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In the Matter of Maves & Moore

Supreme Court of New Hampshire

August 13, 2014

In the Matter of Janice E. Maves and David L. Moore

April 3, 2014, Argued

Editorial Note:

Under New Hampshire procedural rule this decision is subject to motion for rehearing, as well as formal revision before publication in the New Hampshire reports.

2d Circuit Court -- Plymouth Family Division.

Vacated and remanded.

Upton & Hatfield, LLP, of Concord ( Marilyn B. McNamara, James A. O'Shaughnessy, and Sandra H. Kenney on the brief, and Ms. McNamara orally), for the petitioner.

Martin, Lord & Osman, PA, of Laconia ( Judith L. Homan on the brief and orally), for the respondent.

DALIANIS, C.J. HICKS, CONBOY, LYNN, and BASSETT, JJ., concurred.

OPINION

Page 2

Dalianis, C.J. The petitioner, Janice E. Maves, appeals, and the respondent, David L. Moore, cross-appeals, the decision of the Circuit Court ( Rappa, J.) modifying the respondent's child support obligation. We vacate and remand.

The trial court found, or the record supports, the following facts. The parties, who were divorced in 2004, are the parents of a son, who was fourteen years old at the time of the hearing on the petitioner's motion to modify child support. The son has a " solid relationship" with both parents, who share parenting time, alternating on a weekly basis. Under the initial child support order, the respondent paid $650 per month for the son's support. In 2008, his support obligation was increased to $950 per month. In addition, the respondent provides the son's health insurance and covers all uninsured medical expenses, pays for sports and academic summer camps, and furnishes the ski pass, clothing, and equipment for the son's ski racing.

As part of the property settlement in the parties' divorce, the respondent was awarded Squam Lakeside Farm, Inc. (SLF), a campground consisting of 119 sites with trailer hook-ups for water, electricity, and sewer. SLF is a Subchapter S corporation (S-corporation); the respondent is the sole shareholder. SLF's profits, losses, and capital gains are reported on the personal federal income tax returns of the respondent, as shareholder.

In 2010, the respondent altered his business plan and, after expending almost $400,000 in legal bills and surveying costs and obtaining the necessary permits from the State, began marketing the campsites as condominiums, rather than as seasonal rentals. Based upon the sale of many of the condominiums, the respondent reported capital gains of $1,000,389 on his 2011 personal tax return.

In 2011, the respondent restructured a loan that he owed to SLF, converting it to a line of credit. Since that time, he has used the line of credit for various expenses, both personal and business-related. At the time of the hearing, the respondent had borrowed $887,754 against the line of credit. The ...


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