2009 New Hampshire Statutes
TITLE XLIII — DOMESTIC RELATIONS (Includes Chapters 457 - 461-A)
CHAPTER 458 — ANNULMENT, DIVORCE AND SEPARATION
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, persons specified in RSA 161-B:7, III, 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.

Source. 2004, 202:1, eff. Aug. 10, 2004. 2005, 216:1, eff. Sept. 3, 2005.

Paragraph III of this section has been held unconstitutional in the case of Associated Press v. State (2005) 153 N.H. 120, 888 A.2d 1236.

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