Divorce & Family Law Blog in Manchester NH

New Alimony Laws in New Hampshire

Posted on August 25, 2021August 25, 2021 by Shaunna L. Browne

Alimony Law Changes in New Hampshire

The term alimony is used to describe a court-ordered provision for an individual to pay a spouse after a separation or divorce takes place. In the state of New Hampshire, alimony laws were changed significantly in 2018 and recently revised to reduce the percentage used in the original statute from 30% to 23%. Anyone subject to a new separation or divorce filing should familiarize themselves with the new law in order to be knowledgeable of the changes. The goal of the new law is to provide a new system that is more predictable.

The reason for the original change was Senate Bill 71. The measure passed via a bipartisan vote and among its changes, a statue is included that creates a formula that is used to determine how much the payer will have to contribute to the spouse. Without the formula, payments would vary based on jurisdiction.

Basically, the old way of determining alimony was based on the judge’s discretion and not a given formula. For any case, a different judge could provide a different outcome. Now, the new system will create a formula that is used by every court across the state for a more streamlined approach.

Senate Bill 16 New Formula

Senate Bill 16 revises the formula established by Senate Bill 71. The new system includes a formula that will set the alimony amount based on 23% of the difference between the ex-spouse’s incomes. While this formula will be used, there are also other factors to consider.

The payments made can last until the payer is at retirement age or for up to half the length of the marriage. The judge in each case has discretion as to how long the alimony payment will last among other terms.

Also included in the changes regarding alimony, concern taxes. Payments are no longer considered a tax deduction. Alimony received is also no longer considered taxable income.

The New Formula

With the new formula, it gives both the individual required to pay alimony and the one to receive the payments a better idea as to what to expect. There still must be a finding that one party has a need and that the other party has the ability to pay. Once a finding has been made, then the Court can apply the formula. Take for example, a former husband making $100,000 a year, ex-wife has an income of $50,000, then the difference is $50,000. The amount of alimony to be paid could be 23% of the $50,000, which would equal $11,500 as opposed to $15,000 a year under the prior formula. This is a straightforward breakdown of the formula and does not take into consideration all of the other factors set forth in the statute.

There are many other factors that the Court must consider when making an alimony determination, including but not limited to, whether or not child support is being paid, what other benefits are being paid for the receiving spouse, length of marriage, and a variety of other factors which can directly impact the new formula.

If you are currently paying alimony in an amount that is greater than 23% based upon an order that was issued on or after January 1, 2019, then you have the right to seek a modification without having to demonstrate an unforeseen change in circumstances. However, any requests to modify based upon this provision must be filed on or before July 1, 2022.

When it comes to paying or receiving alimony, it is important to have an experienced attorney by your side. With the new alimony law changes in NH, it is always a good idea to speak with a qualified family lawyer in New Hampshire that is up to date on the new law and how it will apply to your specific situation.

The qualified attorneys at Cohen and Winters can assist with all your family law needs, including alimony questions and concerns. Contact the office today to schedule a consultation.

Posted on August 10, 2021April 26, 2022 by Shaunna L. Browne

Announcement:

Effective September 1, 2021,

Attorney Shaunna L. Browne and the Law Offices of Cohen & Winters are pleased to announce that Attorney Browne has joined the Law Offices of Cohen & Winters in an “of counsel” role. After over twenty years of practicing as a family law attorney, Attorney Browne has decided to retire from the active practice of law. As such, she will no longer be directly involved with the representation of clients, however, this new role will allow Attorney Browne the opportunity to continue to assist clients through direct consultation with the attorneys of Cohen & Winters.

Cohen & Winters is honored to have Attorney Browne join their team in this limited capacity as they believe that Attorney Browne’s extensive knowledge and experience will be of great benefit to the firm’s clients.

Cohen & Winters and Attorney Browne are very excited about this new endeavor and both look forward to working together to provide the best legal representation possible to each and every one of the firm’s family law clients. Cohen & Winters expects to add a Manchester office at this location effective November 1st to serve Manchester area clients. https://www.cohenwinters.com/.

N.H. parents seek guidance on child visitation and parenting plans amid coronavirus

Posted on April 13, 2020April 13, 2020 by Shaunna L. Browne

One emergency request to modify visitation came from a pregnant mother now living with her elderly parents, both of whom suffer from severe medical issues.

Another petition came from the New Hampshire Division for Children, Youth and Families seeking to temporarily suspend in-person visits between two siblings, one of whom is undergoing chemotherapy.
Credit – Concord Monitor Read More.

Perjury in Family Law Cases in NH

Posted on January 30, 2019April 3, 2019 by Shaunna L. Browne

Article for Bar News:

The Truth, The Whole Truth, or Something Like The Truth

In family law the rules of evidence only apply at the discretion of the Court. It is not uncommon for a case to come down to the Court’s interpretation of he-said vs. she-said, where all semblance of the truth has the potential of disappearing. As attorneys, pursuant to Professional Conduct Rule 3.3, we have an ethical obligation to present the truth to the Court. This article is not about nuances of each party’s perception of the truth, but rather when one party purposefully commits perjury in an effort to persuade the Court to enter an order in their favor.

Family law cases lean heavily on the subjective interpretation of events of each party. Due to the nature of the family court system the potential for perjury is great. Often times, perjury ends up being overlooked by the Court, and at times condoned by attorneys who fail to ensure all representations they make on behalf of their client are accurate to the best of their client’s knowledge and belief. Professional Conduct Rule 3.3 requires us all to correct the record if we learn that a representation made to the court was not fully accurate.

As family law attorneys, we are often required to make offers of proof as to what our client and/or potential witnesses would state if they were testifying before the Court under oath. The Court has taken affirmative steps to reiterate the importance for parties to make sure that the representations being made to the Court by their attorney are accurate and truthful, including swearing the parties in prior to any offers of proof being made.

Therefore, it should follow that when we, as attorneys, are able to prove that a party perjured themselves under oath, the Court should immediately refer the matter for prosecution. However, from experience, it is not that simple.

Over the last year this firm has experienced two separate and distinct cases with issues relating to perjury. Both instances have been proven beyond a reasonable doubt with documentation after the fact; however, the issue went unheeded. This resulted in the offending party being awarded for their conduct while providing no relief to the party who incurred additional legal expenses and emotional distress in an effort to reveal the truth. The reality is that the party who is willing to lie under oath is often times rewarded while those who attempt to tell the truth are not.

Attempting to explain the realities of our family law system to clients is devastating since it is they who have to endure the consequences of the lies relied upon by the Court. The truthful party is left with the feeling that the truth does not matter. The system leaves the person who told the lie with a feeling of empowerment and allows others to believe that they can lie and get away with it. That is not how our justice system should work regardless of what type of case or how the facts are being presented to the Court.

In an effort to preserve the integrity of our practice, those who commit perjury must be referred for prosecution to the fullest extent of the law. One issue is the lack of a readily available procedure as to how a party can be referred for prosecution. My firm has recently been able to convince a County Attorney’s Office to pursue criminal charges against a party who blatantly lied to the Court about a material fact for the sole purpose of deceiving the Court in an attempt to procure a more favorable outcome.

In one of the cases referenced herein, the Court admitted that it could refer the matter to the County Attorney’s Office for prosecution, but refused to do so, insisting that counsel could pursue the claim. Based upon the Judge’s instructions, the firm pursued the perjury claim, first with the local police department and then directly with the County Attorney’s Office. It took the drafting of several letters to the County Attorney’s Office asking that they prosecute. Finally, with the provision of transcripts of the hearing where the perjury occurred, transcripts of the testimony of the offending party’s then counsel (who withdrew upon learning of the blatant lies told by the party in question) and documentation to disprove the statements made by the party, the County Attorney’s Office accepted the case and the offending party was indicted for Perjury. Her criminal matter is still pending.

The process took months and hours of work, when in reality, it should not have been so difficult. Unfortunately, what happened in this case demonstrates that the Court is not willing to refer matters of perjury on their own, instead placing the burden upon counsel for the innocent party.

The solution is simpler than one may think: Attorneys have to start reporting issues and taking any and all necessary steps to ensure that perjury is taken seriously. This includes requesting Orders from the Family Division to refer perjury issues for prosecution to the County Attorney’s Office. The more we demand action, then the more likely Courts will start the referral process and it will not come down to us attempting to enforce the law.

We have an ethical duty to present the truth to the Court, therefore, we have an ethical duty to report perjury, and seek prosecution. Even more so, when we discover it is our client who has perjured himself/herself, we must also take the necessary steps to correct the record and withdraw from the matter. It is the only way to preserve the integrity of the Court system and to ensure that the only evidence being presented to the Court is the truth, the whole truth, and nothing but the truth, not something like the truth.

Mary E. Gaiser and Shaunna L. Browne are attorneys with the Law Office of Shaunna L. Browne, located in Manchester. They are a full service family law firm servicing all communities in the state.