and for petitions to enforce or change orders, items (g) through (l) do not apply (New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17).
• All but the last four digits of account numbers and Social Security numbers may be redacted (New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17).

The disclosure documents are due by the earlier of two dates: 45 days from service or delivery of the petition, or 10 days before the temporary or initial hearing, not counting the First Appearance (New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17).

The affidavit has its own clock. Under Rule 2.16, it is exchanged with the other party and filed with the court seven days before any hearing, unless the court excuses it (New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17). If nothing changed since the last one, a party may file an Affidavit of No Change instead (New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17). An Affidavit of No Change is a short filing stating that your finances have not changed since the earlier affidavit.

Child support adds its own papers. Rule 2.17 calls for the Uniform Support Order in every case where child support may be ordered (New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17). Parties who agree file one child support guideline worksheet and one order; parties who disagree each file a worksheet and a proposed order (New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17).

Income and expenses are monthly. Weekly pay is multiplied by 4.33 and biweekly pay by 2.17, and irregular income is entered as an average (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions). Numbers are rounded to the nearest dollar (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions).

For assets, give a good-faith estimate of fair market value, which the form defines as what you could sell the asset for, not its purchase price or replacement cost (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions). You do not need an appraisal for every item, but you must weigh everything you know about its value (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions).

• Include assets held in someone else’s name for you, such as money a relative keeps for you (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions).
• Include anything of substantial value given away or sold below value within 6 months of the affidavit date (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions).
• Include any debt someone owes you, even if you do not expect to be repaid (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions).
• If self-employed, tick the box and attach your most recent Schedule C (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions).

The oath block covers more than accuracy. You swear that you disclosed all income and all assets of substantial value, that you reasonably estimated values, and that you will update the affidavit for each hearing (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions). You also initial whether you have complied with Rule 1.25-A or explain why not (New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions).

If you cannot get a required document, the rule asks for a written statement under oath naming the document, why it is unavailable and what you did to obtain it (New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17). The other side may then send you a release to sign so it can request the record directly (New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17).

Affidavits filed in divorce, legal separation, annulment, child support and parenting cases are confidential to non-parties (New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17). Disclosures must be supplemented promptly as material changes occur while the case is pending (New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17).

• New Hampshire Judicial Branch, Financial Affidavit (NHJB-2065-F) form page: Document number NHJB-2065-F is the form parties in domestic cases use to inform the court and each other of financial information.
• New Hampshire Judicial Branch, Financial Affidavit NHJB-2065-F with instructions: The form must be sworn before a notary or justice of the peace, uses the 4.33 and 2.17 monthly factors, defines fair market value, lists assets to include, requires a new affidavit for every hearing and sets when the Monthly Expenses form is needed.
• New Hampshire Circuit Court Family Division Rules 1.25-A, 2.16 and 2.17: Rule 1.25-A lists the disclosure documents with their periods, the 45-day and 10-day deadlines, redaction, supplementation and unavailability statements; Rule 2.16 sets the seven-day exchange and confidentiality; Rule 2.17 requires the Uniform Support Order and child support guideline worksheets.