In the Matter of Crystal & Joshua NdyaijaAnnotate this Case
Respondent Joshua Ndyaija appealed various Circuit Court orders following the parties’ divorce. He argued the trial court erred by: (1) dismissing his motion for contempt against petitioner Crystal Ndyaija; (2) denying his motion regarding parental interference; (3) denying his motion to restrain; (4) modifying his child support obligations for the parties’ minor child; (5) denying his motion to modify the parties’ parenting plan and permanent stipulation, vacating a provision of the parenting plan, and ordering him to pay the petitioner’s attorney’s fees; and (6) granting the petitioner’s motion to approve daycare enrollment for the child. Respondent also argued the trial court lacked jurisdiction to make an initial child custody determination under RSA chapter 458-A (2018), and lacked jurisdiction over the divorce action under RSA 458:5 and :6 (2018). After review, the New Hampshire Supreme Court concludes the trial court properly exercised jurisdiction over the child custody proceeding under RSA chapter 458-A and the divorce action under RSA 458:5 and :6. Furthermore, the Supreme Court concluded the trial court did not abuse its discretion in denying the respondent’s motion for contempt, motion to restrain, and motion regarding parental interference. As for the trial court’s amended uniform support order, the trial court did not abuse its discretion by applying the petitioner’s calculation of respondent’s income in determining his amended child support obligation, declining to adjust the child support obligation, ordering the respondent to pay an arrearage, and ordering him to pay his child support obligation to DCSS by immediate income assignment. However, the Court vacate and remanded the amended uniform support order for the trial court to: (1) consider income from the petitioner’s second job; (2) require petitioner to comply with Family Division Rules 1.25-A(B)(1)(c) and 2.16 by providing four pay stubs per employer or to establish good cause to waive this requirement; and (3) consider the amount of child support the respondent paid during the arrearage period in its arrearage calculation. Finally, the Supreme Court concluded the trial court did not unsustainably exercise its discretion by denying the respondent’s requests to modify the parties’ parenting plan and permanent stipulation and vacating paragraph G of the parenting plan.