WRENN V. LEWIS 818 A.2d 1008 (2003) CASE BRIEF

WRENN V. LEWIS

818 A.2d 1008 (2003)

NATURE OF THE CASE: Lewis (H) appeals from the judgment finding him in contempt for his failure to pay spousal support, granting his motion to reduce child support in part, and denying his motion to eliminate spousal support.

FACTS: H and Cheryl (W) were divorced in April of 1998. They were awarded shared parental rights and responsibilities for their son and daughter, with Cheryl being allocated the primary residential care of the children. H had worked at Carleton Woolen Mills for twenty-three years and was earning $63,000 a year, and W performed part-time housecleaning earning $4800 a year. H was to pay child support in the amount of $228.76 per week (decreasing to $168 when the older child turned eighteen), provide health insurance for the children, and cover 90% of any uninsured health care needs; (2) pay spousal support in the amount of $15,000 per year for two years, and then $16,500 per year for the next three years; and (3) maintain life insurance through his employment with W as the named beneficiary until both children reach the age of twenty-one years and, if life insurance is no longer available through H's job, to obtain it in an amount sufficient to cover his outstanding child and spousal support obligations. H filed a motion to modify the divorce judgment in that H would be unemployed shortly. W had filed a motion for contempt because H was only paying a portion of the child support and none of the spousal support. From January to April 2000, H earned a total of $8000 from part-time employment. H began to receive unemployment benefits in the amount of $274 per week. The Department of Human Services garnished $127 per week for child support. His total income for the year 2000 was $18,000. H enrolled in a federal program for retraining to become an airline pilot. H decided not to seek a management position in other manufacturing sectors in Maine. H's unemployment benefits totaled approximately $14,248 a year. Upon being certified as a flight instructor after a year of additional training, H expected to earn $16,000 per year. He estimated he would have to work eighteen months as a flight instructor to accumulate the flight hours required to obtain the licensure necessary to obtain employment as a private pilot. The court found that H failed to pursue a meaningful employment search. H offered no sound explanation for his failure to pursue full-time employment even though the minimum time he was required to dedicate to his pilot training program was nine hours per week. H liquidated his retirement fund and used the proceeds to pay off all of his debts, including the $7800 owed on his car loan, and his fiance's student loan. He also received a $3000 tax refund that he chose not to apply toward his support obligations. In 2000 W had earned $11,230 cleaning residential and commercial buildings and working as a cook on weekends. She projected her income for the year 2001 to be $15,000. W testified that H owed her $22,551. H was approached about similar positions at plants in Minnesota, Georgia, North Carolina, and Mexico which would probably pay $40,000 to $50,000 to start. H did not investigate these jobs. The court imputed income in the amount of $50,000 per year. The court made minor modifications in child support. The court also granted W's motion for contempt and sentenced David to forty-five days in jail, suspended if payments were made on a schedule created by the court. H appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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