Family Law

  • Basics of Family Law Appeals

    ByRory Parnell Hours

    Final family law decisions, such those that come from initial divorce and parenting orders can have lasting consequences. When a party believes a trial court’s decision was made in error, an appeal to the New Hampshire Supreme Court may be appropriate. However, appeals are not new trials. Appeals focus on whether the law was applied correctly. There are some core things you should know about family law appeals. Mandatory vs. Discretionary Appeals New Hampshire distinguishes between mandatory and discretionary appeals. Final divorce decrees are typically mandatory, meaning the Supreme Court must hear them. In contrast, many post-divorce matters, such as modifications of parenting plans or support, are discretionary and may be declined. Discretionary appeals will typically deal with clearer errors or novel points of law….

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    REMEMBER TO PRACTICE 12 DAYS OF CO-PARENTING CALM

    ByRory Parnell Hours

    I came across a wonderful blog called “12 Days of Co-Parenting Calm” written by Deb Gilman and posted on the International Academy of Collaborative Professionals website. You can find that blog here:  12 Days of Co-Parenting Calm. As I read this blog, I am reminded that the holidays are supposed to be fun and joyful for children! When parents are going through a divorce/separation or are already divorced, it can be difficult to remember this important fact. Adding stress or chaos to your children’s lives by engaging in conflict with their other parent removes the fun and joy the children should be experiencing over the holidays. As you go through the holidays this year, please try to remember the importance of calm. Your children will benefit…

  • PARENT CLAIMS HE DOESN’T OWE BACK CHILD SUPPORT WITHOUT A CONTEMPT FINDING: NH SUPREME COURT SAYS HE’S WRONG

    ByRory Parnell Hours

    The NH Supreme Court recently had the opportunity to answer the question of whether a parent can be found to owe back child support when they are not found in contempt in a case called In the Matter of Curtis, 2025-0007. Contempt is often found when a party to a case has not complied with a Court order. Failure to pay child support under a court order often can lead to a finding that a parent is in contempt of that order. In the Curtis case, the parties are the parents of four minor children. The mother registered a child support order issued by another state in New Hampshire and although the case is not clear on this, appears to have filed to modify or…

  • Parenting Issues: Common Challenges Post-Divorce

    ByRory Parnell Hours

    As a marriage breaks down, divorcing parents have their family dynamics fundamentally change. The parties’ children bear the brunt of this impact. As their parents try to navigate the end of a phase of their lives, the children often get swept up in changes of what they have known their entire life. Co-parenting requires a thoughtful approach rooted in communication, flexibility, and a commitment to the well-being of the children when parties aren’t getting divorced. After divorce, these principles must be considered even more. 1. Communication Arguably the most common post-divorce parenting issue is poor communication between co-parents. When conversations are argumentative, strained or avoided, misunderstandings and resentment occur. It’s essential to maintain open, respectful, and child-focused communication. This blog has emphasized the use of…

  • Child Support – Modification and Private Agreements

    ByRory Parnell Hours

    Child support is a very common area of conflict in family law cases. Whether you are an unwed parent, or whether the parties have been married, so long as parents have minor children, the court must address the financial component of the children’s welfare. Whether by agreement, or after a final contested hearing, child support is ordered through a form called the Uniform Support Order. Child support can be modified for a substantial change in circumstance or every three years from the date of the last order. However, child support cannot legally change without creating a new Uniform Support Order. Remember, a Uniform Support Order is still a court order. It cannot be simply disregarded by the parties without the Court’s consent. This is especially…

  • “GRAY DIVORCES”: 6 THINGS TO CONSIDER BEFORE DECIDING TO LEAVE A LONG-TERM MARRIAGE

    ByParnell, Michels & McKay Law Offices Hours

    Many recent articles and news reports have focused on the topic of a “Gray Divorce.” Although there is no real definition, the term is intended to refer to couples over the age of 50 getting divorced. Although the percentage of couples getting divorced has dropped overall, the percentage of couples over the age of 50 (or 60) is increasing. If you are over 50 and have been in a long-term marriage (especially over 20 years), there are important issues you should consider before making the decision to get divorced. Have you been working outside the home for most of your marriage? If not, the financial impact of this divorce could be devastating as your income will be significantly reduced. It may be too late in…

  • iMessaging Update – Family Law

    ByParnell, Michels & McKay Law Offices Hours

    This blog previously wrote about iMessaging changes that were coming to iOS devices. Family law matters frequently utilize text messages as exhibits during hearings. As we mentioned in that blog, text messages can be a strong barometer of truth, as future litigants send text messages to one another not thinking that a third party may read them some day. For others, it’s evidence of other party’s volatile emotional state, or inability to communicate about coparenting issues. Accordingly, it important that we update family law litigants about “unsending” and editing messages on all new versions of iOS. All of Apple’s details can be found here on its support page. In our 2022 blog, we were concerned that Apple did not provide any forensic record on iMessage…

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    You May Not Want to Transfer Your Assets into Your Adult Child’s Name

    ByParnell, Michels & McKay Law Offices Hours

    Many elderly persons consider putting their assets in their children’s names to bypass probate. While there can be valid tax reasons to transfer some assets while you are alive, there are many reasons why this may not be a good idea. Gifting assets to an adult child may create tax issues. Currently, when you give someone other than your spouse more than $17,000 in one year, you may need to file a gift tax return. Also, assets passing to adult children in probate or through a trust after your death are transferred to your beneficiaries with a stepped-up basis. In other words, a stepped-up basis means that your children’s basis for tax purposes would be the value of the asset upon your date of death….

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    What is dognapping and is it any different from general theft?

    ByParnell, Michels & McKay Law Offices Hours

    Written by Shea Briody Surprisingly, New Hampshire is one of the 15 states who have statutes for dognapping. Traditionally, dognapping has gone under the general crime of theft, which when defined means when a person intentionally takes another person’s property without their consent. Under New Hampshire Revised Statutes Annotated (RSA) it is enumerated under Title LVII, Chapter 367-Theft, Section 637:2-Definitions. Dognapping, however, is listed as a person intentionally taking someone’s dog without consent. As dognapping has become an increasing problem, states are still in development of specific laws regarding dognapping. So, in the meantime, legislation has put dognapping under the category of larceny. By definition, larceny is illegally taking away someone else’s property with intent to deprive said person of that property. In a dognapping…

  • What is the Attorney-Client Privilege?

    ByParnell, Michels & McKay Law Offices Hours

    Many people come to our office for their initial consultation and bring a friend or family member with them. While this makes sense to most people, to provide another set of eyes and ears, and also, to provide support and encouragement, it would violate the attorney-client privilege. The attorney-client privilege protects confidential communications between a lawyer and their client that relates to the reason the client consulted with the attorney. The privilege extends to all information exchanged during the communication including verbal discussions, written letters, emails, text messages, etc. If a client has confidential communications with an attorney, that communication is protected and cannot be disclosed by the attorney to anyone. Likewise, the client cannot be forced to disclose the confidential communication to anyone either….