Family Law

  • COVID-19 Child Support and Alimony Modifications

    ByParnell, Michels & McKay Law Offices Hours

    Pursuant to the State of New Hampshire’s orders due to concerns about the COVID-19 outbreak, many businesses are shut down and employees are out of work. While the federal and state governments are working on stimulus packages and the expansion of unemployment benefits, parties that are subject to Court orders for child support and/or alimony may want to take some additional steps.NH RSA 458-C:7 permits parties to seek a modification of a child support order any time there has been a substantial change in circumstances. The modification can become effective on the date a party has provided “notice” of the request to modify to the other party. “Notice” means service on the other party or acceptance of service by the other party.NH RSA 458:19-aa permits…

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    Is Divorce Seasonal?

    ByParnell, Michels & McKay Law Offices Hours

    ‘Tis the Season for Divorce?Research from the University of Washington has suggested that divorce filings in some states consistently peak in the months of August and March. The study noted that divorce filings may be driven by a “domestic ritual” calendar and suggested that the increased filings may be the result of unhappy spouses realizing that the holidays or vacations did not live up to their expectations. Unhappy couples often think that holidays or vacations are good times for them to mend their relationships. They seem to develop an optimistic approach thinking that things will be better in the relationship if they have a nice holiday or vacation together, as a family.In New Hampshire, the attorneys at Parnell, Michels & McKay have experienced a similar…

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    Divorce: A Personal Perspective

    ByParnell, Michels & McKay Law Offices Hours

    With almost 50% of all marriages in the United States ending in divorce or separation, most people you encounter will have one ‘crazy’ family story or another. Sadly, when I was 13 years of age, my parents decided it was time to end their marriage and get a divorce. At the age of 13, I did not fully understand why they were leaving each other and the circumstances around it. Nothing too bad was going on, in reality, they just weren’t in love with each other anymore and wanted to separate. Of course, they had their moments, but from what I have seen throughout my life, most divorces are very difficult.At such a young age, my parents did not expose me to the legalities surrounding…

  • Adoption A Personal Perspective

    ByParnell, Michels & McKay Law Offices Hours

    Adoption is about what is best for the child not what is best for the parents. As the law states, a child’s needs should come first, or better put, the best interests of the child should come first. The best situation for a child is sometimes to be adopted into a stable home. Financial security and the love of caring parents are both important to a child’s development. The time spent raising a child affects how the child behaves, feels, and ultimately interacts with the world as the person they become. Many factors play into the decision of what is best for the child. It can be hard for birth-parents to give up their child, but adoption can sometimes be in the best interest of…

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    Considering Premarital Cohabitation In An Equitable Division of Property

    ByParnell, Michels & McKay Law Offices Hours

    In August of 2016, the New Hampshire Supreme Court issued a decision In the Matter of Munson and Beal which gives the Court the clear ability to consider the parties’ premarital cohabitation in the determination of an equitable division of marital property.Every discussion about the division of marital property begins with what is marital property. Many clients come into our office with the belief that assets titled to that party individually or assets that the party brought into the marriage are not marital assets. This is wrong. In New Hampshire, RSA 458:16-defines marital property as all assets titled to either party individually or to the parties jointly. This means that all assets are marital assets, no matter how they are titled. The statute also requires…

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    Guardianship of Minors and the Opioid Crisis

    ByParnell, Michels & McKay Law Offices Hours

    The Opioid Crisis has gripped our nation for several years. However, news agencies and governmental bodies have only begun taking steps in recent years to help stem the tide. This past summer, New Hampshire made waves for becoming the first state in the country to provide grandparents preferential treatment to obtain a guardianship over their minor grandchildren when the parents suffer from substance abuse. The law came into effect on January 1, 2018.The framework for Guardianship Law in New Hampshire can be found in RSA 463. New Hampshire Law provides for two forms guardianships: Person or Estate. Guardianship of another’s person means the Guardian is responsible for decisions ensuring the safety and well-being of the child as aligned in accordance with the child’s best interest….

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    Closing of Supervised Visitation Centers Complicates Contested Parenting Cases

    ByParnell, Michels & McKay Law Offices Hours

    The Greater Nashua Supervised Visitation Center is expecting to close its doors at the end of the year due to a lack of federal funding. This closure further reduces the options available to parents needing supervision of their parenting time. Since the 2014 closing of the Manchester YWCA supervision center, only a handful of supervised visitation centers remain in New Hampshire. In 2016, Focus on Families opened in Manchester, filling part of the void. However, due to the limited hours each of the centers offer for supervision services, there is often more cases needing supervision than time available to supervise. With the closing of the Greater Nashua Supervised Visitation Center, the shortage of available supervision will only increase. Supervised visitation centers serve an important role…

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    Co-Parenting Dos and Don’ts

    ByParnell, Michels & McKay Law Offices Hours

    Several months ago, this blog discussed the value of good co-parenting. All too often, the media plagues its consumers with disheartening narratives like the vindictive ex-wife or the deadbeat dad. Unquestionably, Family Law is a field bursting with deep-seated emotions. The most important thing for any parent is their child. Parents want to make sure their kids are safe and secure, both financially and physically. Parents want to ensure their children grow up healthy, happy, and successful. They want a better life for their children. In fact, what is often lost in the media’s tropes are the impact such narratives have on children. These tropes can arise from toxic co-parenting. A consistent and constant problem in a number of cases before New Hampshire’s Family Courts…

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    Co-Parenting: Sacrificing Your Own Desires for the Betterment of your Child

    ByParnell, Michels & McKay Law Offices Hours

    Family Law is arguably the legal profession’s most volatile field. Certainly, there are a number of other fields that could vie for this claim. Intellectual Property law is in constant flux, there is often palpable tension at Real Estate closings, and in Criminal Law, individual freedom often hangs in the balance. However, it is in the realm of Family Law that those with deep emotional hurt must plot out the remaining years of those who are most important to them: their children. All too often, individuals are blinded by their disgust and anger with their ex-partners to properly address co-parenting. Are there times when a parent effectively has chosen to alienate themselves from their child? Unfortunately, that answer is sometimes yes, but a significant majority…

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    What Is Recrimination and How Does It Affect Adultery Divorces In NH?

    ByParnell, Michels & McKay Law Offices Hours

    Divorce is an area of family law that frequently delves into the sensitive foundation of the parties’ relationship. Some clients come in emotional, hurt, and raw, looking to determine the exact cause of their divorce. However, fault-based divorces are difficult to prove in and of themselves. Moreover, parties must prove that the alleged fault was the exact and only cause of the breakdown of the marriage. Even when the parties are convinced they can achieve a fault-ground divorce (like adultery), there are a number of traps and pitfalls for potential Petitioners. The defense of “recrimination” is one such example. As a practical matter, this defense is frequently conjoined with a cross-petition for a fault-ground divorce to help support this legal defense. In August of 2016,…