With the same-sex marriage bill about to come to Governor Lynch’s desk, it is an appropriate time to examine the future of fault grounds in New Hampshire. Currently, New Hampshire has both fault and no-fault grounds for divorce. Only about 1% of divorces in New Hampshire are granted on the basis of fault. Of the nine
I/M/O Lynn: Returning to school may be a substantial change in circumstances to modify child support
Once a child support order has been approved by the court the modification statute, NH RSA 458- C:7, allows for a petition to modify the child support order after three (3) years have passed. If one party petitions for a modification before the three year mark they must show a substantial change in circumstances
How do I relocate with my children out of state?
Q: I have primary residential responsibility for my children, and I want to move out of state with them, what do I need to do to move?
A: The relocation statute (NH RSA 461-A:12) requires that the relocating parent shall provide reasonable notice to the other parent of the move. While “reasonable notice&rdquo
IMO Guy: Fault divorce for endangering health or reasons requires more than anger and hurt feelings
The New Hampshire Supreme Court recently held In the Matter of Joni Guy and Daniel Guy on March 5, 2009 that in order to prove a fault-based divorce for endangering health or reason, the innocent spouse must prove that there has been more than just hurt feelings and anger. This holding raises the standard and makes this type
Parents may not waive NH statutory provision prohibiting an order requiring payment of adult child’s college expenses
On January 30, 2009 the NH Supreme Court released the opinion for In the Matter of Joseph Goulart, Jr. and Marcia Goulart in which the Court held that parents are not free to waive the provisions of the statute that prohibit any child support order requiring a parent to contribute to an adult child’s college
In Re James N. holds that delinquent acts cannot be the basis of a CHINS petition
The New Hampshire Supreme Court released In Re James N. on October 8, 2008 holding that the basis of a CHINS petition under the Child in Need of Services statute cannot be founded upon a delinquent act.
In 2007, the Mother filed a CHINS petition involving her 6 year old son James, who at
N.H. Supreme Court holds in Salesky that a guardian may maintain a divorce action
On October 8, 2008 the New Hampshire Supreme Court released an opinion for In the Matter of John Salesky and Jacqueline Salesky. The Court held that a guardian, appointed over the person and estate, may maintain a divorce action on behalf of that person with either the express authority of the Probate Court and
Are uninsured medical expenses and extracurricular activities included in child support guildelines?
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
Prior voluntary acknowledgement of paternity precludes future genetic marker testing
The New Hampshire Supreme Court released an opinion today In the Matter of Kevin Gendron and Jody Plaistek that held that a voluntary acknowledgement of paternity executed in Massachusetts must be given full faith and credit and that the trial court erred in ordering genetic marker testing. The voluntary acknowledgement of paternity signed by both
An Alimony Primer for New Hampshire Residents
Alimony, also called maintenance or spousal support, is payments made to a spouse or former spouse under a court order. Alimony in New Hampshire is "rehabilitative’ and is based on the theory that both spouse should be able to provide for their own financial needs. Therefore, when alimony is awarded, it is designed to encourage