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Child Support Is Not Automatically Reduced When One of Multiple Children Reaches Majority

February 15, 2018 by Leave your thoughts

Wendy and Michael White divorced in 2003. The judge ordered Michael to pay child support for their two children. Their older child was 18 and graduated high school in 2014. By New Hampshire law, therefore, there was no longer a support obligation for the older child after he graduated. If there was only child, Michael’s payments would stop automatically. But...

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Child Support When There is Equal Custody

Child Support When There is Equal Custody

January 14, 2018 by Leave your thoughts

Child Support Guidelines Heath Gosselin filed to reduce the child support to his ex-wife, Kathryn Page. In NH child support cases, the first thing the Judge always has to do is calculate the “guidelines“. Using the income of both parents, and tables provided by law, the Judge figures out the guidelines number. The Judge should start with the presumption that...

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No Contact Orders

No Contact Orders As Part Of Restraining Orders And Bail Conditions

January 3, 2018 by Leave your thoughts

ATTORNEY CRIMINALLY CHARGED In the opinion of Gallant’s Case, issued December 29, 2017, the New Hampshire Supreme Court upheld the suspension of Attorney John F. Gallant from the practice of law. The case demonstrates the intersection between family law and criminal law. Attorney Gallant represented his former law partner whose ex-girlfriend obtained a restraining order against him. Attorney Gallant was...

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DMV Decision to Require an Ignition Interlock Device

December 15, 2017 by 2 Comments

Patrick Roland pled guilty to DWI. Although he had a prior DWI on his record, the plea bargain changed it to a “first” offense. This is a common plea bargain in DWI cases. From the prosecutor’s perspective it avoids the time and expense in taking the case to trial. The prosecutor also eliminates the risk of losing with no conviction...

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A Case Concerning Pretrial Credit

December 4, 2017 by Leave your thoughts

Pretrial Credit Case In the recently issued opinion of State v Theo Bosa the New Hampshire Supreme Court had occasion to clarify how pretrial credit should be calculated when a defendant has charges pending in different courts. Theo Bosa was charged with a felony level assault of his girlfriend in Superior Court. He also had warrants that the police discovered...

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When One Spouse Dies in the Middle of a Divorce

November 14, 2017 by Leave your thoughts

Dying For a Divorce Arthur and Patricia Sweatt were going through a divorce after 36 years of marriage. Sadly, Patricia was also terminally ill. In the middle of their divorce, she filed a motion to “bifurcate” the proceedings. What this means in plain English is that she wanted to have the divorce made final while she was still alive, even...

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Witnesses in a Foreign Country

October 15, 2017 by Leave your thoughts

Three Hung Juries One of New Hampshire’s most convoluted murder cases is going forward. Back in 1988 the police charged Anthony Barnaby with stabbing two women to death. Prosecutors tried Barnaby three times in 1989 and 1990. Each of those trials, however, ended in a hung jury. This means at least one juror did not find Barnaby guilty. Back then,...

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Bad Fences Make Bad Neighbors

September 14, 2017 by Leave your thoughts

We here at Cohen & Winters don’t practice land law.  A recent New Hampshire Supreme Court decision, however, provides an interesting look at how you can lose your property rights if you aren’t careful. Trouble in Paradise The McKay family has had property in Hampton, near the beach, since 1963. In 1993 they put up a fence between their property,...

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Alimony is Unpredictable

August 16, 2017 by Leave your thoughts

“Got those alimony blues And I sure got to pay some dues” -T. Bone Walker, 1975 Long-Term Marriage In 2014, after over thirty years of marriage, Leslie and Harry Dow divorced. For most of the marriage Leslie worked at a preschool earning up to $21 per hour.  In 2010, however, she and her husband agreed she would quit her job...

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How many DWI/DUIs do you see?

August 2, 2017 by Leave your thoughts

On August 1st, 2017 the New Hampshire Supreme Court issued an opinion reversing and vacating, in part, two convictions for aggravated driving while intoxicated (DWI) for James Fogg. Mr. Fogg was operating his vehicle in Concord while under the influence of drugs. He crashed into another vehicle causing serious bodily injury to both occupants. The State elected to charge him...

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