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COVID has made seeing my child nearly impossible due to my new wife’s high risk pregnancy but..

Q. COVID has made seeing my child nearly impossible due to my new wife’s high risk pregnancy.  My ex wife is holding this against me.  Now that NH has relaxed the restrictions I want to see my child but my ex is saying that I have forfeited my rights.  How can I handle this?

Continuity in parenting time, and a parent’s relationship with his/her child, is so important.  Our Chief Justice has said from very early on in this process that COVID-19 itself is not a reason to withhold parenting time and that all parenting time should continue unless there is a court order dictating otherwise.  I would first approach your former spouse and explain what measures have been taken for health, social distancing, etc., requesting that parenting time resume.  If the refusal continues, file a motion with the court to enforced the parenting time and for contempt of the court’s order awarding the time.

Child Support and Attribution of Income

I hear this statement a lot (more out of frustration than anything else):  “You can’t get blood from a stone. I will just quit my job and she won’t get any support!”   It sounds like the perfect move in theory.   Too bad that it is not true!  Child support and...

Parenting During COVID-19

How do I handle parenting time during COVID-19 and a stay-at-home mandate? The world is abuzz amidst COVID-19 and daily life seems to have changed for most of us. In fact, it's continuing to change on a regular basis.  This is a new situation - one that we have never...

When Children Take on Parenting: After Effects of Divorce

The son of recently divorced parents finds Mom crying in the kitchen.  "What's wrong, Mom?" he asks.  "Your Dad doesn't love me.  He has a  new girlfriend. How could he do that to us?"  The boy is angered and hurt.  He hugs his mother as she cries.  He consoles her in...

Massachusetts Complaint for Contempt – Serve that Summons!

Many times a case gets dismissed for failure to provide adequate notice to the other party that a complaint has been filed.  This is because the the other party has a right to be given notice of any actions taken against them or that they are named in a proceeding. ...

Child Support: Two Part Series on Common Issues – Intro

Certain questions become very common in the practice of divorce and parenting.  Particularly with the commonality of changing jobs more often than in the past and second marriages and/or new relationships post-divorce, issues rise that may not have been an issue many...

Marital Property: What is it?

Far too often I meet with a client for consultation who is concerned that a certain asset is not a marital asset because it is not “in [their] name.” A client may say “well, we have a home but it is in his name only” or “I don’t have a retirement account, but she...

The Safe Driving Law in Massachusetts

There is a lot of press recently about texting while driving all over our country but particularly in the Commonwealth of Massachusetts. Many states have banned texting while driving. There are commercials on TV about texting while driving. There are signs on the...

Can My Childs Dad Go To NH Court for Physical Custody?

Question: I am moving to NH can my childs dad go to NH court and try and get 50 physical custody? He has shared legal right now. Answer: If you have an order, it might address this issue. Look within it to see if it talks about either party moving his or her residence...

Can I Stop Him From Selling Our Home While Child Is Still in School?

Question: My husband moved out of our home two years ago and moved in with another woman. We have guardianship of my granddaughter who will be graduating from high school in 2018. she is going to be going to college after she graduates. My husband said that as soon as...

Prenuptial Agreements: Why Would I Want That?

It's hard to think that a divorce might happen when you are in the midst of planning your marriage and happily dreaming about the rest of your life, isn’t it?  How do you plan a happy life while deciding what to do if it all goes south?  The problem is that most...

Am I Going To Jail for Shoplifting?

Many times I speak to a new client that is charged in a criminal case and their main concern is “am I going to jail?”   That is a logical question when you commit a criminal act.  It is entirely dependent on a number of key factors. Let me guide you through the...

Can I have an attorney for mediation?

    Often I have people consult my office that either want to or have agreed to attend mediation (through a court process or otherwise). They tell me that they can “work it all out” or that they “don’t want to argue.” Often people tell me that they...

Why Do I Need an Estate Plan?

Recall in our first article on estate planning that we introduced you to some general information question about estate planning.  Let’s start our series out now with a very basic question: Why do I need an estate plan? This is a very reasonable question! I think that...

Massachusetts Divorce: “What’s this going to cost me?”

   Whether you’re the husband or the wife, the bread winner or the stay-at-home parent, cost is typically a factor in consideration of a divorce. At some point during every consultation, a person turns to me and says “So, what’s this going to cost me?” My response is...

For my Massachusetts Divorce, do I need my marriage certificate?

In Massachusetts, when you file a Complaint for Divorce, you must also file a certified copy of your marriage certificate. You may want to keep your copy or you may not have it. So, how do you get one? This is an easy issue to resolve. Contact the city hall in the...

Surviving Divorce Through the Holidays

Happy Holidays! – even during divorce. ​“It’s the most wonderful time of the year!” During a divorce, or even after a divorce, the holidays can be a very difficult time of the year. Since the holidays are upon us, here are a few pointers to keep your kids happy, save...

Substance Abuse and Parenting

A parent or other caregiver with an alcohol or drug addiction has a profound impact on their children.  Substance abuse and parenting are more common than most people realize.  Unfortunately, the parent does not always see that his or her behavior is harmful or won’t...

Who Gets the Engagement Ring?

The contemplation of marriage, instituted by the engagement of the parties, traditionally brings with it an engagement ring given from one to another.  Some have sentimental value:  engagement rings are handed down and are often heirlooms.  An engagement ring may have...

Should my Ex’s New Girlfriend/Boyfriend visit with my child?

You’ve separated from your partner and he now has a new girlfriend. He sees nothing wrong with that girlfriend being present during visitation with your kids. You think that she should not be there. You are not alone. This is a very common issue in the world of...

Arsdale Appeals and Alimony

Recently two new cases came down from our SJC that you should be aware of, both relating to alimony. The first, SUSAN VAN ARSDALE vs. WILLIAM VAN ARSDALE, focused on the constitutionality of durational limits of alimony applied retroactively.* To examine the...

How to Complete a Financial Statement

One of the biggest concerns in family court is the creation of a financial statement (or in New Hampshire, a financial affidavit). I see clients stress day after day about the information to include, the necessary documents and the mandated disclosure. Here are some...

Can I stop paying my child support without going to Court?

Often things happen that makes a parent think that they are no longer required to pay child support. A daughter joins the military. A son drops out of college. A child graduates high school and is going to college part time and working part time but still living with...

The New Tax Bill & Alimony

It's a new year and we thought we would start it off with an article about something that's been all over the news for weeks - the new tax bill.  Some love it.  Some hate it.  Some have no idea that there is a new tax bill.  One thing is for sure: there will be...

Why Do I Need a Trust?

Welcome back to my series on estate planning. I hope that our articles have been helpful and informative. If anything else, I want to spark thought on this topic and help you begin deciding what you’d like to see happen when you are gone. Okay, let’s get to Trusts! I...

Five Tips for Attending Court

Often I am asked "what do I wear?" or "is there anything that I need to know about going to Court?" Below are tips for attending Court that I find rather useful. 1. Dress appropriately. It is not necessary to wear a suit or formal outfit to Court. Wear an outfit that...

Parental Rights – Surrender vs. Termination in NH

Being a parent is one of the most wonderful gifts in the world.  As such, Courts are reluctant to come between a parent and a child.  However, there are times when the court will remove a parent's rights.  This is known as a termination of parental rights.  There are...

Fight For Your Right – For Child Support

I get calls from clients on a regular basis who ask me if they should "go after" child support.  Some clients are preparing for a divorce, some are previously divorced and others are parents who were never married.  There are a couple of things to point out here. If...

Family Law: How to Choose Your Attorney

Your family is the most important thing in your life.  Whether you are facing a divorce or a custody battle or a child support dispute, you want to have the “right” attorney by your side through this very difficult process.  So, how do you decide?   Here are some...

2017 Child Support Guidelines – Overview

As most of you know, the new version of the child support guidelines has now been released and were effective beginning September 15, 2017.  Every four years, a task force reviews input and issue regarding the guidelines, making changes to accommodate problematic,...

Does Your Child Need Her Own Lawyer?

There are times during the separation of two parents that a child is completely thrown into the middle of the situation.  Neither parent intends to do this to the child.  In fact, often neither parent realizes that the child is in the middle of their war.  The child...

After Divorce: Why is my Child So Angry?

Part of my practice in family law deals in working with parents after the divorce and the adjustment of the families after the "dust settles", so the speak.  Often the parents move on with the lives but the child of that previous marriage has a difficult time dealing...

2017 Child Support Guidelines – Part 3

In part 3 of our series on the 2017 Child Support Guidelines, we will be addressing child support for children between 18-23 years old and parental contribution to post-secondary educational expenses. If you would like to read about other changes, please see Part 1 -...

Who is Using Your DNA?

Who is using your DNA? If you have watched any television recently, you may have noticed an increase in the DNA profile commercials.  You know the ones – “I thought I was from Italy, but turns out I am mostly Scottish” and they promote that you can also learn your...

​ Can you get a restraining order on behalf of your child?

​As a parent it is our number one job to protect our children. In today's world, with all of the technology, there are more ways than ever for a child to be targeted. Children can be targeted by their own peers, by adults pretending to be other children or by...

The Only Person that can Change a Court Order is the Court!

I come across this issue fairly often, many different contexts, and decided that it was a great issue to discuss here. It is very clear in all contexts. If you are subject to a Court’s Order, that Order remains effective until 1) that order expires or 2) the Court...

Blanchette: Case on Appeal

Recently the New Hampshire Supreme Court overturned the conviction of Ernest Justin Blanchette, a former deputy sheriff charged with sexual assault of an inmate during transport from the Belknap County jail to the state prison for women in Goffstown. This case shows...

Shared Physical Custody: A Growing Trend

Years ago, when a couple parted ways, it was simply assumed that the children would live with their mother and have visitation with their father. Typically, the father's visitation with his children was for two weekends per month and if feasible for him, a "dinner...

Divorce: Moving on When Others Won’t

Divorce is rough.  It's an emotional roller coaster for everyone involved.  Just getting to the point where a couple decides that divorce is the only solution left is often devastating.  After the dust settles, and the divorce is completely finalized, both parties are...

Can a Child Choose Their Parent After Divorce in Massachusetts

Massachusetts : When can my children decide in whose home they want to live? Often I am asked "can a child choose their parent after the divorce"?, so I thought this would be a great topic of discussion.  It is important to remember that each state handles this...

Is It Safe To Leave an Abusive Marriage?

A co-worker, "Pat",  confides to you during lunch one day that her "marital bliss" has all been a sham and that she thinks she has just learned to accept her husband's abusive behavior.  All of the stories she shares at work about her family are lies and have been for...

Do I have to pay child support without a court order?

Do I have to pay child support without a court order?  This is a question that I see often in my practice. The answer is two-fold: there’s the legal advice and the practical advice. Picture this:  you and your partner have separated. You’ve moved out of the home. ...

Massachusetts: The Alimony Reform Act

A recent hot topic in family law is alimony. I’m sure a lot of you have heard of the proposed legislation known as the Alimony Reform Act. This Act aims to define, clarify and guide the Courts, and the litigants, regarding certain aspects of alimony. Amongst other...

Protecting Your Children From Sexual Predators – Part II

In our last post, we wrote about ways you can take precautions to protect your child from sexual predators who are related to the child - either by blood or marriage.  In the second article of this three part series, we will discuss protecting your children from...

The Queen Had Soul But No Will

Aretha Franklin, the Queen of Soul, was recently laid to rest.  Her service was like no other in our history.  Musicians from all genres came out to pay respects with praise and song for a women who battled against the odds to become one of the true legends of our...

MA: Can I Hire a Lawyer During COVID-19

Q: Can I hire a lawyer during COVID-19 with the courts being closed? Can they still work on my family law related case? A: Even if the court is closed, having an attorney assist you is so important.  Most importantly, you should not go through this alone.  Having an...

My husband filed for divorce and tells me I have to leave. Do I?

Question:  My husband filed for divorce. He had me served with the papers at my office. I did not know this was coming and he tells me I have to be the one to leave our home – with our children! He says this is his home. NH: Do not leave your home. You don’t have to...

Who wants a Life Estate?

I am sure that you’ve all heard the recent news that Hugh Hefner put the Playboy Mansion up for sale.  For a mere $200 mill, you can purchase the mansion and call it your own – with one catch!  Hugh will live out the remainder of his life at the mansion before you can...

My best divorce advice: Don’t listen to your family & friends!

Sounds silly, right? It’s the best divorce advice that any attorney can give is don't listen to your family & friends. Your family and friends always want what’s best for you. They are there to love and support you. You look to them for help and guidance. When you...

Divorce and Social Media: Don’t

Whether you are simply contemplating the idea of divorce or in the middle of a full-on legal battle, your best bet with your social media accounts is to disconnect them.  Turn them off.  Shut them down.  Stop posting.  Make it impossible for people to post to your...

What is a CWOF? Continuance Without a Finding

People often ask me "What is a CWOF?" in Massachusetts?  It's a funny term but it's really just an acronym.  A CWOF is a “continuance without a finding.” This is a disposition that is meant for a first time offender, one that has not had a criminal matter in a long...

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In MA Is child support based on 2nd income?

Q.  In MA Is child support based on 2nd income? In MA, child support is based upon the income of...

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