199 A.3d 1169
Me.2019Background
- Jaison Robertson and Danielle Cashman married in 2003 and separated in July 2016; two minor daughters live with Danielle, who was primary caretaker.
- The District Court entered a divorce judgment after trial; Jaison appealed, challenging the court's verbatim adoption of Danielle's proposed judgment, classification of certain assets as marital property, and the court's income finding for 2016.
- The court found a history of Jaison's violent and threatening conduct toward Danielle and the children; Danielle fled the home after threats and found many of her belongings destroyed.
- Both parties earned six-figure incomes: Danielle ~ $144,000 (and paid family health insurance and childcare); Jaison ran a construction business with gross revenues of $492,453 in 2016, but claimed a personal loss that year.
- The court awarded the marital home to Danielle (to be sold), found the Orrington camp and a 2017 motorcycle to be marital property, allocated specific personal property and liabilities, awarded Danielle roughly $60,000 in property plus cash adjustments (including $20,000 equalization, $5,556 for destroyed items, and $15,000 toward attorney fees), and awarded the camp to Jaison.
- The court determined Jaison's 2016 net personal income was $150,000 based on loan applications, business practices, lifestyle, and tax returns rather than the $6,000 loss he claimed.
Issues
| Issue | Plaintiff's Argument (Robertson) | Defendant's Argument (Cashman) | Held |
|---|---|---|---|
| Whether the court improperly adopted Danielle's proposed judgment without independent judgment | Court merely adopted Danielle's proposed order verbatim, so judgment lacks independent judicial exercise | Court applied independent judgment and departed from Danielle's proposal on key factual findings and remedies | Court applied independent judgment; no error in adoption |
| Whether the 2017 Victory motorcycle is marital property | Motorcycle was a gift to Jaison (nonmarital) | Motorcycle was effectively purchased with marital funds (Danielle loaned $10,000) and was not listed as nonmarital | Motorcycle is marital property |
| Whether the Orrington camp is marital property | Jaison claimed he did not purchase the property (nonmarital) | Evidence (social media, interrogatory responses, improvements) showed purchase/use during marriage | Camp is marital property |
| Whether the court erred in finding Jaison's 2016 income was $150,000 | Jaison reported a $6,328 personal loss in 2016 and claimed much lower income | Court relied on loan applications reporting $150,000, tax returns, business practices, and lifestyle to conclude higher income | Court’s factual finding of $150,000 income supported by competent evidence; no clear error |
Key Cases Cited
- Yap v. Vinton, 137 A.3d 194 (Me. 2016) (verbatim adoption of a party's proposed order is disfavored; court must show independent judgment)
- Jarvis v. Jarvis, 832 A.2d 775 (Me. 2003) (same principle regarding proposed orders)
- Sloan v. Christianson, 43 A.3d 978 (Me. 2012) (trial court credibility and weight-of-evidence determinations are entitled to deference)
- Payne v. Payne, 899 A.2d 793 (Me. 2006) (income findings in divorce are factual and reviewed for clear error)
- Violette v. Violette, 120 A.3d 667 (Me. 2015) (trial court resolves conflicting evidence on income credibility)
- Bonville v. Bonville, 890 A.2d 263 (Me. 2006) (standard of review for classification of marital property)
- Ehret v. Ehret, 135 A.3d 101 (Me. 2016) (court may impute income when a party is voluntarily underemployed; distinction between imputation and credibility-based income findings)
- Adoption of Paisley, 178 A.3d 1228 (Me. 2018) (where party does not seek further findings, appellate court will infer trial court found necessary facts supported by competent evidence)