Incarceration is Not Voluntary Underemployment

May 9, 2016 by

Under NH Law a child support order can be modified when a petition is filed three (3) years or more after the issuance of the order, or if there is a substantial change in circumstances that warrants modification of the order. In the latter circumstance a party can file anytime after the change of circumstance occurs. In the case of...

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Oklahoma Appellate Court Takes Heat for Dismissing Sodomy Case

April 29, 2016 by

An Oklahoma Appellate court is facing heavy criticism for its decision to uphold the dismissal of a “sodomy” prosecution. For example, see the articles in Salon and Mother Jones. The victim in the case was so intoxicated that she had be carried to the defendant’s car for a ride home.  While in the car and in and out of consciousness she performed oral sex...

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Government Can’t Freeze Legitimate Assets to Prevent Defendant From Hiring a Lawyer

April 14, 2016 by

When a defendant is charged with certain types of crimes, the government can freeze his assets, even before he has been convicted.    This is almost always allowed when the assets in question were obtained through illegal conduct, such as fraud or drug sales.  But in some cases the government can seize the defendant’s innocent assets in order to have...

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Prenuptial Agreements Must Satisfy Court Approval to be Upheld

February 15, 2016 by

The New Hampshire Supreme Court reversed a trial court’s decision that a prenuptial agreement was invalid, holding that the prenuptial agreement should be enforced.  The case at issue was In Re: Marianna Nizhnikov and Alexander Nizhnikov (January 26, 1016). At its core, a prenuptial agreement is a contract and is analyzed accordingly.  However, because of their nature, prenuptial agreements get greater scrutiny...

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Cinderella LIcense

NH “Cinderella” License

January 8, 2016 by

A new law that took effect on January 1st now allows, for the first time in New Hampshire, a conditional license for those under suspension for a first offense Driving Under the Influence conviction. Every state has its own rules about DWI or DUI (it can be referred to as either). If you have a DUI in NH and want...

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Taxes only matter when definite

November 25, 2015 by

Generally speaking NH judges have broad discretion to determine the value of marital property in a divorce proceeding. In the matter of the divorce of Diana and John Wolters, the NH Supreme Court addressed the issue of when a judge can reduce the value of a property based on the future tax liability the parties may incur when the property...

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You can now preregister for a therapeutic cannabis card!

November 4, 2015 by

The NH Department of Health and Human Services has allowed patients to submit applications to be pre-qualified for a Registry Identification Card that will allow the patient to obtain Therapeutic Cannabis. The cards will not be issued until cannabis dispensaries have opened which will likely be some time in 2016. Currently there are dispensaries planned for Merrimack, Plymouth, Dover and...

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When Does Child Support End?

When Does Child Support End?

October 15, 2015 by

One of the most common questions we get is – when does child support end?  A recent New Hampshire Supreme Court case shows how different states will answer this question much differently.  The couple in question — Glenda and Frank Ball — were divorced in Massachusetts in 2005.  Under Massachusetts law, Frank was required to pay child support as long the...

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Police Can’t Sue for Injuries that Occurred During “Suicide by Cop”

October 1, 2015 by

Most of us will never forget the tragedy that occurred in 2012 when the Chief of the Greenland Police Department was killed as he and other officers tried to executed a search warrant at the home of Cullen Mutrie.  Mutrie engaged in a shootout with the police and, after killing the Chief, and injuring four other officers, he killed himself.  The four surviving officers...

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