Categories for Family

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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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. ┬áThe case at issue was┬áIn Re: Marianna Nizhnikov and Alexander Nizhnikov┬á(January 26, 1016). At its core, a prenuptial agreement is a contract and is analyzed accordingly. ┬áHowever, because of their nature, prenuptial agreements get greater scrutiny...

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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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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? ┬áA recent New Hampshire Supreme Court case shows how different states will answer this question much differently. ┬áThe couple in question — Glenda and Frank Ball — were divorced in Massachusetts in 2005. ┬áUnder Massachusetts law, Frank was required to pay child support┬áas long the...

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New Hampshire Supreme Court enforces Turkish custody order and requires American mother to return daughters to Turkish father

November 7, 2014 by Leave your thoughts

Linda Yaman, a U.S. Citizen,  met her Turkish husband, Ismail Yaman, in the United States and they had one daughter in this country before moving to Turkey and having a second daughter.  Linda became suspicious that Ismail was sexually abusing the girls and filed for divorce in Turkey.  After conducting a review, the Turkish courts rejected the abuse claims and...

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New Hampshire Supreme Court upholds postnuptial agreements

August 29, 2013 by Leave your thoughts

Most people are familiar with the concept of a prenuptial agreement, an agreement between a couple planning on getting married about how issues such as division of property will be resolved if they are ever divorced in the future.  Less well known, but increasingly common are postnuptial agreements.  Like a prenuptial agreement, a postnuptial agreement determines how issues relating to a...

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