Archive for the ‘for Consumers’ Category

How is child support determined?

Wednesday, February 1st, 2012

Generally, one parent pays support (with rare exceptions), and may have to maintain life and health insurance. Child support is based on a complicated formula called the Guidelines. To get a rough idea of what that support will be, use this method: take the gross (all) of the supporting parent’s income, subtract taxes and the cost of the health insurance covering the child, then apply to that figure the following percentages to estimate the amount of support:

   •    One child: 25 percent of net income

   •    Two children: 33 percent of net income

   •    Three children: 40 percent of net income

   •    Four or more children: 45 percent of net income

This is a simplified method for estimating child support! You must use the official forms and charts to set the accurate amount.

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What about “custody?”

Wednesday, January 25th, 2012

New Hampshire has abolished the concept of “custody” in divorce. Instead, the parental rights and responsibilities of both parents are spelled out in a parenting plan. One aspect is decision-making responsibilities for the child, including educational, medical, and religious decisions. After a divorce, or an unwed parenting case, most parents continue to have joint legal decision-making responsibilities.

Another part of the parenting plan is the parenting schedule, spelling out when each parent will have responsibility for the child or children. If the court decides the parenting schedule, the test is what is in the “best interest” of the child. There is no preference for mothers or fathers. Most parents work out the parenting plan, including the schedule. In recent years, more and more families have chosen parenting schedules that share the children on a 50/50 basis, or close to that.

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How do divorce and other family issues get resolved?

Wednesday, January 11th, 2012

 There are five ways of resolving disputed divorce and parenting issues:

   •    Informal discussion between the spouses

   •    Mediation with a trained, impartial person

   •    Collaborative practice with trained lawyers

   •    Negotiation by lawyers

   •    A decision by the court, after a contested hearing

Because the terms of the divorce orders may affect the family for many years, it is wise for the couple to come to an agreement by themselves, or with the help of a mediator, or through their lawyers, before the final hearing. Most couples can make some, but not all decisions by themselves. After all, many couples divorce because of their inability to communicate. Mediation and collaborative practice are decision-making choices that can improve communication. Mediation works well for many couples, and may be ordered by the court. Collaborative practice suits others who wish both to make their own decisions and to have the active involvement of their lawyers.

Negotiation through lawyers is the route traditionally chosen by couples. Most people work out, through their lawyers, the written agreements that become the basis of the divorce. Approximately 10 percent of divorce cases are decided by the court after a contested hearing.

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What are the issues in a divorce?

Wednesday, January 4th, 2012

 People rarely fight in court about whether or not there will be a divorce, because the court virtually always grants it. If divorcing spouses disagree, it is usually about one or more of the following legal issues:

   •    Parental rights and responsibilities (parenting)

   •    Child support

   •    Alimony

   •    Asset and debt division

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No-fault or fault?

Wednesday, December 28th, 2011

In New Hampshire, the legal basis for a divorce may be either no-fault or fault. A no-fault divorce is based on “irreconcilable differences” which have caused the “irremediable breakdown” of the marriage or civil union. This means that the legal relationship has so broken down that one or both spouses are unwilling to continue it.

Examples of grounds for a fault divorce are: adultery, extreme cruelty, and endangering health and reason. Examples of rarely used grounds would be abandonment for two years, or joining the Shakers. Approximately 1 percent of New Hampshire divorces are granted on fault grounds. Some divorces are filed on fault grounds, but later the couple agrees to a no-fault divorce. In my experience, fault divorces are more expensive, take longer, and make co-parenting more difficult.

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How to file income taxes while going through divorce.

Thursday, December 11th, 2008

Your choices of “filing status” are tied to whether you are still married on 31 December of the tax year. If you are, you may file jointly or married filing separately. If either of you (or both of you) have provided a home for minor children for more than half the year, you may use the favorable “head of household” status.

Generally, filing jointly results in the least amount of taxes. It also avoids the need to sort out deductions and exemptions for a year in which you handled finances jointly.

There are reasons NOT to file jointly:

A. You are concerned that your spouse may not accurately report either income or expenses. This may be a concern if your spouse is self-employed.

B. You will get a larger refund by filing separately.

C. You will owe less taxes by filing separately.

Reasons B and C can sometimes be negotiated. For example, if a joint return would mean an $800 refund but you would get a $500 refund filing separately, you could agree to file jointly if your spouse agrees that you get $500 from the refund. Why would your spouse agree for you to get more than half the joint refund? Because he or she might owe taxes if file separately.

How can you learn how your taxes would turn out, depending on the “filing status”? Either use tax software and figure out the refund (or taxes) under two or more filing statuses or get a CPA or other tax preparer to do it. A agreement about how to file and split the refund (or tax) should be written down and signed by you and your spouse.

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What is family law in New Hampshire?

Monday, August 25th, 2008

In New Hampshire, “family law” is a very general term covering divorce, parenting (formerly custody), support, domestic violence, paternity, after-divorce, same-sex relationships, grandparents’ rights, interstate disputes, juvenile delinquency, abuse and neglect, CHINS (Children in Need of Services), adoption, and guardianships of minors cases. Some would also include in family adult guardianships, probate estates, and name changes.

Only a few lawyers regularly handle all of these types of cases. Most New Hampshire family law attorneys focus their practices on a subset of the larger group, such as:

A. Divorce, parenting, support, paternity, after-divorce, and domestic violence; or

B. Juvenile delinquency, abuse and neglect, and CHINS; or

C. Adoption and guardianships of minors.

Some lawyers limit their practices to just one area, such as domestic violence, same-sex relationships, or appeals of family law decisions.

If you need a lawyer for a family law problem or case, be sure to select one who regularly handles that sort of family law matter. If your issue is a specialized one, such as interstate or international parenting issues, you may have to do more research to find a knowledgeable lawyer. Even within the topic “divorce” there are subspecialties such as divorce involving a small business, relocation of one parent, and parenting schedule.

Some New Hampshire family law attorneys focus on assisting clients to settle disputes and others primarily litigate (go to court). It is important to have a lawyer whose approach you prefer, as well as one who is experienced in your type of case.

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Who is the father?

Wednesday, August 13th, 2008

The father may be the biological father or a man legally determined to be the father.

When a child is born to an unmarried mother, she and the father are encouraged to sign an affidavit of paternity, swearing that he is the father. This often happens at the hospital.

When a married woman gives birth, the law presumes that her husband is the father. If both spouses and another man agree that the other man is the father, they may all sign an affidavit of paternity swearing to that fact. The other man is then legally the father.

The courts may designate the father in an adoption or in a paternity case. The New Hampshire Supreme Court recently said that if the mother has named a man as the father of her child, signed an affidavit of paternity, sought and received child support, he is legally the father, even if genetic testing says that he is not.

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Parenting Coordination Helps When the Fighting Continues

Wednesday, July 16th, 2008

Parenting Coordination is a new dispute resolution method for divorced parents and other parents who have a parenting plan or other final order. The purpose of parenting coordination is to assist the parents in carrying out the parenting plan (or other court order about the children) and thus minimize the risk of returning to court. The long-term goal is enable the parents to co-parent without the coordinator.

There are 3 key functions of a parenting coordinator:

1. Education

2. Mediation

3. Arbitration

Parenting coordinators are appointed by agreement of the parents. The specifics agreed to become part of a court order that spells out the parenting coordinator’s role and payment of fees.

The arbitration (decision-making) power of the parenting coordinator is limited to disputes about carrying out the parenting plan and other minor parenting issues. The parenting coordinator may NOT change primary residence, the amount of child support, or other key issues that only a court may decide.

For more specifics on parenting coordination, see my website and The Parenting Coordinators Association of New Hampshire website.

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Changing your Divorce Orders or Parenting Plan

Thursday, July 10th, 2008

Are you looking to change your New Hampshire divorce or parenting case orders? There are 2 possible routes:

 1. Try to resolve matters with the other parent or former spouse.

 2. Ask the court to change the orders.

 Most parenting plans (required as of October 2005) and some divorce agreements state that, before going to court, the parties will try to work out any disagreement. Some say that they will seek the help of a neutral third party. See paragraph H of the court’s standard Parenting Plan.

 If you agree on how to change the order, you may just file the agreement at court. (Since the court is a government branch, certain forms must be completed.) The court will approve the change.

 If you are not able to agree on the change, even with the help of a mediator or other neutral person, you can file a “Petition to Change Court Order” available at or your local court. Paragraph 5 of this petition asks you to describe what you have done to resolve matters before filing the petition. If the parenting plan or agreement said that you would do this, the court may not help you until you do.

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