Some spouses will voluntarily decrease his/her income in order to impact the court’s decision on the payment of alimony. To protect against fraud, the New Hampshire courts may consider the parties’ past income and earning potential to determining if he/she has the ability to pay alimony. Just because a party produces a financial affidavit claiming that he/she earns a certain…
In a recent settlement obtained by Hamblett & Kerrigan, the store’s video surveillance recording was essential in reaching the settlement. The plaintiff was injured when she slipped and fell on a wet floor while entering into the defendant’s store. The defendant’s store denied this claim, inaccurately alleging that the plaintiff’s claim was untrue. Within a day or two after the…
In the aftermath of September 11, 2001, the Department of Homeland Security (“DHS”) created the Prevent Departure Program to ensure that no alien shall depart or attempt to depart from the United States if his/her departure would be prejudicial to the interest of the United States. This program may also be an effective tool to stop international child abductions. The…
Recently, the New Hampshire Supreme Court was faced with the issue of whether a post-nuptial agreement is enforceable within the state. Such agreements have traditionally been considered unenforceable within the state, but recent trends in other jurisdictions have led to some questions on whether New Hampshire would enforce such agreements. For many years New Hampshire courts have enforced prenuptial agreements…
When supervised visits are needed in a contested parenting/custody case, finding a suitable supervised visit location can be a difficult obstacle in the case. Below is a link to a website which lists some of the supervised visitation sites within the State of New Hampshire. http://www.svdirectory.com/state.htm?st=nh While location of the site is often an important factor, it is strongly recommended…
The abduction and removal of a child to another country offers unique and difficult hurdles to overcome. Even if a U.S. court orders custodial rights to a parent, the U.S. court order may not be recognized or enforced in certain countries. Therefore, a parent may not be able to have his or her child returned if taken to a foreign…
Effective July 1, 2013, new Child Support Guidelines went into effect for child support orders issued in New Hampshire. For the first time in the State’s history, the child support percentage will vary depending upon how much the parents’ earn. Under the new guidelines, the more the parents’ earn, the lower percentage of their monthly income will they pay for…
Employment discrimination laws prohibiting retaliation are not meant to give employees the right to sue their employer over petty slights or minor annoyances that often take place at work and that all employees experience, but rather are to address employer actions that could well dissuade a reasonable employee from making or supporting a charge of discrimination. In a May 17,…
You may be reading this because you are experiencing the break-up of your business, or perhaps it is about to happen. A business break-up or divorce can be as painful and expensive as a personal divorce if at the time of formation and during the operation of the company, such an event is not anticipated and a plan put it…
The advent of modern technology has made it possible for people to intercept telephonic and electronic communications. While often used by police in preparing a criminal case, lay persons have attempted to use intercepted communications to support their claim in many civil cases. For example, one parent may attempt to record a telephone conversation between the child and the other…