Petersen v. Van Overbeke
Petersen v. Van Overbeke
Opinion of the Court
[¶ 1] Paul J. Van Overbeke appeals from a judgment of the District Court (Belfast, Worth, J. ) modifying his child support obligation to Katrina I. Petersen regarding their minor child. Van Overbeke argues that neither party requested that the court modify child support and that the court erred both by addressing the issue and in its calculations. Because the court had authority to modify child support but erred in its calculations, we vacate the judgment and remand for the court to enter a judgment that correctly calculates the parties' child support obligations.
I. BACKGROUND
[¶ 2] On November 20, 2008, the District Court (Belfast, Mathews, M. ) granted a divorce to Van Overbeke and Petersen. Pursuant to the judgment, which was entered by agreement, the parties had shared parental rights to their then three-year-old child. In addition, the child's primary residence was to alternate every four months between Minnesota, where Van Overbeke lived, and Maine, where Petersen lived. Each parent was responsible for paying to have the child "delivered to the other." This arrangement was to continue until "the child is of age to start kindergarten in either state." The judgment required neither party to pay child support and explained that the deviation was based on "[t]he cost of travel related [to] the minor child." Child support documents attached to the divorce judgment show that, had child support been ordered pursuant *246to the guidelines, Van Overbeke would have been ordered to pay $89 per week.
[¶ 3] In 2009, each party filed a motion to modify, asking that the court establish a new contact/residence schedule for the child. In an agreed-to judgment dated July 26, 2010, the court (Waterville, Dow, J. )
[¶ 4] On June 12, 2017, Van Overbeke filed a motion to modify in the District Court in Waterville. In his motion, Van Overbeke asked that the parental rights and responsibilities order be amended to order that the child spend the school year with him in Minnesota and the summers with Petersen in Maine. Petersen, not represented by counsel, responded. The court (Ham-Thompson, M. ) held a case management conference and issued an order dated July 24, 2017, indicating that child support, among other issues, remained in dispute and that the case would be transferred back to the District Court in Belfast. The court (Belfast, Worth, J. ) held a testimonial hearing on November 20, 2017, and made the following findings of fact in its order dated December 6, 2017.
[¶ 5] Van Overbeke lives in Minnesota with his second wife and their three children. He earns approximately $60,000 per year. Petersen lives in Maine, where she earns approximately $40,000 per year.
[¶ 6] The child, who is now twelve years old, has lived with Petersen during the school year and with Van Overbeke in Minnesota in the summer since 2010. He does very well in school and participates in a variety of activities. Noting that the child "has had the same core group of friends since age 5, but is generous and compassionate enough to include other children in his friendships," the court determined that "[i]t would not be in the child's best interest to make a change in primary residence now."
[¶ 7] Having denied Van Overbeke's motion to modify the child's primary residence, the court turned to the issue of child support, which it noted "was identified as in dispute now." In its judgment, the court found that there was a "substantial discrepancy between the parents' earnings." The court's judgment modified the existing child support order by incorporating a child support worksheet and order that calculated the parties' support obligations.
[¶ 8] The court's child support worksheet listed Petersen's gross income as $40,000 and Van Overbeke's gross income as $80,000. The court adjusted Van Overbeke's income by $156 to $79,844, based on his imputed obligation to his other three children. As for health insurance, the court made no adjustments because it found that "[t]he record does not show whether a parent pays for health insurance." The order did invite the parties to "inform the Court in writing" if they agreed that one parent did provide health insurance and stated that "a modified child support worksheet and order could be issued." The parties *247did not respond to the court's invitation.
[¶ 9] Based on these calculations, the court ordered Van Overbeke to pay Petersen $177 weekly while the child is living in Maine and suspended his obligation to pay when the child is with him in Minnesota. The court also ordered Van Overbeke to continue paying the child's transportation costs for travel to and from Minnesota and awarded Petersen the right to claim the child for income tax purposes. Van Overbeke appeals, challenging only that portion of the court's judgment that modifies child support. 19-A M.R.S. § 104 (2017) ; M.R. App. P. 2B(c); M.R. Civ. P. 123.
II. DISCUSSION
A. Authority to Modify Child Support Order
[¶ 10] Van Overbeke contends that the court erred by modifying the existing child support order because the issue was "not raised by either party." His argument is best characterized as a contention that the court lacked the legal authority to modify the 2010 child support order because his motion to modify primary residence and parental rights did not bring the proceeding within the scope of 19-A M.R.S. § 2009 (2017). "We review de novo whether a court has legal authority to take the action it has taken." Efstathiou v. Aspinquid, Inc. ,
[¶ 11] Child support is intended to foster and protect the best interest of a child. See 19-A M.R.S. §§ 1653(1), (3), (8), 2007(3) (2017) ; Court v. Kiesman ,
[¶ 12] We addressed a similar argument to that raised by Van Overbeke in Ames ,
[¶ 13] Here, Van Overbeke's motion to modify, which was properly before the court, sought to change parental rights and responsibilities and the child's primary residence. In his motion, Van Overbeke stated that he was seeking the "[s]ame child support agreement, just opposite." Petersen responded to Van Overbeke's motion by filling out and filing with the court several forms related to family matters. On one of the forms Petersen filed, she "ask[ed] the court to review the child support order and that Paul Van Overbeke be ordered to pay an appropriate amount for the care of [the child]." Construing-as we must-Petersen's response "to do substantial justice," M.R. Civ. P. 8(f) ; see Ames ,
[¶ 14] We note also that there were two orders that put Van Overbeke on notice "of the potential adverse effect of a change in support." Ames ,
[¶ 15] Here, Petersen had sufficiently raised the issue of child support in response to Van Overbeke's motion to modify such that he had sufficient notice that his child support obligation may change. See Longo ,
B. Calculation of Child Support
[¶ 16] Van Overbeke also argues that, even if the court had the authority to modify the child support order, it erred by calculating his support obligation at $177 per week while the child resides in Maine. We agree.
[¶ 17] "We review the trial court's award of child support for an abuse of discretion and its factual findings for clear error." Holbrook v. Holbrook ,
[¶ 18] Finally, the court erred by failing to include "[t]he amount for health insurance premiums" or "[a] requirement that private health insurance ... be provided for the benefit of the child" in its parental support obligation. 19-A M.R.S. § 2006(8)(C)(5), (H) (2017). Although the court found that "[t]he record does not show whether a parent pays for health insurance," Van Overbeke's child support affidavit indicates that he pays for the child's health insurance and, at the hearing, the court itself reiterated Petersen's request that "Van Overbeke continue to maintain [the child] on his health insurance." (Emphasis added.)
[¶ 19] Because of these errors in its calculations, the court "exceeded the bounds of its discretion" when it ordered Van Overbeke to pay $177 per week in child support for the weeks that the child resides in Maine.
The entry is:
Judgment vacated. Remanded for further proceedings consistent with this opinion.
In June of 2009, the court (Belfast, Field, J. ) had granted Petersen's motion to change venue to the District Court in Waterville.
In cases where an order contains such clear errors in the calculations of child support obligations, we encourage parties to file a motion to alter or amend the judgment pursuant to M.R. Civ. P. 59(e). By notifying the trial court of its error through a motion to alter or amend the judgment, the parties could have saved the time and expense associated with this appeal.
Reference
- Full Case Name
- Katrina I. PETERSEN v. Paul J. VAN OVERBEKE
- Cited By
- 3 cases
- Status
- Published