Clients often ask about including in their parenting plan a provision requiring both parents to contribute to a child’s extracurricular activity expenses and uninsured medical expenses. These issues were brought before the New Hampshire Supreme Court In the Matter of Cheryl Anne Coderre and Paul A. Coderre on September 30, 2002. The father appealed an
June 2008
Authorization for medical treatment for your child
By Kysa Crusco on
Posted in Parenting Rights & Responsibility
Summer is finally here with vacation plans, summer camps and trips to the grandparents in the works. I read a great blog today by Attorney Robert L. Mues of the Ohio Family Law Blog reminding parents who will be away from their children to sign a medical authorization for caregivers. Although doctors may provide treatment in a…
Donovan: Enforcing orders for contribution to a child’s college expenses
By Kysa Crusco on
On this blog, we review new domestic relations cases that are issued by the New Hampshire Supreme Court such as the recent Lemieux and Gendron and Plaistek opinions. However, there are many older opinions which are worth reviewing periodically. Here, we will review the case In the Matter of Tatjana A. Donovan and Robert F. …
New Hampshire child support formula
By Kysa Crusco on
Posted in Child Support
Child support in New Hampshire is calculated according to a formula set forth in RSA 458-C:3. The percentage of the parties’ income that will be the root of the calculation is based on how many children are receiving support.
Number of Children Percentage of Net Income
1 = 25 percent
2 = 33 percent
…
Same-sex couple adoption in New Hampshire
By Kysa Crusco on
Posted in Adoption, Parenting Rights & Responsibility
Can a same-sex couple adopt a child together in New Hampshire? The question, although simple, does not have a simple answer. Currently, the laws in New Hampshire leave the question open to interpretation.
As I have blogged about previously, New Hampshire is one of four states that recognizes a civil union. New Hampshire’s civil union…
Lemieux and Lemieux: Reformation of a divorce decree
By Kysa Crusco on
On June 13, the NH Supreme Court released an opinion on In the Matter of Richard R. Lemieux and Joanne Lemieux. In this case, Richard and Joanne were divorced in 1990. Their final divorce decree included stipulations regarding Joanne’s portion of Richard’s pension plan benefits, including the percentage each spouse would be awarded and the date…
Parenting rights and responsibilities
By Kysa Crusco on
Posted in Parenting Rights & Responsibility
New Hampshire law categorizes parenting rights and responsibilities into two groups: decision making responsibility and residential responsibility. These are the new terms for what used to be called "legal custody" and "physical custody," and have been called such since October 1, 2005 when the new statue went into effect.
Decision making is defined as the "responsibility…
Common law marriage in New Hampshire
By Kysa Crusco on
Posted in Marriage
The New Hampshire Supreme Court released an opinion on June 3, In Re Estate of David J. Bourassa that clarified the requirements for Common Law Marriage in New Hampshire. The relevant Statute is RSA 457:39. New Hampshire does not recognize common law marriage. However, what the State may recognize is what can be considered…
Final restraining order: What can the judge order?
By Kysa Crusco on
Posted in Domestic Violence
Once the plaintiff has proved that the defendant has abused her within the meaning of the statute, the court may grant a final restraining order that will remain in effect for one year. The court has the authority to order the following protective orders:
- Restrain the defendant from abusing the plaintiff, plaintiff’s relatives
…
Where to get legal advice: An experienced attorney
By Kysa Crusco on
Posted in Child Support
I recently did a google search to see what came up for answers for "child support and college in New Hampshire." I came across a yahoo answers page in which somebody asked "do I have to pay child support when my child goes to college if I live in New Hampshire." It is a question that comes…