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...
Read More 🡒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...
Read More 🡒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...
Read More 🡒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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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...
Read More 🡒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...
Read More 🡒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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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...
Read More 🡒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...
Read More 🡒David Mark worked for a mortgage company that was being investigated by the FBI for fraud.  He decided to contact the FBI and tell them what he knew, even though he himself had committed some crimes.  During the interview, during which Mark did not have a lawyer, the FBI told him that as long as he cooperated, he would not...
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