- According to Nhfamilylawblog.com (2014), New Hampshire currently allows both fault- and no-fault divorces. At the present time, only about 1% of divorces are filed as fault-based, with adultery begin the most common reason. The issue of her infidelity is applicable due to the marriage being married in a fault-based only jurisdiction. Unless she can contest the accusation of adultery, defined by the state as engaging in coital sex acts outside the marriage, it is not likely she will be successful.
- a. Wilma can hope for equitable distribution in the proven value of the license, and may
b. The stocks in her name would be divided equitably as they became joint property on
the marriage.
c. For the same reason, Wilma’s pension plan may be assessed for worth and included in
a property settlement.
d. The bankruptcy court will uphold the obligations decided by the divorce court.
Alimony and child support will remain as ordered unless his financial
circumstances change. Wyden (2014) states these debts are excluded in a bankruptcy proceeding. The mortage payment will also remain as a payment as he was legally obligated when he sign the mortgage paperwork.
e. When Harry took a position at 1/10th his previous income, the move appears to be to
defer the payments required by the court. He asks for decrease based on a lesser
salary he chose. Unless he can prove he was forced to take the lower paying
position, he will probably be held responsible for the payments as stated in the
divorce decree.
- Ryan’s health problems have no effect on the proceedings from the aspect of ability to care for the child since they did not alter his income and there is another care-giver in the home when he marries Glenda. Meg did commit adultery, but it is not clear if this was part of the divorce contest. It is also not clear if joint custody was awarded. However, New Hampshire ascribes to the “best interest of the child” standard and joint custody is preferred (Tarnello 2012). That standard has replace the tender years presumption in that state.
Ryan’s accusation of Meg’s lack of proper conduct is a basis for the custody battle for his son, but he does not seem concerned about the effect of the conduct on the raising of his daughters.
Based on TITLE XLIII - DOMESTIC RELATIONS, CHAPTER 461-A/ PARENTAL RIGHTS AND RESPONSIBILITIES, Section 461-A:6, the court may determine if a child is mature enough to make a responsible decision and is not influenced improperly (Statutes.law.com 2014). Weight is given to the child’s preferences. The court needs to make that determination and evaluate the living conditions of both homes. It will not take into account the father has not expressed interest in obtaining residential custody of his two daughters.
The court will probably not allow Ryan to assume sole custody of his son based on Meg’s previous adultery. The fact that Glenda is pregnant is not pertinent to the claim. However, the court may take into consideration the son’s wish to be with his father if it appears to be valid in the boy’s best interest.
- It is not clear if the couple lived together prior to the marriage. The court will consider a number of factors in determining spousal support.
- Concerning the duration of the marriage, the marriage lasted only several months. This may be seen as too short a time for Jane to become accustomed to a standard of living in the marriage. According to records, she has adequate income and assets to support herself without requiring her husband to contribute. They do not appear to have shared assets or children. Her request will probably not be granted.
- At 30 and 35 years of age, the couple has adequate time to continue to accumulate assets.
- The health condition of the parties is not mentioned, so it is probably not a factor in the decision.
- The occupations of both parties are sufficient to maintain a comfortable standard of living.
- The amount and sources of income indicate both parties are capable of sustaining employment.
- There was no marital misconduct cited (Divorce.com 2014).
The court will probably not rule for spousal support given the information on the case.
- New Hampshire considers the age of emancipation as 18 or the completion of high school, whichever comes last (Supportcollectors.com 2014). After that time, unless the court has so ordered, child support obligations cease. Yetta’s demand for an increase for child support may be considered if Charles’ income has substantially improved, but the court will probably rule the child support amount stay the same.
- Section 461-A:12 of New Hampshire law directs the best interest of the child be considered when relocation is requested (Tranelli 2012). The personal desires of Glenda and her fiancé are not considered, but the standard of living associated with his continued employment is a factor. Glenda has already lost her job. Although joint custody is in effect, Kyle sees his daughter significantly less since she started school. Kyle does not seem interested in seeking sole custody and Glenda appears to offer a stable home environment. Therefore, Glenda has demonstrated the purpose is legitimate and the location is pertinent to the purpose. Unless Kyle can prove the move would adversely affect his daughter, the court will probably grant permission for relocation.
- Under Section 461-A:11 of New Hampshire law (Tarnelli 2012), the court can permanently alter the status of parental rights if the child or children are in danger for physical, mental, or emotional health. Pertaining to intermittent school attendance, Code Section 93.1 states that for a child between the ages of 6 and 16, school attendance is compulsory and parents not complying with the law face misdemeanor charges (findlaw.com 2014). The complaint was filed by the caseworker. Prior to removal of the children and pressing charges against the parents, social services should be brought in to address the health of the parents (which may contribute to lack of supervision and living conditions), the living conditions, and the health of the children. Programs are available for evaluation and assistance to help the children remain in the home, if that action is appropriate.
The law is vague to allow interpretation for “the best interest of the child”. It states that removal from a poor environment must be weighed against the harm caused by change in environment.
- The grounds for charges of sexual assault on a minor child are adequate in this case dependent on the interview of Joanna by the police officer. Medical examination confirmed the presence of sexual activity. Although Gregory alleges his constitutional rights are violated by the admission of the videotape, it is evidence in the case against him. In the case of child abuse, the testimony of the child and the result of the medical examination are components of the charges against him.
Other alternatives for the trial may be live testimony by the child with identification in the courtroom of the offender. If there were other indications of the inclination, such as child pornography in his possessions, this would contribute to a guilty verdict. While a lie detector test is not admissible in court, the refusal to take one may show an inclination to hide evidence from the police.
Works Cited
Divorcesupport.com. 'Divorce Support - New Hampshire Spousal
Support/Maintenance/Alimony Factors'. N.p., 2014. Web. 16 Dec. 2014.
Findlaw. 'New Hampshire Compulsory Education Laws - Findlaw'. N.p., 2014. Web. 16
Dec. 2014.
Nhfamilylawblog.com.' Fault-Based Divorce : New Hampshire Family Law Blog'. N.p.,
2014. Web. 16 Dec. 2014.
Supportcollectors.com. 'New Hampshire Child Support | New Hampshire Child Support
Enforcement'. N.p., 2014. Web. 16 Dec. 2014.
Statutes.laws.com. 'New Hampshire TITLE XLIII — DOMESTIC RELATIONS
(Includes Chapters 457 - 461-A) Code | New Hampshire TITLE XLIII —
DOMESTIC RELATIONS (Includes Chapters 457 - 461-A) Laws | New Hampshire Statutes'. N.p., 2014. Web. 16 Dec. 2014.
Tarnelli, Michelle. 'JOINT CUSTODY PRESUMPTION IN VERMONT:'. N.p., 2012.
Web. 16 Dec. 2014.
Wyden, Genevieve. 'Can You Wipe Out A Court Order By Declaring Bankruptcy? |
Ehow'. eHow. N.p., 2014. Web. 16 Dec. 2014.
