In re LaRocque

Summary

The New Hampshire Supreme Court reviewed a contempt finding and child-support arrearage calculation against George W. LaRocque. The court held that the parties had not agreed to waive arrearages or reduce support, and that life-insurance proceeds were includable as gross income under New Hampshire’s child-support statute. It vacated and remanded the support and arrearage calculations because the modification should have been effective when the older child turned eighteen and left school.

Holdings

1. The trial court's finding that the parties did not agree to waive child-support arrearages or reduce child support was supported by the evidence and would not be disturbed.
2. Even if the parties had entered an agreement to modify child support, the agreement would be unenforceable absent court approval.
3. Laches did not bar Mother's claim because Father failed to prove unreasonable delay and resulting prejudice.
4. Life-insurance proceeds are encompassed within the definition of gross income in RSA 458-C:2, IV and may be included in calculating child support.
5. The modification was effective June 22, 2010, when the older child turned eighteen and was no longer in school, rather than January 7, 2011, when Father moved to modify support.

Questions Presented

1. Whether the parties agreed to waive child-support arrearages and reduce Father's court-ordered child-support obligation.
2. Whether an unapproved agreement between the parties could modify the court-ordered child-support amount.
3. Whether laches barred Mother's claim for child-support arrearages.
4. Whether life-insurance proceeds constitute gross income under RSA 458-C:2, IV for purposes of calculating child support.
5. Whether the effective date of the child-support modification was the date Father filed his motion or the date the older child turned eighteen and was no longer in school.

Disposition

reversed_and_remanded