Attention parents: Summer day camp expenses may be a tax credit

I thought this may be of interest to parents out there with children at day camp this summer:
http://www.irs.gov/newsroom/article/0,,id=172245,00.html


Submitted By Andrea Labonte, Esq.
603-629-4542
alabonte@wiggin-nourie.com

NH Circuit Courts begin operation July 1, 2011

New Hampshire District, Probate, and Family Division Courts merge into one Court system, to be known as the New Hampshire Circuit Court, effective July 1, 2011.

The N.H. Circuit Court will have ten circuits, one for each county. Current District, Probate and Family Division court locations remain the same. Hillsborough County will be the 9th Circuit and have the following Court locations:

Manchester-District and Family Divisions
Merrimack-District and Family Divisions
Milford-District Division
Goffstown-District and Family Divisons
Nashua-District Division (Walnut Street)
Nashua-Probate Division (Spring Street)

For more information on this major restructuring of the New Hampshire court system, go to the New Hampshire Judicial Branch website at http://www.courts.state.nh.us/.

To view the legislation which created the circuit court, go to http://www.gencourt.state.nh.us/legislation/2011/HB0609.html.

Submitted By Andrea Labonte, Esq.
603-629-4542
alabonte@wiggin-nourie.com

Modification of an existing parenting plan becomes a little easier beginning August 13, 2011

On June 14, 2011, the New Hampshire legislature approved House Bill 52 which allows a Court to modify permanent parenting plans if there are minimal or no changes in the allocation of parenting time. For example, this will allow a Court to modify minor changes to pick up or drop off times based on changes to the parties’ or child’s schedules or a change in which weeknight a parent has parenting time with his/her child based on the best interest of the child.

The New Hampshire Supreme had previously interpreted RSA 461-A:11 to allow for modification of final parenting plans in only certain limited circumstances absent an agreement of the parties. See In Re Muchmore, 159 N.H. 470 (2009)

HB 52 also allows for other modifications of permanent parenting plans other than to the parenting schedule and requests for relocation based on the best interest of the child standard.

HB 52 becomes effective August 13, 2011. For the text of the bill go to http://www.gencourt.state.nh.us/legislation/2011/HB0052.html

Submitted By Andrea Labonte, Esq.
603-629-4542
alabonte@wiggin-nourie.com

On The Radio

On Thursday, April 3, 2008, I appeared as a guest on the Radio Show "Your Health Matters" on WKXL 1450 AM. The topic for the show was "Divorce and your Mental Health." I discussed the various aspects of a divorce and how effective legal representation during this process is a comfort to many. My colleague, Jennifer Casey, Ph.D. also appeared to speak about mental health issues common to people going through a divorce.

Unquestionably, divorce brings significant stress to a person's life. Not only is the person’s marriage ending, he or she may be involved in extended litigation regarding children, finances, and property. As Dr. Casey explained, even people who have never experienced any mental health issues in the past often have a need to enter therapy as a result of a divorce. To make matters worse, most people are unfamiliar with the laws governing divorces and the courtroom procedure. During the show, I emphasized how the involvement of a qualified divorce lawyer can alleviate some of the stress one experiences during this time.

Much of the law and procedure surrounding divorce in New Hampshire is a mystery to the average married person. During the breaks in the show, the host and I discussed some misconceptions in the law. For example, it is a common misconception that alimony is prohibited in New Hampshire. Another is the assumption that in a parenting dispute, Mom will receive primary parenting responsibility (formerly "custody") of the children because she is a woman. These misconceptions demonstrate the need for more public awareness and education regarding both parties' and children’s rights in a divorce or a parenting dispute.
I am pleased to have been a part of this radio program, and hope that the listeners were able to learn something new about New Hamsphire's divorce law.

Mediation in Divorce: The Place of Contentment

I wrote an article to increase awareness about the use of mediation in a divorce case as a sensible and cost-effective alternative to litigation in appropriate cases. Parties and their counsel should know what to expect and what not to expect both from the mediator and the mediation process. Informing participants about the process before they participate in mediation may increase the likelihood of settlement. To learn more about the role of mediation in a divorce case, see:

http://nhbar.org/publications/display-news-issue.asp?id=4279

New Hampshire Civil Union

Attorney Polly Hall, a domestic attorney with our firm and I have been presenting talks around the State on the new Civil Union statute. Recently we did a presentation at a local university to discuss the statute that will go into effect January 1, 2008. It was well attended, and I think the people of New Hampshire are starting to really think about the new law and its impact on our state.

While the new law will give rights to civil union partners, it also comes with its drawbacks. Of note is the university's benefit program. I have been told that the university is thinking of treating same sex partners as they treat heterosexual partners. This means if a same sex couple is in a "domestic partnership," meaning they have not entered into a civil union, they will not be afforded the benefits of a couple joined in a legal union. Only same sex couples who enter into a civil union will be afforded benefits available to heterosexual married couples. As Attorney Hall and I discussed the new law, the audience began to understand the broad impact of the statute and I get the sense in the community that a lot of people will be watching to see how the new law impacts our State.

New Hampshire Health Insurance Coverage for a Former Spouse

New Hampshire's law regarding health insurance coverage for a former spouse will change on January 1, 2008. After January 1, 2008, a former spouse will be able to continue his/her coverage under the employer sponsored group health insurance plan of the participating spouse. This means that a former spouse will receive the same benefits and coverage as he/she did during the marriage under the plan without triggering rights under COBRA. The former spouse can elect to continue coverage until the earliest of the following events occurs:

1. the 3 anniversary of the final decree of divorce or legal separation;
2. the remarriage of the former spouse;
3. the remarriage of the member spouse ;
4. the death of the member spouse; or
5. such earlier time as stated by the final decree of divorce or legal separation.

Upon the occurrence of one of the events above, the former spouse will then be able to elect continued coverage under COBRA, which will likely trigger a higher insurance premium to continue the coverage. The new law does not apply to employer's self-insured plans. As a former spouse, you will want to be prepared for this financial issue when it happens.

A former spouse will have 30 days from the divorce decree to elect continued coverage and this election must be in writing. Depending upon the health insurance plan, the former spouse may be responsible for the payment of a premium if coverage is elected. Also, the new law allows the health insurance provider to charge an administrative fee up to 2 % of the monthly premium cost. The divorce decree should state which party will pay these potential costs to avoid having to return to Court after the divorce to address this issue.

If you are in the midst of a divorce, you should seek legal counsel regarding your specific rights and responsbilities under New Hamphisire's new law for health insurance coverage.