In the Matter of Marcus Hampers & Kristin Hampers
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Husband Marcus Hampers and Wife Kristin Hampers challenged a post-divorce circuit court on the husband’s motion to modify his child support and alimony obligations and on the wife’s petition for contempt. The husband asserted the trial court erred by: (1) applying a standing order requiring him to pay the reasonable attorney’s fees incurred by the wife for any proceeding or matter related to the divorce decree and subsequent amendments; and (2) failing to calculate "gross income" for child support purposes under RSA chapter 458-C by using "net" figures for investment income to account for losses and expenses as well as gains. Wife asserted the trial court erred by: (1) calculating child support based upon the husband’s 2009 income and tax return when his 2010 income information and tax return were available; and (2) ordering her to repay sums that she had received in excess child support. Because "[i]t is for the trial judge to determine whether claimed expenses meet [established] criteria," and the trial court did not address the claimed expenses in this case, the Supreme Court remanded this case for the trial court to make that determination. Furthermore, the Court concluded that the trial court erred by using the husband’s 2009 income for purposes of calculating his "present income." Accordingly, the Court affirmed in part, reversed in part and remanded the case for further proceedings.
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