Shelly R. Higgins v. Todd A. Wood
Shelly R. Higgins v. Todd A. Wood
Opinion of the Court
SAUFLEY, C.J.
[¶ 1] In this appeal, and a separate opinion issued today,
see
Dep't of Health & Human Servs. v. Fagone
,
I. BACKGROUND
[¶ 2] The following facts are drawn from the procedural record and from the family law magistrate's (
Chandler, M.
) findings of fact, reached upon a stipulated documentary record and adopted by the District Court (
Lucy, J.
).
See
Dunwoody v. Dunwoody
,
[¶ 3] Higgins filed a complaint for divorce on March 20, 2007, and a family law magistrate ( Langner, M. ) entered a divorce judgment on June 14, 2007, that provided for Higgins to have primary residence and required Wood to pay child support of $297.15 per week for the three children, who were then ages fifteen, nine, and five. The child support worksheet attached to the judgment provided as follows with respect to the overall weekly support obligation of the parents:
Basic weekly support for all children up to 18 years (or up to 19 years if still in high school) ....
a Total number of children 3
b Number of children ages 0-11 2 multiplied by amount from table 102 X 2 = 204
c Number of children ages 12-17 1 multiplied by amount from table 126
The court added in the $35 cost of health insurance for the three children without apportioning it per child. The order made Wood responsible for ninety-one percent of the weekly support and credited him for paying the cost of health insurance, resulting in the $297 weekly support amount that was required by the judgment for support of the three children. The child support order stated:
The child support obligation shall continue for each child until that child reaches the age of 18; provided, however, that if the child has not graduated, withdrawn, or been expelled from secondary school as defined in Title 20-A, the child support shall continue until the child graduates or reaches the age of 19, whichever occurs first[.]
[¶ 4] In addition, the order stated, "Any party to this action may ask the court to review the amount of child support and if appropriate, to modify it in accordance with the state's child support guidelines. To start this process, a party must file with the court a Motion to Modify."
[¶ 5] To assure that Wood met his child support obligations, Higgins pursued support enforcement through the Department of Health and Human Services Division of Support Enforcement and Recovery, which withheld Wood's wages to provide Higgins with the ordered child support beginning in the middle of 2008. In 2009, the oldest child turned eighteen, having already graduated from high school. At about that time, Wood asked the Department to reduce his payments, though he did not move to modify the judgment in the District Court.
[¶ 6] Wood continued to pay child support in the amount ordered and took no further action until February 2015 when his telephone calls to the Department prompted the Regional Manager of the Department's Division of Support Enforcement and Recovery to send him a notice that the Department was adjusting the child support obligation down to $182 per week. The $182 amount was apparently intended to reflect a flat reduction of the basic weekly support by the $126 amount originally allocated to the oldest child in the 2007 child support worksheet, with the health insurance provisions remaining the same despite the termination of support for one child, and the support amounts for the other two children remaining unchanged despite the increases that should have occurred when each of the younger children reached age twelve. At the time of the February 2015 letter, the two younger children were ages seventeen and thirteen.
[¶ 7] Several months later, in July 2015, the Director of the Division informed Wood that the February decision was in error and that Wood needed to file, in court, a motion to modify the child support order to seek any reduction in the ordered support.
[¶ 8] On July 24, 2015, Wood filed two motions in the District Court-a motion to modify and a motion for determination of overpayment. He argued that he had overpaid by more than $35,000 over the course of six years because, after the oldest child turned eighteen, his child support obligation should have been reduced by $114 per week. Although the use of the summary judgment process in family law matters is not authorized,
see
M.R. Civ. P. 56(a),
[¶ 9] On March 21, 2016, the family law magistrate (
Chandler, M.
) held a hearing.
[¶ 10] The magistrate then accepted a collection of stipulated exhibits, and the parties offered legal arguments regarding the amount of child support owed from the oldest child's eighteenth birthday in 2009 through the July 31, 2015, effective date of the first agreed-upon order. Thus, the court held the trial on a stipulated record, and the parties presented argument on the applicable law.
See
Rose v. Parsons
,
[¶ 11] The magistrate entered the modified child support orders to which the parties had agreed. The magistrate then concluded that Wood could not recover any overpayment for child support paid prior to his service of the motion to modify because the parties' 2007 judgment did not provide dollar amounts by which the child support order would self-adjust upon each child's emancipation or attainment of the age of twelve. The court ordered the Department to determine any amount of overpayment or underpayment that may have arisen while the motion to modify was under consideration by the court.
[¶ 12] The Department filed an unopposed motion to amend the findings of fact to correct minor factual errors, which the magistrate granted. Wood objected to the magistrate's order on the grounds that the magistrate applied the incorrect law and that only a judge-not a magistrate-had the authority to rule on the motion for summary judgment. See M.R. Civ. P. 118(a).
[¶ 13] The court (
Lucy, J.
) reviewed the magistrate's decision and entered a judgment in which it adopted the magistrate's order on the modification of child support, agreed with the magistrate that the Department did not have the authority to adjust the court-ordered amount of child support, and concluded that summary judgment must be denied, in part because a party may not move for summary judgment on a post-judgment motion in a family matter.
See
[¶ 14] Wood appealed from the judgment.
See
14 M.R.S. § 1901(1) (2017) ; 19-A M.R.S. § 104 (2017) ; M.R. App. P. 2 (Tower 2016).
II. DISCUSSION
[¶ 15] Wood argues that the child support order included in the 2007 divorce judgment provided for a self-effectuating reduction in the amount of child support when the parties' oldest child turned eighteen in 2009 and that he is therefore entitled to recoup an overpayment of child support. Here, we use the term "self-effectuating" to describe a provision in a judgment that explicitly articulates a change in a support obligation on an identified date or upon the occurrence of a specific event, such that the new, explicitly identified amount takes immediate effect and is enforceable. In other words, we have substituted the term "self-effectuating" for the longer description used previously for a "self-executing provision that automatically amends a court order" upon the occurrence of a specific event or the arrival of a specific date.
Bartlett v. Anderson
,
[¶ 16] To review whether the judgment at issue here was self-effectuating such that Wood was entitled to reduce his payments without further order of the court, we (A) summarize the alternative administrative and court processes for establishing and modifying child support, (B) examine the law governing self-effectuating adjustments in court-issued child support orders, (C) review whether the District Court properly applied the law, and (D) address the application of principles of collateral and equitable estoppel.
A. Methods of Establishing and Modifying Child Support Orders in Maine
[¶ 17] In Maine, there are different methods for parents to obtain enforceable orders of child support. Most commonly, a parent will seek a child support order through (1) the Department in an administrative proceeding,
see
19-A M.R.S. § 2304 (2017) ;
1. Department-Issued Child Support Orders
[¶ 18] The Department-acting "on its own behalf or on behalf of another state or another state's instrumentality, an individual or governmental applicant for services under section 2103 [support enforcement] or a person entitled by federal law to support enforcement services as a former recipient of public assistance"-may "establish the responsible parent's current parental support obligation" applying the statutory child support guidelines and the statute governing deviation from the guidelines. 19-A M.R.S. § 2304 ;
see
19-A M.R.S. §§ 2001 - 2012 (2017) (child support guidelines);
[¶ 19] A party may seek administrative review of a Department decision establishing the child support obligation within thirty days after receiving notice of the decision. 19-A M.R.S. § 2451 (2017) ;
[¶ 20] If there is a substantial change in circumstances after the Department's order becomes final, a responsible parent may seek amendment of the order by the Department through an administrative hearing.
See
19-A M.R.S. § 2304(8) ;
[¶ 21] If a court enters a child support order after the Department establishes a child support order, the court order will supersede the Department's administrative decision ordering the payment of child support.
See
2. Court-Issued Child Support Orders
[¶ 22] In a court proceeding, whether in a divorce action, in an action to determine parental rights and responsibilities, or in any other family proceeding, the District Court determines the amount of child support by applying the child support guidelines and the statute governing deviation from the guidelines. See 19-A M.R.S. §§ 901, 1652, 1653(2)(D)(3), 1653(8), 2001 - 2012. A party has the right to appeal to us from the child support ordered in the final judgment. See 14 M.R.S. § 1901(1) ; 19-A M.R.S. § 104 ; M.R. App. P. 2 ; M.R. App. P. 2A, 2B (restyled).
[¶ 23] After a judgment ordering the payment of child support becomes final following an appeal or the expiration of the appeal period, a party may seek to enforce the judgment either in court or through the Department.
See
19-A M.R.S. § 2103(2) (2017) ; M.R. Civ. P. 120 ;
[¶ 24] Upon a substantial change in circumstances, a party, including the Department, may file a motion in the District Court seeking to modify the amount of child support, see 19-A M.R.S. § 2009(1), and include "[a] proposed order, incorporating the child support worksheet." See 19-A M.R.S. § 2009(4-A)(E). The Department has no authority to modify the court's judgment. See 19-A M.R.S. § 2009.
[¶ 25] When the parties reach an agreement to modify the amount of child support that has been established by a court order, the process is straightforward and inexpensive. No filing fee is required if a motion seeks only to modify child support.
See
Revised Court Fees Schedule and Document Management Procedures, Me. Admin. Order JB-05-26 (as amended by A. 12-17), § I(A)(2) (effective Jan. 1, 2018).
[¶ 26] The entry of a modified order can be addressed promptly if the motion is uncontested and the amount of child support in the proposed order is at least as much as the amount that would be ordered through the ordinary application of the child support guidelines. 19-A M.R.S. § 2009(5), (6). In such circumstances, if neither party requests a hearing within thirty days after the service of the motion, "the court may enter an order modifying support without hearing using the proposed order."
[¶ 27] Only if the moving party proposes a downward deviation or one of the parties requests a hearing on the pending motion will the parties be required to proceed with mediation and, if necessary, a hearing.
See
[¶ 28] Again, a right of appeal to us is available after the entry of a final judgment on the motion to modify. See 14 M.R.S. § 1901 ; 19-A M.R.S. § 104 ;
M.R. App. P. 2 ; M.R. App. P. 2A, 2B (restyled). The final judgment, if unambiguous, may be enforced through the court or the Department.
See
19-A M.R.S. § 2103(2) ; M.R. Civ. P. 120 ;
[¶ 29] Because the original order entered in Higgins and Wood's divorce was issued by a court, a motion to modify was required to be filed in court to change the amount of the child support obligation, unless the original order unambiguously specified an enforceable adjustment. The question, therefore, is whether the divorce judgment provided for a quantified change in the amount of child support with sufficient specificity that it could be enforced and effectuated through the Department without additional court involvement.
B. Self-Effectuating Reductions of Court-Ordered Child Support in Maine
[¶ 30] A child support order entered by a court remains in effect as to a child until that child reaches age eighteen or another specified event occurs:
Termination of order. A court order requiring the payment of child support remains in force as to each child until the order is altered by the court or until that child:
A. Attains 18 years of age. For orders issued after January 1, 1990, if the child attains 18 years of age while attending secondary school as defined in Title 20-A, section 1, the order remains in force until the child graduates, withdraws or is expelled from secondary school or attains 19 years of age, whichever occurs first;
B. Becomes married; or
C. Becomes a member of the armed services.
19-A M.R.S. § 1653(12) (2017). The statute in effect when the parties' divorce judgment was entered authorized, but did not require, the court to "include automatic adjustments to the amount of money paid for the support of a child when the child attains 12 or 18 years of age; or when the child graduates, withdraws or is expelled from secondary school, attains 19 years of age or is otherwise emancipated, whichever occurs first." 19-A M.R.S.A. § 1653(13) (Pamph. 2007).
[¶ 31] More than two years before Higgins and Wood were divorced, we considered whether the
Department
had the authority to reduce court-ordered child support obligations upon a child reaching the age of eighteen or the occurrence of another triggering event.
See
Bartlett
,
[¶ 32] We affirmed the judgment, holding that, when a court has entered an order of child support containing a termination provision that does not specify the dollar amount of the adjustments, that provision is not self-effectuating, and a motion to modify, filed by the Department or one of the parents, is required so that a court-not the Department or a party-can adjudicate the proper amount of child support.
See
[¶ 33] In reaction to Bartlett , the Legislature amended the child support statute with respect to judgments that were entered before the Bartlett decision, requiring,
With regard to any initial or modified child support order that affects more than one child and that was entered before January 18, 2005 , unless that order states the manner in which the order must be modified upon the events listed in subparagraphs (1) to (4), that the order be automatically modified pursuant to this paragraph to address any of the following events:
(1) Any child reaches 18 years of age and has graduated from secondary school;
(2) Any child reaches 19 years of age without having graduated from secondary school;
(3) Any child obtains an order of emancipation; or
(4) Any child dies.
As of the date of an event listed in subparagraphs (1) to (4), the total child support amount stated in the order must be decreased by the child support amount assigned to that child in the worksheets accompanying the child support order or as set forth in the order.
P.L. 2005, ch. 352, § 5 (codified as subsequently amended at 19-A M.R.S. § 2006(8)(G) (2017)
[¶ 34] The divorce judgment in the matter before us was entered in 2007-two years after our decision in
Bartlett
. Thus, by its plain language, section 2006(8)(G)
does not
apply to the matter on appeal.
[¶ 35] About one month after Higgins and Wood's divorce judgment was entered in 2007, we decided another matter in which a judgment's provisions regarding the reduction of child support were at issue.
See
Lund
,
Pursuant to the guidelines currently in effect, [the father] shall pay to [the mother] the sum of $ 175.00 per week as child support for the minor children, in accordance with the Court guidelines. When [the youngest child] turns age 12 on May 11, 1999, [the father]'s child support obligation shall increase to $ 187.00 per week pursuant to the Court guidelines.
Id. ¶ 2 (bold emphasis added) (footnote omitted). The attached child support worksheets provided for a basic weekly support obligation of $88 per child during the ages twelve to seventeen. Id. ¶ 2 n.1. The order also included a provision that the obligation would continue for each child until the child reached age eighteen after graduation, graduated at age eighteen, or reached the age of nineteen without graduating, whichever occurred first. Id. ¶ 2.
[¶ 36] The original judgment in Lund did not address the increase in the per-child amount of support provided for in the guidelines if only two children were subject to a support order. Although the judgment did not specify the calculations that would apply upon the termination of support for the oldest child, we held that the judgment did allow for a self-effectuating adjustment because it ordered changes in support by a specific amount when the youngest child turned twelve and stated the conditions for the termination of the support obligation for each child. Id. ¶ 21.
[¶ 37] We must acknowledge the confusion that has resulted from the legislative language and from the
Lund
decision regarding self-effectuating changes in child support orders. In
Lund
, we did not discuss changes in the application of the guidelines based on the number of children subject to a child support order,
[¶ 38] Thus, we now specifically hold that guideline-related adjustments are part of the reason that a motion to modify child support is required if a parent seeks an adjustment that is not explicitly quantified in the existing judgment. A motion to modify is also necessary if the child support worksheet includes health insurance costs, extraordinary medical expenses, or child care expenses that are not apportioned on a per-child basis. See 19-A M.R.S § 2006(3). The new amount of such costs or expenses, and any related health insurance adjustment, cannot be calculated without some adjudication of facts by a court.
[¶ 39] Because our opinion in
Lund
and other changes in the law have made it difficult for parents and the Department to determine whether a particular judgment ordering child support for multiple children provides for self-effectuating adjustments
that may be immediately implemented, we endeavor to clarify the circumstances in which prospective amendments to the amount of child support ordered by a court are self-effectuating. We now clarify that, for any court judgment ordering the payment of child support entered after
Bartlett
, a change in child support is self-effectuating only if the judgment includes a specific, quantifiable amount of support ordered to replace the original obligation on a specific date or upon the occurrence of a specific event.
See
Bartlett
,
[¶ 40] Because, as we have summarized, court orders entered in different timeframes are treated differently under the law, we provide the following clarification.
1. For judgments containing child support orders entered before January 18, 2005, a reduction in support may be self-effectuating when a child reaches age eighteen after graduating from secondary school, reaches age nineteen without having graduated from secondary school, obtains an order of emancipation, or dies, unless the order "states the manner in which the order must be modified upon [those identified] events." 19-A M.R.S. § 2006(8)(G). How that reduction is calculated will depend on the language in the child support order.
2. For judgments entered between January 18, 2005, and the recent elimination of the age-tiered child support table, a change in the amount of court-ordered child support is self-effectuating only if the order provides for specifically quantified prospective amounts owed upon dates or specific events explicitly addressed in the order. See Bartlett ,2005 ME 10 , ¶¶ 12-17,866 A.2d 829 . The actual amount of the anticipated updated child support obligation must be stated in the order.
3. We have yet to opine on whether judgments entered after the elimination of the age-tiered system can be self-effectuating without specifying an adjusted dollar amount. See P.L. 2017, ch. 30 (effective Nov. 1, 2017) (to be codified at 19-A M.R.S. §§ 1653, 2001, 2006 );17 C.M.R. 10 144 351-15 to -23. However, given that guideline adjustments occur when the number of supported children changes, and that other components of support, including health insurance and child care costs, may change, an order will not be self-effectuating upon the aging-out of the oldest child unless the new amounts are expressly stated in that order . See17 C.M.R. 10 144 351-15 to -23.
[¶ 41] To assure clarity, reduce costs to the parties, and avoid unnecessary additional process, in those cases where changes should occur without any return to court, all who are involved-judges, magistrates, parties, and counsel-should focus on developing orders that explicitly specify the adjustments to be effectuated when support obligations cease for each child.
[¶ 42] The judgment at issue here falls into the second category because it was entered after
Bartlett
and before the elimination of the age-tiered system. For an adjustment in such a child support order to be self-effectuating, the judgment must explicitly identify the amount of child support to be paid when each of the youngest children has reached the age of twelve and when support terminates as to each child.
See
Bartlett
,
C. Review of the District Court's Application of the Law
[¶ 43] In the parties' 2007 divorce judgment, the court ordered Wood to pay $297 per week for support of the three children. The judgment provided that the child support obligation would terminate for each child upon the child reaching age eighteen or another triggering event, but it did not state the amount of the new support obligation upon the termination of support for each child and did not indicate specific increases upon each younger child reaching age twelve. Also, the accompanying child support worksheet did not allocate the cost of health insurance on a per-child basis.
[¶ 44] Given the language of the court order in effect on the eighteenth birthday of the oldest child, no automatic adjustment was possible. Although the worksheet accompanying the 2007 child support order identified the basic weekly support amount for the parties' oldest child as $126 while Wood was responsible for support for three children at younger ages, the order did not specify the amount of support owed upon the termination of support for the oldest child, an event that occurred only after one of the younger children had reached age twelve. Absent such specificity, the court could not enforce any amount other than that specified in the 2007 divorce judgment. The court therefore properly limited Wood to the remedy of moving to modify the child support order to determine how much support was owed for the two younger children.
[¶ 45] Once Wood did move to modify the amount of child support, the court, based on the parties' agreement, ordered a very modest change in the amount of support owed for the period beginning when the motion to modify was served. The obligation for that period was reduced from $297 per week to $280.50 per week. The court, again based on the parties' agreement, also entered modified child support orders providing for exact modifications on specific future dates based on the children's changes in age and a change in the child support table.
See
19-A M.R.S. § 2009(2) ;
[¶ 46] To consider fully Wood's argument that he has overpaid by more than $35,000, we attempt to estimate the amount of support that would have resulted from an application of the guidelines if Wood had filed a motion to modify immediately when the oldest child reached age eighteen. Although Wood contends that the 2007 child support worksheet establishes the amount owed for each child, the amount owed per child increased pursuant to the guidelines if there were only two children subject to a child support order, and the amount owed for a younger child increased when the child reached age twelve. See Child Support Guidelines and Calculation Tables (effective Dec. 1, 2008), available at 19-A M.R.S.A. § 2011 (Pamph. 2010); see also Child Support Guidelines and Calculation Tables (effective Feb. 8, 2014), available at 19-A M.R.S.A. § 2011 (Supp. 2015).
[¶ 47] Assuming that the cost of health insurance for two children was identical to the cost for coverage for all three children, and assuming that each party's income remained the same, had Wood filed a motion immediately after his oldest child's eighteenth birthday, we estimate that his total child support obligation pursuant to the guidelines in 2009 would only have been reduced by approximately $51 per week, not the $114 per week that he asserts could be subtracted from the original obligation.
See
Child Support Guidelines and Calculation Tables (effective Dec. 1, 2008). Moreover, the child support table was updated over time, and based on the table in effect from 2013 when the youngest child turned twelve through 2015 when Wood moved to modify, Wood's obligation for the two youngest children would have
exceeded
the originally ordered $297 per week in child support for the three children.
See
[¶ 48] Although the dissent posits that our holding produces an unfair result, any interpretation of the law in this area will produce a result that may seem unfair to one party or the other. Due to the divorce judgment's language and the identified ambiguities in our earlier case law, neither Higgins nor Wood could be certain about the amount of support owed after the oldest child reached age eighteen. Interpreting the judgment as we have, Wood has paid somewhat more than he would have pursuant to the child support guidelines then in effect. See Child Support Guidelines and Calculation Tables (effective Feb. 8, 2014); Child Support Guidelines and Calculation Tables (effective Dec. 1, 2008). If we were to interpret the change in support as Wood suggests, however, Higgins-the parent providing primary residence for the children-would have received significantly less than the amount of child support that she was entitled to pursuant to those guidelines. See Child Support Guidelines and Calculation Tables (effective Feb. 8, 2014); Child Support Guidelines and Calculation Tables (effective Dec. 1, 2008). It is hoped that today's clarification of the law will increase certainty and predictability for families and the Department and avoid this shifting sense of unfairness in the future.
D. Administrative Collateral Estoppel and Equitable Estoppel
[¶ 49] Wood raised issues of administrative collateral estoppel and equitable estoppel in his motion for summary judgment, and he now argues that the court erred in failing to grant him relief pursuant to those doctrines.
[¶ 50] The Maine Rules of Civil Procedure do not allow for motions for summary judgment on post-judgment motions in family matters. See M.R. Civ. P. 56(a) ("A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in the party's favor upon all or any part thereof." (emphasis added) ). Thus, these arguments were not properly raised in the District Court, and neither the magistrate nor the District Court could adjudicate the issues. Wood did not seek conclusions of law concerning either of these doctrines after the court entered its judgment on the post-divorce motions. See M.R. Civ. P. 52.
[¶ 51] Thus, although Wood has argued the doctrines of administrative collateral estoppel and equitable estoppel on appeal, these arguments were never properly presented to the trial court for consideration. We cannot, in this procedural posture, provide any meaningful appellate review.
[¶ 52] Moreover, even if the issues had been presented properly, Wood could not prevail. Although Wood contends that Higgins and the Department may not relitigate the determination that the Department reached in its February 2015 letter, administrative collateral estoppel cannot preclude a court from ruling on a legal issue presented through a motion to modify court-ordered child support.
See
Larrivee v. Timmons
,
[¶ 53] As to equitable estoppel, there is no indication in the stipulated evidence that Wood took action to his detriment in reasonable reliance on either Higgins or the Department, to the extent that the Department can be considered Higgins's agent.
See
Dunwoody
,
III. CONCLUSION
[¶ 54] Judgments in family matters should provide certainty that the amount of court-ordered child support will remain in place unless and until that amount is either (1) superseded by a predictable, prospectively designated amount that is explicitly stated in the child support order itself or (2) modified by the court upon a proper motion. We have not authorized, and do not here authorize, self-help in changing the amount of child support.
See
Lund
,
[¶ 55] When a judgment entered after January 18, 2005, does not include an explicit amount for the future obligation, a new court order will be necessary to establish the amount owed when circumstances change.
See
Bartlett
,
[¶ 56] The court did not err in concluding that Wood was not entitled to recover a substantial portion of the child support that he paid to Higgins before he served his motion to modify on her. Accordingly, we affirm the judgment.
The entry is:
Judgment affirmed.
The Department's case notes indicate that Wood first telephoned the Department about his oldest child reaching age eighteen in 2009, and Wood was then informed that the "blanket order" that was in place did not authorize a change in the amount of child support. Wood called about the issue again in February 2015.
The Maine Rules of Civil Procedure do not allow for motions for summary judgment on post-judgment motions in family matters. See M.R. Civ. P. 56(a) ("A party seeking to recover upon a claim, counterclaim, or cross-claim or to obtain a declaratory judgment may move with or without supporting affidavits for a summary judgment in the party's favor upon all or any part thereof." (emphasis added) ). It was through such an impermissible motion that Wood raised administrative collateral estoppel and equitable estoppel issues.
Despite his own assertion through his motion for summary judgment that there were no genuine issues of material fact, Wood submitted a witness list after receiving a hearing notice and objected to proceeding with a nonevidentiary hearing. Ultimately, the magistrate accepted stipulated exhibits and heard legal arguments, as explained further below.
The appeal was filed before September 1, 2017; hence, the restyled Maine Rules of Appellate Procedure do not apply. See M.R. App. P. 1 (restyled). We cite to the applicable rules throughout this opinion, except as indicated.
Wood also moved to strike certain arguments made by Higgins, but we denied that part of Wood's motion.
A court order of child support may be entered in other contexts, as well, and our holding today applies equally to any court-ordered support. See, e.g. , 19-A M.R.S. § 1654 (2017) (parents living apart); 19-A M.R.S. § 4007(9) (2017) (protection from abuse); 22 M.R.S. § 4038-C(4) (2017) (permanency guardianship).
Some portions of the guidelines have recently been amended, as discussed further in this opinion below. See P.L. 2017, ch. 30 (effective Nov. 1, 2017) (to be codified at 19-A M.R.S. §§ 1653, 2001, 2006 ).
The fee schedule has recently been amended, effective July 1, 2018, but there is no fee for filing a motion seeking only the modification of child support. See Revised Court Fees Schedule and Document Management Procedures, Me. Admin. Order JB-05-26 (as amended by A. 7-18), § I(A)(2) (effective July 1, 2018).
This portion of the statute was repealed, effective November 1, 2017, when the Legislature "amend[ed] the laws governing child support guidelines to conform to changes made by the Department of Health and Human Services by rule that eliminate the age categories in the child support table." L.D. 364, Summary (128th Legis. 2017);
see
P.L. 2017, ch. 30, § 1 (effective Nov. 1, 2017) (repealing 19-A M.R.S. § 1653(13) ). The Department's revised single-tier table was adopted with an effective date of July 29, 2016.
See
See P.L. 2017, ch. 30 (effective Nov. 1, 2017) (to be codified at 19-A M.R.S. §§ 1653, 2001, 2006 ) (eliminating age categories from the guidelines for determining child support).
The subsequent amendment to this paragraph merely altered the ending punctuation and added the word "and" to accommodate a new paragraph H. See P.L. 2009, ch. 290, § 15 (effective Sept. 12, 2009).
To the extent that the use of the date of the Bartlett decision in the statute is ambiguous, testimony regarding the legislation indicates that the statute was designed to "eliminate the extremely harsh retroactive application of the decision in Bartlett ," but leave "orders established or modified after Bartlett " to be "calculated according to the holding in that case." An Act to Improve Child Support Services: Hearing on L.D. 1589 Before the J. Standing Comm. on Judiciary , 122d Legis. 3 (2005) (testimony of Stephen Hussey, Director of Division of Support Enforcement & Recovery, Dep't of Health & Human Servs. Bureau of Family Independence).
Although the filing of such a motion may seem burdensome, as we indicated above, it is possible for a judgment to be entered promptly if no hearing is requested and "the proposed modified support obligation is equal to or greater than the obligation resulting from the application of" the applicable support guidelines. 19-A M.R.S. § 2009(6) (2017). In such circumstances, no hearing is required, and the parties' modified order may be entered swiftly.
See
Recognizing that a retrospective calculation without the benefit of the parties' input is an imperfect vehicle for accuracy, we acknowledge that these numbers are estimates.
On these facts, even had Wood properly presented the facts and law in support of his equitable claim, he would not have prevailed, given the general purpose of equity to provide a remedy only where the rigid application of the law results in an injustice.
See
Dep't of Health & Human Servs. v. Pelletier
,
In sum, the amount Wood seeks is far in excess of the reductions that the guidelines would likely have established upon the pertinent changes in the children's ages, he was made aware in the judgment of the necessity to file a motion to modify if any circumstances changed, and any overpayments went toward the support of his own children. A court would not be likely to provide an equitable remedy in such circumstances.
Cf.
Pelletier
,
Dissenting Opinion
[¶ 57] I respectfully dissent because I believe that the Court ignores the plain language of the statute and imposes additional burdens on family law litigants that the Legislature neither intended nor anticipated.
A. Plain Meaning of the Statute and the Court Order
[¶ 58] When we are required to interpret text-in legislation and in contracts-we are first and foremost guided by the principle that the plain language of the statute or document controls our analysis.
See
Griffin v. Griffin
,
12. Termination of order. A court order requiring the payment of child support remains in force as to each child until the order is altered by the court or until that child:
A. Attains 18 years of age....
[¶ 59] As written, the language of section 1653(12)(A) is simple, logical, and clear. Keeping in mind that roughly seventy-five percent of the litigants in family court navigate the system without an attorney,
[¶ 60] After today's Opinion, if an obligor has more than one child, that obligor can no longer look to the plain language of section 1653(12)(A) in order to know what happens when one of their children turns eighteen. Section 1653(12)(A) is no longer sufficient on its own. The Court uses the new term, "self-effectuating," which does not appear in case law, in statute, or in the court order at issue in this case. Court's Opinion ¶¶ 1, 15. In
Bartlett v. Anderson
, the Court used the term "undifferentiated" to refer to the child support order, which did not provide a different amount when one child, but not the others, had reached the age of eighteen.
[¶ 61] Here, the Court's use of the term "self-effectuating" effectively amends section 1653(12)(A) to include a provision that the Legislature did not provide for in the statute. However, contrary to the Court's conclusion, an order can differentiate the amount owed for each child without creating a formula for calculating the remaining support owed for the children still under age eighteen. By interposing the concept of a "self-effectuating" order, the Court today takes the "undifferentiated" language from Bartlett one step further. Ultimately, the Court should not amend the statute to include a provision that it acknowledges the Legislature did not contemplate in the statute.
[¶ 62] The Legislature did not qualify the straightforward plain language of the statute by adding that, if there are other children, then the order remains in effect beyond the oldest child's eighteenth birthday, until such time that the court makes adjustments to the order . Despite the absence of this or similar language in the statute, the Court today amends the plain language of section 1653(12)(A) to include this new requirement. Court's Opinion ¶ 40. Such a statutory amendment should be left to the Legislature.
[¶ 63] Turning to this case, the child support order, which mirrors the statute, is clear: "The child support obligation shall continue for each child until that child reaches the age of 18 ...." The child support worksheet, which is incorporated into the child support order, distinguishes between the amount owed for the oldest child and the amount owed for the younger children. Based on the worksheet, it is a simple task to determine how much child support is attributed to the eighteen-year-old.
The language in the order is clear and unambiguous and should therefore be given its full weight and effect. The overall child support obligation should have been reduced by the amount specified in the child support worksheet attributed to the oldest child when that child turned eighteen.
B. Reliance on Bartlett
[¶ 64] As the Court acknowledges, subsequent to
Bartlett
, the Legislature passed legislation to circumvent the harshness of the holding in that case. Court's Opinion ¶ 33; P.L. 2005, ch. 352, § 5 (codified as subsequently amended at 19-A M.R.S. § 2006(8)(G) (2017) ).
[¶ 65] The new legislation placed the burden on the courts, not the obligor, and put the obligee, in this case, the State, on notice of the need for an order that makes an automatic adjustment when there are children who have not yet attained the age of eighteen. See 19-A M.R.S. § 2006(8)(G). When the court fails to include such a "self-effectuating" provision in an order, and the obligee fails to secure such an order, then the plain meaning of the order and the statute should prevail: the obligor's obligation for a child ends when the child reaches age eighteen.
[¶ 66] Furthermore,
Bartlett
did not turn on the need for a "self-effectuating" order; rather, it turned on the distinction between differentiated and undifferentiated orders.
See
Bartlett
,
C. Conclusion
[¶ 67] With its opinion today, the Court is not only legislating new requirements for litigants involved in family matters, it is increasing the volume of litigation and making the process exceedingly more complicated for the many self-represented litigants in family court. Given the plain language of both section 1653(12)(A) and the order in this case, when the child attained the age of eighteen, the child support obligation for that child should have terminated without the need for the obligor to return to court.
As the Court intimates, the subsequent amendment has no relevance here. Court's Opinion ¶ 33 n.11.
Reference
- Full Case Name
- Shelly R. HIGGINS v. Todd A. WOOD
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- Published