The New Hampshire

Family Law Letter

May – June 2003

Abandonment and Divorce

Does moving out of the marital home constitute abandonment?

When a marriage is breaking down, it may be prudent for one partner to move out of the marital home to protect the physical or emotional health of family members. Such a move can be a first step toward counseling and possible reconciliation, or if the marriage can’t be saved, toward filing for divorce. New clients often ask us if moving out in such circumstances might constitute abandonment or desertion, or otherwise place them at a disadvantage in divorce proceedings. Read this article

Stepparents’ Rights

What are the rights—and responsibilities—of a stepparent when a marriage ends?

Nine years ago, David met Heather and her two year old son Jason. Soon they became inseparable. David and Heather married, and Jason grew up thinking of David as his father. Then time passed, things changed, and Heather filed for divorce. David wants to maintain his relationship with Jason, but Heather wants to keep them apart. What are David’s legal rights as Jason’s stepfather? Read this article

Emerging Law:

Nonrecurring gains like stock options count as income for calculating child support.

Child support payments in New Hampshire are determined based on the parents’ incomes according to Child Support Guidelines established by state law (RSA 458- C). Recent New Hampshire Supreme Court cases establish a clear rule in New Hampshire that nonrecurring income must be included for the purpose of calculating child support. In the Matter of Robert P. Dolan and Cathy L. Dolan, 147 N.H. 218 (2001) and In the Matter of Frederick J. Feddersen and Shelley Cannon, 816 A2d. 1033 (2003). This is important not only because such income can be substantial, but also because such a windfall might give rise to a “substantial change of circumstances” that could create a ground for a Modification of Order under the Guidelines (RSA 458-C:7). Read this article

Questions & Answers:

What’s the difference between physical and legal custody?

Physical custody means the right and responsibility to provide a child’s primary residence. Legal custody means all parental rights with the exception of physical custody (RSA 458:17). This means the right and responsibility to make legal decisions for a child about important matters such as education, health care, religion, and general welfare, and includes the right to access information like school and medical records. Read this article