Akers v. Akers
2012 ME 75
| Me. | 2012Background
- Timothy L. Akers and Jennifer A. Akers are parties to a divorce finalized in 2007.
- The District Court entered a modified divorce judgment awarding the mother the primary residence of their daughter during the school year and ordering child support.
- Timothy moved for modification seeking primary residence; Jennifer sought no change or supported ongoing arrangement.
- The court applied 19-A M.R.S. § 1653(3) best interests factors to determine primary residence and support, concluding the mother should retain primary residence during the school year with substantial contact for Timothy.
- Timothy challenged both the weight given to evidence on residence and the calculation of child support; the court’s findings were affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion on primary residence. | Timothy contends the court misweighed evidence on residence. | Akers argues the court properly weighed factors to serve the child's best interests. | No abuse; best interests supported continuing the mother’s school-year residence. |
| Whether the court erred in child support computation and GAL fees. | Timothy claims miscalculation and improper GAL fee split. | Akers asserts the court acted within discretion and properly allocated GAL fees. | Preservation issue; remainder not persuasive; GAL split deemed proper. |
Key Cases Cited
- Sheikh v. Haji, 2011 ME 117 (Me. 2011) (abuse of discretion standard for custody and residence)
- Cloutier v. Lear, 1997 ME 35 (Me. 1997) (standard for reviewing custody decisions; emphasis on best interests)
- Smith v. Padolko, 2008 ME 56 (Me. 2008) (best interests factors and deference to trial court findings)
- Nadeau v. Nadeau, 2008 ME 147 (Me. 2008) (clear error standard for factual findings)