In the Matter of Lura Sanborn & Jeffrey Bart
Annotate this CaseRespondent Jeffrey Bart (Husband) appealed, and petitioner Lura Sanborn (Wife) cross-appealed, a final decree of divorce. Husband also appealed the trial court’s order, issued after this appeal was filed, granting Wife’s motion to enforce the temporary decree as to the payment of property taxes on the marital home. The parties were married in 2005 and had one child. Wife worked as a librarian at a private school; Husband was involved in the operation of a family-owned candy business (GSCS) established by his grandfather in 1927. At the time the final decree was issued, Husband was the controlling member of two limited liability companies that owned and operated GSCS and the property on which one of its stores was located. CMJ Associates, LLC (CMJ) was the entity that owned the real property housing one of GSCS’s stores and several residential apartments. Husband argued the trial court erred in: (1) issuing a child support order that provided for “automatic modifications of child support in the future”; (2) adjusting the property distribution to account for marital funds used by Husband for his legal fees, but failing to make the same adjustment for Wife; and (3) modifying the final decree after an appeal had been filed. Wife argued the trial court erred in: (1) determining Husband’s gross income for purposes of child support; (2) dividing the marital estate unequally in favor of Husband; and (3) awarding final alimony with an amount and duration inconsistent with its own findings. After review of Husband's arguments, the New Hampshire Supreme Court: (1) affirmed as to the "escalation clause" allowing automatic modifications of child support; (2) vacated the property settlement for reconsideration; and (3) agreed with Wife that the order was a "was a status quo preservation ruling" within the trial court’s jurisdiction. As to Wife's arguments, the Supreme Court: (1) affirmed as to the calculation of Husband's income; (2) affirmed as to the division of the marital estate; and (3) concurred that the alimony award appeared to be inconsistent with some of the trial court's factual findings. Judgment was therefore affirmed in part, reversed in part, and remanded for further proceedings.
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