Christine v. Violette v. Randy R. Violette
120 A.3d 667
| Me. | 2015Background
- Christine V. Violette seeks divorce from Randy R. Violette; district court awarded spousal and child support and divided assets; the court treated Sidney real estate and Power Equipment Plus as Randy’s nonmarital property; parenting plan imposed specific future discipline rules; court vacated the rigid parental discipline provision but affirmed other rulings.
- The couple has three children.
- Sidney property details: value 313,900; debts 106,725 and 869; net value 206,306; pre-marital purchase by Randy.
- Power Equipment Plus: Subchapter S Corp, 100% owned by Randy; business finances and intermingling disputed; evidence suggested value may be zero.
- Court held that Christine’s evidence insufficient to show marital component in Sidney property and Power Equipment Plus; income found at 50,000; spousal support of 300/week for 156 weeks affirmed; rigid parental discipline order vacated.
- The divorce judgment dated May 21, 2014; August 2014 post-judgment findings; final issues on income, support, property, and parenting.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Income determination for support | Violette argues income is higher than 50,000 | Violette contends 50,000 is accurate | No clear error; 50,000 supported by record |
| Spousal support adequacy | Court undervalued transitional needs | Award reasonable under statute and factors | Not an abuse of discretion; 300/week for 156 weeks upheld |
| Marital vs nonmarital property (Sidney Real Estate) | Property had marital component via mortgage payments | Property wholly nonmarital | Court did not clearly err; Sidney property deemed wholly nonmarital |
| Parental discipline order | Order infringes on parental rights | Order necessary to protect children | Vacate rigid discipline provision; other parenting provisions affirmed |
Key Cases Cited
- Coppola v. Coppola, 2007 ME 147 (Me. 2007) (pre-marital real property with mortgage payments during marriage may have marital component)
- Williams v. Williams, 645 A.2d 1118 (Me. 1994) (source of funds rule for determining marital/nonmarital components)
- Miliano v. Miliano, 2012 ME 100 (Me. 2012) (burden of proof and classification of nonmarital property)
- Peters v. Peters, 1997 ME 134 (Me. 1997) (no value in a corporation where liabilities outweigh assets)
- Gordon v. Cheskin, 2013 ME 113 (Me. 2013) (defers to credibility and conflict resolution in findings)
- In re A.M., 2012 ME 118 (Me. 2012) (standard for clear error and factual sufficiency)
- Charette v. Charette, 2013 ME 4 (Me. 2013) (abuse of discretion framework for parental rights)