Pets in the Family

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    Cathy McKay and the Woman to Woman Project

    In the modern legalized world, sometimes people simply need help, advice, or education. However, many people often lack the basic means to receive such guidance. Through their kind deeds, volunteers help these people by devoting their time and providing their knowledge and expertise to those that desperately need it. Cathy McKay is one such volunteer. Apart from the countless other activities, boards, and volunteer work she participates in, Cathy is a member of the New Hampshire Woman’s Bar Association (NHWBA). The NHWBA, in conjunction with the New Hampshire Department of Corrections, developed and runs the Woman to Woman Project. The Project is focused on extending the NHWBA’s goal of “[promoting] the advancement and interests of women in the legal community through leadership, professional interaction, education,…

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    New Hampshire’s New Child Support Guidelines

    New Hampshire made substantial changes to the way we calculate child support in the Granite State. Generally, the way child support is calculated is to take the person owing child support’s net income and then take a percentage of that net income as child support. Traditionally, this was 25% for one child, 33% for two children, and 40% for 3 or more. With the new changes, these figures can change fairly dramatically. Here are the 2022 New Hampshire Child Support Guidelines tables (PDF). As you can see, gone are the round numbers we used previously, and instead, we have more defined figures based on each parties’ income. The more you make, the less percentage is taken out of your income. The problem that was being…

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    Modifying Your Parenting Plan In New Hampshire: Case Law v. Statutes

    In 2009, a decision was reached by the New Hampshire Supreme Court In the Matter of Muchmore and Jaycox. The decision was based on the modification of parenting plan statute, titled RSA 461-A:11. At the time Muchmore was decided, the statute provided that only a substantial change in circumstances could justify a change to the parenting plan. In Muchmore, the father petitioned for a change in the parenting plan because it was in the best interests, he posited, of the minor child. The lower Court decided that a modification was appropriate, and granted his request. Our New Hampshire Supreme Court reversed, citing a strict application of the statute. The result was frustration by legal minds around New Hampshire, as the bar to hurdle for a…

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    The Supreme Court Strikes Down Portion of Defense of Marriage Act (DOMA)

    In the now-famous case, titled United States v. Windsor, the U.S. Supreme Court examined the 1996 Defense of Marriage Act to decide whether a portion of the act was unconstitutional. Specifically, the U.S. Supreme Court was deciding whether Section 3 of the act, which functionally denied federal benefits for same-sex couples, was constitutional. Ms. Windsor was married to her partner, and when her partner died, she was denied the exemption for spouses under federal law for estate inheritance. She was forced to pay over $300,000.00 in taxes to the federal government under DOMA, and she filed a lawsuit to contest this provision. Over the years, the case wound its way through our Appeals circuits and found its way in front of the Supreme Court. The…

  • Important Potential Change to iMessaging

    Text messages are a common exhibit for family law cases. At times, 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. No matter how they are used, the fact remains that text message images are a steady source of exhibits in family law cases. Accordingly, it’s really important that potential family law litigants be aware of Apple’s potential modifications to their iMessage app. First, it’s important to say that as of writing this blog, Apple has not officially said what their modified features are going to look like…

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    Can You Get Divorced Without Ever Being Married?

    In a recent case decided on January 13, 2012, the New Hampshire Supreme Court decided that very question. The case is titled In the Matter of Mallet v. Mallet, and it involved a couple that had lived together for almost fourteen years. This was no ordinary unwed couple, as they had children together, repeatedly told others they were married, wore wedding rings, owned property together, shared the same last name, and even told people they had participated in a wedding ceremony. The mother, Tami, petitioned for divorce and argued that they were married by “estoppel”. Estoppel is a legal concept that involves three basic factors: (1) a knowingly false representation or concealment of material facts; (2) a recipient who was ignorant of the truth and…