34 A.3d 1146
Me.2012Background
- Cloutier and Turner divorced in 1987; 1992 amended judgment awarded Turner primary custody of two daughters, Cloutier owed $40/week and 37% of uninsured medical expenses.
- Turner filed a motion to enforce on September 1, 2010, seeking unpaid child support and uninsured medical costs; hearing held December 10–13, 2010.
- Children were adults (25 and 27) at enforcement; Cloutier had other child support obligations.
- Court found total arrears of $15,853.97 for 1992–2003, Turner paid $10,481 in uninsured medicals, and awarded Turner $3,877.97 (37% of unpaid arrears) plus attorney fees; total judgment $23,529.94.
- Cloutier appealed asserting standing, limitations, equal protection, and laches; the superior court judgment was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to enforce after children reach adulthood | Turner loses standing when children age out. | Arrearages survive; custodial parent has standing for enforcement. | Turner has standing to enforce arrearages. |
| Applicable statute of limitations for overdue child support | Arrearages governed by six-year limit (14 M.R.S. § 752). | Arrearages are money judgments; no ordinary statute of limitations; 20-year presumption applies. | Arrearages are money judgments; no statute of limitations; 20-year presumption applies. |
| Equal protection in treatment vis-à-vis paternity actions | Six-year limit in paternity actions should apply to Cloutier. | All enforcement under 19-A M.R.S. §§ 2101-2675; equal protection not violated. | No equal protection violation; enforcement framework identical across actions. |
| Laches as a bar to enforcement | Delay prejudices Cloutier; records missing. | Delay alone does not establish laches; burden not met. | Laches not established; claim not barred. |
Key Cases Cited
- Tapman v. Tapman, 544 A.2d 1265 (Me. 1988) (arrearages vest for support; arrearage liability survives majority)
- Carter v. Carter, 611 A.2d 86 (Me. 1992) (treats child-support arrearages as money judgments; no statute of limitations)
- Matteson v. Batchelder, 2011 ME 134 (Me. 2011) (standing determined; appellate review available)
- Glew v. Glew, 734 A.2d 676 (Me. 1999) (laches considerations in similar contexts)
- Hawksley v. Gerow, 10 A.3d 715 (Me. 2011) (de novo review of laches defense)
- Friends of Lincoln Lakes v. Bd. of Envtl. Prot., 989 A.2d 1128 (Me. 2010) (equal protection considerations in enforcement)