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Merrifield v. Merrifield

Citations: 122 N.H. 372; 445 A.2d 1087; 1982 N.H. LEXIS 371Docket: 81-342, 81-354

Court: Supreme Court of New Hampshire; April 27, 1982; New Hampshire; State Supreme Court

Narrative Opinion Summary

In the case of Lena E. Merrifield v. Warren H. Merrifield, the New Hampshire Supreme Court affirmed the Superior Court's decisions regarding post-divorce arrangements. The original divorce decree required Warren to pay child support and allowed Lena residency in the family home until certain conditions were met, including the child's graduation from high school. Following the child's graduation, Warren sought to sell the home, while Lena requested to stay the sale, held Warren in contempt for unpaid support, and petitioned for continued child support during the child's college education. The court delayed the sale of the house until May 1, 1982, denied further child support during college, and granted Lena credits for mortgage payments made after April 1, 1980. Warren contested the delay and Lena's credits, claiming these actions undermined his equity. The court found no abuse of discretion in its decisions, maintaining that family court orders are inherently discretionary and reaffirmed that the original decree allowed for such credits. The court's rulings were based on established precedents and the specifics of the case, leading to the affirmation of the lower court's judgment.

Legal Issues Addressed

Child Support Obligations Post-Divorce

Application: The court examined the obligation of a parent to provide child support during the child's college education and found no abuse of discretion in denying continued support in this case.

Reasoning: The court reaffirmed that its marital orders are discretionary and found no abuse in its decisions.

Credits for Mortgage Payments in Property Settlement

Application: The court allowed credits for mortgage payments made by the plaintiff, consistent with the original decree, and rejected the defendant's contention that this undermined his equity.

Reasoning: The record does not support the claim of abuse of discretion regarding these credits.

Discretionary Authority of Family Court in Divorce Settlements

Application: The court exercised its discretion to delay the sale of the family home and affirmed its decision despite challenges from both parties.

Reasoning: The court ordered that the sale be delayed until May 1, 1982, with no further stays, denied Lena’s request for continued child support, but granted her credits for mortgage payments made after April 1, 1980.