In the Matter of Conant & Faller
Annotate this CasePetitioner Valentina Conant appealed, and respondent William Faller, cross-appealed, the final parenting plan issued by the Circuit Court. Respondent also cross-appealed the trial court’s order concerning child support arrearages and other expenses. The parties were the unmarried parents of a daughter born in March 2012. Petitioner lived in Nashua with her teenage son from a prior marriage, and respondent lived in Massachusetts. In March 2013, the court issued a temporary parenting plan, directing that: (1) petitioner had sole decision-making responsibility for the child; (2) the child would reside primarily with petitioner; (3) respondent would have regularly scheduled parenting time; and (4) the exchanges of the child would take place in Nashua. After the final hearing in October 2013, the court issued the final parenting plan. Because both parties were “mature, well-educated, financially stable . . . [and] capable of providing nurturing support and opportunities to [the child],” the court awarded them joint decision-making responsibilities, as this would “only serve to assure that the child’s best interests are met.” The court awarded petitioner primary residential responsibility, and provided respondent with parenting time during the first, second, and fourth weekends of each month. Respondent argued on appeal of that order that the trial court violated RSA 168-A:1 and :3-a by ordering him to pay petitioner: (1) $4,587 in child support arrearages, accrued from the date of the child’s birth to June 2012 (two months before petitioner filed a motion to establish paternity); and (2) $2,303 for petitioner’s lost time from work because of prenatal care and illness and delivery of the child. The Supreme Court agreed with the respondent that the trial court erred by requiring him to pay child support arrearages dating from the child’s birth to June 2012. The Court reversed with regard to the support arrearages, and affirmed in all other respects.
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