If a business offers a fired or laid off employee more than two-weeks’ pay in severance benefits, it is generally prudent to require the employee to sign an employment separation agreement in exchange for the pay. Such an employment separation agreement should contain a release wherein the employee by accepting the severance payments waives the right to bring suit or…
After a divorce is final, it is likely you will no longer be covered by your spouse’s medical insurance policy. Therefore, prior to the divorce becoming final you should examine the medical policy for conversion privileges or inquire into obtaining new medical insurance coverage. As part of the parents’ support obligation, the court may require one or both parents to…
All of the personal property and real property owned by either spouse becomes part of the marital estate, regardless of whether the property is held in the name of both spouses jointly or one spouse individually. The marital estate also includes intangible property such as bank accounts, employment benefits, stock options and pension plans. The filing of the divorce petition…
The Court determines parental rights and responsibilities based on what it believes to be the “best interests of the children.” There is no presumption that one spouse would be a better parent than the other simply because of gender or financial situation. The Court considers all relevant factors including the wishes of the parents, the wishes of the child; the…
You and your spouse may be jointly liable on joint debts, even after the divorce. The court cannot change an agreement with a creditor. Therefore, if you have a joint credit card with your spouse, the credit card company is free to pursue either you or your spouse for the balance due, even after your divorce is complete. You can…
On December 9, 2015, I wrote an article in regards to a November 3, 2015 decision by the New Hampshire federal trial judge in the case of Maureen McPadden v. Wal-Mart. In that article I discussed the November 3, 2015 decision of the judge allowing McPadden’s claims of discrimination and retaliation to go to a jury. McPadden had been a…
The New Hampshire Supreme Court’s decision In the Matter of Ball and Ball illustrates the importance of seeking the advice of an attorney familiar with the Uniform Interstate Family Support Act, more commonly referred to as “UIFSA”. In the Ball case, the parties were divorced in Massachusetts in 2004. The Massachusetts divorce decree provided that the father was obligated to…
On January 26, 2016, the Supreme Court issued decisions concerning the sales of unsafe vehicles in New Hampshire. New Hampshire is one of the few states that allows dealers to sell unsafe vehicles (meaning, vehicles that will not pass a state safety inspection) to the public. To do so, however, the New Hampshire Division of Motor Vehicles requires the dealer…
The Uniform Interstate Family Support Act, commonly referred to UIFSA, is a uniform statute enacted in all 50 states and the District of Columbia in order to provide consistency and certainty when more than one state is involved in child support proceedings. At the instructions from Congress, the Act was created in order to avoid multiple conflicting child support orders…
Both state and federal employment discrimination laws in New Hampshire and Massachusetts prohibit adverse employment actions against employees because of their protected classes but do not prevent such acts against employees for their misconduct, even if they are a member of protected class. Firing an employee because of his gender, race, religion, age, disability, or another protected class would be…