In re Jones

Summary

The New Hampshire Supreme Court affirmed a divorce decree involving alimony and distribution of marital assets. The court held that the trial court did not abuse its discretion by defaulting the defendant for repeated and significant discovery violations, or by awarding alimony and distributing marital property based on the available evidence. The court declined to review as moot the defendant’s challenge to his temporary incarceration for nonpayment of support.

Holdings

1. The court declined to consider the issue because it was essentially moot and the defendant had not shown that it would necessarily evade appellate review.
2. The trial court did not abuse its discretion or commit legal error by defaulting the defendant and proceeding with a defaulted, uncontested final divorce hearing.
3. The trial court did not abuse its discretion in awarding alimony or distributing the marital property.

Questions Presented

1. Whether the trial court improperly incarcerated the defendant for nonpayment of temporary support without a full evidentiary hearing concerning his ability to pay.
2. Whether the trial court abused its discretion by defaulting the defendant and proceeding with an uncontested final divorce hearing as a discovery sanction.
3. Whether the trial court abused its discretion by awarding alimony exceeding the plaintiff's request and allegedly consuming the defendant's disposable income.
4. Whether the trial court abused its discretion in distributing the marital assets, including by valuing and allocating the marital business and real estate.

Disposition

affirmed