In the Matter of Vivian Silva and Robert SilvaAnnotate this Case
In consolidated appeals, petitioner Vivian Silva appealed two circuit court orders in her divorce from respondent Robert Silva. She argued the trial court erred when it: (1) deviated from the child support guidelines; (2) inequitably divided the marital estate; and (3) did not find the respondent in contempt for withdrawing funds from an education savings account, or “529 account,” established for their daughter’s benefit, during the pendency of the divorce, and did not consider the 529 account in its division of the marital estate. After review, the New Hampshire Supreme Court agreed with petitioner with respect to child support, and found the trial court record unclear with respect to the 529 account. The Court vacated the distribution of property decision altogether and remanded this case for the trial court to clarify its disposition of the 529 account, and if necessary, the adjust the division of marital property. The Court affirmed the trial court in all other respects.