In re Rossino

Summary

The New Hampshire Supreme Court held that Noddin v. Noddin did not apply to impute income where the respondent's reduced financial condition occurred before the divorce filing and no child-support order existed. The court remanded for consideration of whether the respondent voluntarily became unemployed or underemployed under RSA 458-C:2, IV(a), and vacated the sole-legal-custody award for reconsideration of the impact of the petitioner's repeated legal actions on the respondent's involvement with the children.

Holdings

1. Noddin does not apply when a party's reduced financial condition allegedly caused by wrongdoing occurs before the filing of the divorce and before any child-support order exists. The Superior Court therefore erred by imputing income based on Noddin.
2. The Superior Court must determine whether RSA 458-C:2, IV(a) applies and, if so, whether the respondent voluntarily became unemployed or underemployed under that statute for purposes of calculating child support.
3. The Superior Court's award of sole legal custody was legally erroneous because its decision apparently failed to consider how the petitioner's repeated legal actions and resulting bail restrictions affected the respondent's ability to maintain contact and involvement with the children.

Questions Presented

1. Whether the Superior Court properly applied Noddin v. Noddin to impute the respondent's former police-department earnings when his employment loss occurred before the divorce was filed and no child-support order yet existed.
2. Whether the Superior Court properly denied joint legal custody without adequately considering the effect of the petitioner's repeated legal actions and resulting contact restrictions on the respondent's involvement with the children.

Disposition

reversed_and_remanded