shegoose said:
My ex was an abusive husband who never wanted anything to do with his children. He is currently ordered to pay 1200 in child support for our three children. He remarried and saw his children very infrequently. He is currently in arrearage of his child support order and is in contempt for other issues. He has decided to return to court to gain full custody of the children. He is building a house and wants to avoid paying support. He has filed for full custody in the state of NH. He has nothing to prove that I am a bad mother, because I am not. He has no witnesses. The school system is totally behind me. He threatens that he has taped me and is going to use the tapes against me. There were a few times in my abusive marriage when I lost it on him, and he possibly has some one-sided tapes. I believe that I have caught a private investigator in my driveway. My ex may have hired one. He suggests that he has. Can he use anything an investigator may have recorded against me? I would appreciate anybody who can help answer these questions. Thank you.
NH is an ALL Party state.. therefore, he would have had to inform you of the recording for it to be admissible in court. Unfortunately, you are going to need an attorney as you never go into court on custody matters without one. Ensure you get your attorney to counter petition for attorney cost and Child Support Arrearage. Ensure the judge knows that he is behind. Some judges will not even entertain the thought of changing custody when the NCP owes CS.
Have you been served yet ? What is he claiming ?
N. H. Rev. Stat. Ann. § 570-A:2 (1999): It is a felony to intercept, or disclose the contents of, any telecommunication or oral communication without the consent of all parties. However, it is a misdemeanor for a party to a communication, or anyone who has the consent of only one of the parties, to intercept a telecommunication or oral communication.
Civil damages are expressly authorized for unlawful interceptions for the greater of actual damages, $100 a day for each day of violation, or $1,000 in addition to punitive damages, attorney fees and litigation costs. N.H. Rev. Stat. Ann. § 570-A:11 (1999).
Use of a hidden camera in a private place without the consent "of the persons entitled to privacy therein" is a misdemeanor. N.H. Rev. Stat. Ann. § 644:9 (1999).
