There are significant differences in child support laws between Massachusetts and New Hampshire. One of the most significant differences, besides how child support is calculated, is that child support in New Hampshire ends when the child reaches 18 or graduates from high school, while child support in Massachusetts may be payable until the child reaches the age 23. Additionally, New…
It has become increasingly frequent to see the biological parents of a minor child to grant guardianship rights over their child to a third party. Often times this occurs because the biological parents are unable to care for the child due to pending homelessness, drug problems, or criminal actions. In some cases, the guardianship is only intended to last a…
In a decision that could significantly affect the enforceability of online contracts, the Massachusetts Appeals Court recently ruled that an email service cannot unilaterally determine the forum in which all claims must be litigated. The case will have significant ramifications for all businesses that use website “terms of service” to regulate their relationships with customers. In reversing a probate court…
Paul Creme, a corporate attorney at Hamblett & Kerrigan, is scheduled to be a guest speaker at the Center for Women’s Business Advancement (CWBA) on June 24, 2013. The CWBA is committed to empowering women to be financially successful in business ownership and entrepreneurship by providing individual business counseling, training education, networking opportunities, and peer mentoring.
When the Jumpstart Our Business Startups Act (the “Act”) was signed into law it provided for a 270 day period for which the Securities and Exchange Commission had to implement the rules. This meant that that your company was not going to be able to use the Crowdfunding exemption to sell equity, until the rules were implemented. Until then, federal…
When dealing with closely held entities, either corporations or limited liabilities companies, there are a variety of issues that owners and management should consider to help ensure the company’s success. In this article, we’ll discuss the top five. Formalities Limited personal liability and the tax benefits of doing business in the company form are available only when the shareholders/members comply…
Educational degrees are a legitimate requirement for numerous jobs and claims of employment discrimination because an unsuccessful candidate who is in a protected class yet did not have the required educational degree will fail when the employer can prove that requirement was not a mere pretext for discrimination. Such was as in the April 18, 2013 decision from the United…
Adultery is “voluntary sexual intercourse between a married man and someone other than his wife or between a married woman and someone other than her husband.” A divorce may be granted if it is shown that one spouse engaged in an adulterous relationship, and the adulterous relationship was the primary cause of the breakdown of the marriage. It is a…
A recent United States Supreme Court decision provides relief for persons injured in an accident, such as automobile, motorcycle, slip and fall, dog bite, etc. Many injury victims have their medical care paid by employer provided health insurance. When the injured person receives a settlement or verdict, they will likely need to reimburse their health insurance carrier for the amounts…
For decades, courts throughout the United States have upheld the validity of premarital or antenuptial agreements. Premarital agreements allow the engaged couple to plan what will happen with their separate and joint property upon death or in case of divorce. Most states, however, will not uphold the validity of postnuptial agreements, which are marital agreements entered into by a couple…