In re Bazemore

In cases where a parent is found to be voluntarily unemployed or underemployed, a trial court, “in its discretion, may consider as gross income the difference between the amount a parent is earning and the amount a parent has earned.” RSA 458-0:2, IV(a) (2004). The trial court, considering the facts of this case in the light of RSA 458-0:2, IV(a), concluded that it would be unjust to impute $160,000 in income to Jack, and instead selected the reduced amount of $70,000. Because I believe this to be error, I respectfully dissent.

As the majority correctly points out, this court is, in matters of…