It is not uncommon for a spouse to transfer all or a portion of his marital residence to the other spouse, whether it be for estate planning purposes or otherwise. If there becomes a creditor problem later for the spouse that made the transfer, there may be a challenge to the prior transfer claiming that it was a fraudulent transfer.…
In the recent case of In re: Yaman, the New Hampshire Supreme Court issued a lengthy opinion discussing the process to registering a foreign divorce decree in New Hampshire. A foreign divorce decree is only effective in the state or country in which it is issued. It is not effective outside of the state or country in which it is…
While federal law prevents a state court from treating a disability pension as property that can be divided upon divorce, federal law does not prohibit a state court from using veteran’s disability payments to calculate child support and/or alimony payments. A decision from the New Hampshire Supreme Court affirms long-standing case law which allows a state court to calculate alimony…
Under New Hampshire law, the court’s power to award alimony is derived solely from statute. A court has no independent ability to make an alimony award, except as is outlined by the alimony statute. In accordance with the relevant statutory provisions, a court must find, prior to making an alimony award, that one party has a need for support and…
Understanding Child Support Child support is money paid for the support, maintenance and education of a child or children. It is paid on a regular basis, usually weekly, bi-weekly or monthly, by one parent to the other. Gifts, purchases of clothes, transportation, vacation expenses and payment of rent may not considered support, even though they benefit the child. The Court…
At Hamblett & Kerrigan we have the resources and experience to provide you with high-quality legal representation in even the most complex family law matters. We handle divorces, same-sex divorces and family issues, nontraditional family issues, post-divorce modifications, complex parental rights issues (custody and visitation issues), grandparent visitation issues, family business divisions, alimony awards, child support matters, adoptions and domestic…
Many people are under the misconception that in order to prove adultery there must be either photographic or videotape evidence of the sexual intercourse. This is not so. While video and photographic evidence is helpful, it is not required. Instead, circumstantial evidence of both opportunity and inclination are considered sufficient evidence on the issue of adultery. The New Hampshire Supreme…
The issue that predominantly impacts cases involving the calculation of child support with pass-through entities is the amount of income to be used for child support purposes. Businesses with pass-through income are entities which are not taxed itself. Instead, the entity’s income is “passed-through” to the shareholders or members of the entity. Subchapter S-Corporations, limited liability companies, partnerships, limited partnerships,…
In the Matter of Maves and Moore, the trial court calculated child support using the father’s Adjusted Gross Income figure from his federal income tax return. On appeal, the New Hampshire Supreme Court overturned the trial court’s use of the Adjusted Gross Income figure, finding “how federal income taxation statutes define income is of little relevance to the interpretation of…
As part of a continuing series of cases which have sought to clarify the definition of gross income for child support purposes, the New Hampshire Supreme Court, in the August 13, 2014 case of In re: Maves and Moore , held that the capital gains realized from the sale of a condominium should be included in gross income for the…