In calculating child support, a court must first determine each party’s gross monthly income. If a party is unemployed at the time the support is calculated, the trial court may inquire as to the reasons behind the unemployment. Where a party is voluntarily underemployed or unemployed, the court will calculate child support based on what the person is capable of…
Under New Hampshire law, child support is generally calculated by using both parties’ monthly gross income. While this number is fairly easily to calculate if both parties are W-2 wage earners, it is more complicated when one of the parties is self- employed. In October 2012, the New Hampshire Supreme Court clarified how a court calculates a child support obligation…
A school bus dropped a child off along the side of a road, which was the child’s predetermined stop. The child exited the bus and the bus pulled away, leaving the child behind. The child was walking along the road towards his driveway when a drunk driver hit the child before the child reached his driveway, severely injuring him. Even…
In the Matter of Martell and Martell, the New Hampshire Supreme Court reviewed the trial court’s award to the wife of more than 50% of the marital assets due to the husband’s risky stock investments. During the marriage, the husband lost over $1 Million in high-risk stock investments, thereby diminishing the value of the marital estate. Upon divorce, the trial…
In many divorce decrees, the parties are obligated to list real estate for sale. However, what it means to list a property for sale has never been defined until recently. In an unpublished decision dated August 6, 2012, the New Hampshire Supreme Court held that listing a property for sale requires the seller to not only execute an Exclusive Listing…
A recent Iowa Supreme Court decision found that an employee fired from being irresistible to her boss does not have a wrongful termination claim. This has understandably been the cause of public outrage. In that case, the Court found that a dentist, James Knight, did not violate Iowa’s Civil Rights Act when he fired a dental assistant, Melissa Nelson, who…
Tis the season to be jolly, but not to be opinionated, boorish, drunk, or unprofessional. Companies may have holiday gatherings arranging from a cookie swap, luncheon, or even a formal dinner and dance. During this time of the year some workers may believe it appropriate to express why their religion is better than another worker’s and the employer can and…
Military personnel who are injured and/or who are forced to retire due to an illness often receive disability benefits from the military upon discharge. While the law protects the disability benefits from many creditors, the law does provide an exception when it comes to child support under the rationale that veterans should support their children. Accordingly, income received from veteran…
A dispute over a decedent’s estate is often a result of a relative, neighbor, or friend of the decedent obtaining the lion’s share of the assets when other relatives believe they should have been left more. Sometimes the decedent’s estate planning is a change in a Will, a Trust, or deeding the house or changing the ownership of the bank…
See Hamblett and Kerrigan profiled in a recent article published in the November 18, 2012 (Nashua) Sunday Telegraph: http://www.nashuatelegraph.com/business/984181-464/firm-footing-over-the-years.html