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HICKS, J. The respondent, Calvin F. Dunn, III, appeals an order of the Trial Court (Sadler, J.) finding that he was voluntarily underemployed and establishing his child support obligation based upon his past earnings. See RSA 458-C:2, IV(a) (2004). We vacate and remand.

GALWAY, J. The petitioner, Lisa M. Martin, appeals an order of the Lebanon Family Division (Cyr, J.) denying her motion to modify a child support order. We reverse and remand.

The defendant Donald Foss is charged with failure to provide child support to his two minor children in violation of RSA 639:4. Before the Court are defendant’s three separate motions to dismiss. These include: (1) RSA 639:4 is unconstitutional; (2) the defendant’s indictments are a violation of due process and (3) the Superior Court lacks jurisdiction to hear the case. The defendant also moves the Court to authorize funds that were necessary to hire a constitutional expert in providing an adequate defense. The State objects. The Court held a hearing on this matter on October 16, 2003. For the reasons stated below, the Court finds and rules as follows.