It is not uncommon in restaurants for the wait and bus staff, bartenders, and other employees to share tips; however, New Hampshire has a specific rule in regards to same. The current rule in statute NH RSA 279:269-b states that tips are wages and property of the employee receiving the tip. Any tip-pooling or sharing arrangement has to be done…
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…
With Massachusetts, our friendly neighbor directly to the south, many New Hampshire employers send their employees into Massachusetts in the course of their employment. When this occurs, New Hampshire employees may come under the protection of Massachusetts’ Statutes. In particular, New Hampshire employees may be entitled to the benefits of the Massachusetts Prevailing Wage Statutes when working on state funded…
We are often asked “am I required to hire a lawyer to represent me in obtaining compensation for injuries I sustained in a car accident”. The simple answer is “no”, but the question is more complex than a simple answer provides. While the car accident victim is not required to hire a lawyer, she or he is at a significant…
Hamblett & Kerrigan is pleased to announce that it has expanded its presence in the Seacoast area as it now offers appointments at two locations in Portsmouth, New Hampshire. In an effort to better serve our Seacoast clientele, Hamblett & Kerrigan has the convenience of meeting with our clients at the following locations: 155 Fleet Street, Portsmouth, New Hampshire; 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…
Being injured in an automobile accident is a traumatic and often life-changing event. While it is understandable that an injury victim should first be concerned about her health, addressing the legal issues involved in an automobile accident are important, especially in situations where the issue of speed is question. Speed is often a crucial factor in determining liability in car…
In an adverse possession case, the party seeking to claim the disputed property must demonstrate 20 years of continued, uninterrupted use of the land. One defense to this claim is to show the adverse possessor’s use was interrupted at some point in that 20-year period. This is known as “ouster.” What constitutes ouster that is sufficient to halt the running…