New Hampshire Recent Legal Answers from Lawyers

 NH law prevents parents from moving farther away from the other parent unless the other parent agrees or the court gives you permission.  This apply whether you are moving out of state or another town in NH.   In most instances, court permission is recommended.  Whether the court will give you permission depends on a variety of factors.  Best wishes.... Read Answer

What you describe is criminal behavior. If the female worker will support that the conversation is forged, you first step is seeing your boss. I assume your company has an attorney who can then advise you both. You'll also want to get a credit monitoring service, which your company may be willing to pay for given the circumstances. I am sorry you find yourself in this spot, but your best move is to get in front of it. The longer you wait, the more it will appear you engaged in wrongdoing. Good luck. ... Read Answer

First, I'm sorry for this accident. Rear-end collisions are far too common. You do have a couple of avenues of recovery. First, your insurance is a good source and they cannot raise your rates if you recover from them. Second, you mentioned a business being involved. If the driver was working for or owned a business, they may have assets you can recover against or may have other insurance that may pay. I wish you luck and suggest you contact an attorney. ... Read Answer

Where do you live now and where do you want to move?  NH law prevents parents from moving farther away from the other parent unless the other parent agrees or the court gives you permission.  In most instances, court permission is recommended.  Whether the court will give you permission depends on a variety of factors.  Best wishes.... Read Answer

Assuming your daughter is as clear with the guardian ad litem as she is with you, then there is a fairly good chance the court will modify the mother's parenting time to everyother weekend or less.  Sometimes children as young as your daughter have difficulty expressing her viewpoints for fear of disappointing the other parent.  It is important that the daughter's concerns are told in the proper manner to maximum the impact it will have on the court. Best wishes.  ... Read Answer

While there is no requirement that a person use a lawyer in a court case, attorneys are knowledgeable on both the law and the court process which has value.  Knowing what the court is going to consider relevant and the best way to present the evidence to the court is important.  If you are going to use a lawyer, it is best that he or she prepare the Petition to make sure the issue is properly framed for the court.  Please let me know if you have any questions.  Many thanks.... Read Answer

Retirement, by itself, does not change the child support order.  The father would need to file a motion to modify the child support order.  If he does, you may argue that he is not entitled to a modification because he is voluntarily unemployed.  If the court feels there is insufficient justification for his retirement, then the court may attribute income to him if the court feels he is voluntarily unemployed. Please let me know if you have any other questions.  Many thanks. ... Read Answer

New Hampshire has a quirk in the law which limits the ability to file for divorce to residents only.  If your wife is unwilling to file, there are several avenues we can explore to address the limitation.  I would happy to discuss the issue further at your convenience.  Many thanks.... Read Answer

If you recently got a decision from the court, then you may be able to file an appeal the decision to the New Hampshire Supreme Court, but there is deadline to filing an appeal so you would need to act quickly.  If you haven't been to court on this issue for awhile and you are considering re-filing, then it is more difficult to assess whether filing is proper without reviewing the prior pleadings and decisions.  Depending on the prior decisions, you may or may not be able to re-file again.  Many thanks,  Kevin Rauseo... Read Answer

The first step would be to make a written request to the father for the payment.  If father does not pay, then you may file a Petition for Contempt.  The court has several remedies available, such as garnishing father's wages, intercepting his federal income tax refund and awarding you attorney fees and costs for his violation.  Many thanks.... Read Answer

While New Hampshire law allows for annulments, the reason to grant annulments are limited to certain grounds.  The following grounds are recognized in NH to annul a marriage: 1) incest; 2) bigamy- one or both spouses where legally married to another person at the time of the marriage; 3) married before reaching the age allowed by law; 4) marriage that did not follow requirements of state law (i.e. no marriage license or not solemnized before appropriate official); 4) fraudulent representation of something essential to the marriage relationship. making impossible the performanc of the duties and obligations of the marriage.  If you file for annulment and the court does not find sufficient cause to establishment an annulment, then you will still need be married and will need to file for divorce.  It is important that you make sure your grounds are strong before deciding how to act.  I have found annulments on fraud grounds to be difficult to establish, while annulments on bigamy to be somewhat easier.  Many thanks,  KevinP. Rauseo, Esquire.... Read Answer

If there is an existing court order on parenting, then you should file an assented motion to modify the parenting plan and included the stipulated parenting plan along with the motion.  You should get your son's father to assent to both the motion and the parenting plan.  I should file a motion to modify child support to reflect the change in the parenting arrangement. ... Read Answer

Upon filing for divorce, you may request the court to order your husband to vacate the home and award you exclusive use and possession of the home pending the divorce.  Unless there is an emergency situation requiring quick action, this make take several months.  Many thanks,  Kevin Rauseo.... Read Answer

There is an automatic restraining order applicable to every divorce filed in NH which limits spending assets.  In light of the restraining order, it is suggested that you seek your spouse's approval in writing to withdraw the funds for the tires.  If your spouse agrees, it is very important to have the approval in writing.  If your spouse agrees, then you may request the court for permission to take the funds from the joint saviings.  Many thanks, Kevin Rauseo... Read Answer

No, a lawyer is not required but is recommended for most cases, especially when the opposing party is represented by a lawyer.    If you cannot afford a lawyer, than you may receive counsel through the DOVE project which offers legal counsel to victims of the domestic violence.  You need to contact your local domestic violence service agency.  To one find an agency close to you, you may call 1-866-644-3574.  You mayalso consider calling the NH Bar Association Pro Bono Referral Service.  Their number is 800-639-5290 or 603-224-3333. Best wishes, Kevin Rauseo... Read Answer

In NH, child support is determined by a formula based on the number of children, the parent's income and certain expenses.  The formula should account for you paying the family medical insurance.  It is important that the numbers used in the formula are accurate.  The child support generated by the formula is presumed to be fair but you have the opportunity to explain to the court why the formula should not be used. ... Read Answer

In New Hampshire, the court makes custody decisions using the best interest of the child standard.  Under this standard, the court looks at a variety of factors to determine the parenting schedule that is in the children best interest.  If you have been active in your children's lives, then a 50/50 custodial is possible.  These cases are fact specific and differ for each family.  If you would like information on the best interest standard, please check of the following link to a blog article:  http://nashualaw.blogspot.com/2014/02/new-hampshire-courts-use-best-interests.html Many thanks.... Read Answer

Assuming that the employer is large enough to be subject to anti-discrimination statutes (generally 15+ employees and engaged in interstate commerce for federal statutes; don't know the requirements for NH statutes) no, unless the pregnancy makes the employee incapable of doing her job (i.e. if the woman was a taster for a liquor company, for example.)  Even then the employer is required to treat the pregnant employee in the same way as it treats other termporarily disabled workers.  For example, if the employer allows leaves of absence for employees who can't work because they broke their legs, it must provide the same leave of absence to a pregnant employee who can't perform their job duties temporarily.... Read Answer

If the parents are married, then the husband is presumed to be the father of the child.  If the parents are not married, then the father only has rights if he either signs the Affidavit of Paternity or  is adjudicated to be the father by the court.  If father refuses to sign the Affidavit of Paternity, mother may petition the court to adjudicate him to be the father. ... Read Answer

NH is an equitable jurisdiction state, which means the court divides assets based on what is fair.  There is a presumption that a 50/50 division of all assets (including assets obtained prior to the marriage) is fair.  However, the presumption may be overcome.  Please check the following blog article for more information:  http://nashualaw.blogspot.com/search?q=short+term+marriage... Read Answer