Office Of Cost Containment

Guardian Ad Litem Section:

NH has established a Guardian Ad Litem fund to pay for the services of GALs in child custody cases where either or both of the parents are presently unable to pay for the services of the GAL directly. The statute sets the costs of GAL services as a liability of the parents.

Under the statute and the court orders for a GAL, the court determines the proportionate share of the liability, but OCC is in charge of making determinations of ability to repay the State when the GAL fund has paid for or guaranteed the GAL's bill. These determinations are made individually as each case is different.

The answers to the following frequently asked questions may help in understanding the repayment requirements.

Q. I never asked for a GAL, and didn't contract for one, so why should I pay for services I never wanted in the first place?

A. The GAL does not contract with the parents. The GAL is appointed by the court to represent the "best interests" of each minor child. State law makes parents responsible for the "necessaries" of their children and the representation of the minor's interests when he or she can not be represented otherwise are considered necessary.

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Q. How much does it cost?

A. Unlike indigent defense in criminal matters, the total cost of GAL services is a function of the complexity of the custody issues in each case. However, the court rules and the specific orders of appointment limits the GAL fee to $1000 unless a motion to exceed that limit is filed by the GAL and approved by the court. In complex cases, the GAL may file such a motion, so it is important that the parties be aware of the costs.

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Q. Do both parents always owe the same amount?

A. Not always. Sometimes the court orders one parent to pay a larger share than the other. Also, the court sometimes requires one parent to pay the GAL directly while the other parent's share is paid from the fund. In most cases, the repayment liability is equal.

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Q. My divorce or custody case isn't final yet. Why do I have to start payments?

A.We set up an account for your share of the $1000 limit and expect you to start making payments during the time that the GAL is completing the investigation for the court. Except in rare cases, the GAL fees exceed the payments you make. By making periodic payments you won't be faced with a sudden big bill when the case is complete.

In most cases, court rules prohibit the GAL from submitting an interim bill, but you do have a right to ask the GAL how many hours have been spent on your case.

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Q. If my share of the final bill is less than $500 and I have already paid that, do I get a refund?

A. It is very unusual for any party to pay the full initial share before the case is complete, but yes you would be entitled to a refund of payments that exceed your share of the actual bill.

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Q. If the other parent doesn't pay, does that mean that I have to pay his or her share?

A. No. The court determines the proportional share and unless there are motions and hearings to change the share you must pay it will not change.

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Q. If I get a letter asking me to pay or set up a repayment plan, and I am sure that I can't, what should I do?

A. Get in touch with the OCC - GAL section immediately. The program assistants and case technicians are very experienced working with people with genuine financial problems and can usually work out a repayment plan with you. However, if you ignore the letters or the original court orders, OCC will ask the court to require you to show cause why you should not be held in contempt and potentially incarcerated.

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Q. If I believe that I can't make repayments and OCC thinks I can based on the facts that it has reviewed, can I appeal the decision?"

A. Yes. But you should remember that the burden of proof is on you to show why the determinations of OCC should not apply.

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Q. If I want to read the law for myself, where can I find it?

A. The Laws called NH Revised Statutes can be found in the reference room of most libraries. They also may be found on the State of NH Home page under NH Revised Statutes.

Click the buttons for the specific laws applying to GAL cases.

461-A:18 Parental rights and responsibilities.

464-A:41 The law establishing GAL liability in all other child custody matters.

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Q. Is the material I give to OCC, or OCC finds out about me considered private?

A. Absolutely! While court records are considered public documents, we, at OCC know we are dealing with a lot of information which could never be called "public." We adhere to the State privacy policy published on "nh.gov".

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Q. How can I contact OCC?

A. You may write:OCC-GAL, 25 Capitol Street, Concord NH 03301-6324.

Or, you can telephone (603) 271-1416.
We also have a walk-up window
25 Capitol Street, Room 400(4th floor)
The window is open M-F from 8 AM to 4 PM.

Contact Cost the Office of Containment.

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