Gillis v. Gillis
15 A.3d 720
| Me. | 2011Background
- Robert and Judith Gillis divorced in 1988; spousal support was the greater of $735 or 50% of Robert's VA benefits.
- A 1991 post-judgment order increased spousal support to $1,000 monthly.
- In 1993 Robert unilaterally reduced his payments to $800 monthly.
- In 2009 Judith moved to enforce the $1,000 order and for an arrearage; interim agreed resolution required $800 monthly plus a $10,000 lump sum in 2010.
- In 2010 Judith filed a contempt motion; Robert was found in contempt for failing to pay and purging efforts were unsuccessful, resulting in a jail sentence.
- The court later modified in 2010, determining Robert could pay $800 monthly, computing arrearage at $46,500, and setting further purge and fee terms; a conditional income withholding order was issued.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May disability benefits be treated as income for ability to pay? | Gillis contends disability pay is protected and cannot be used to determine ability to pay. | Gillis argues USFSPA bars treating disability as income for support calculations. | Disability benefits may be treated as income for ability to pay; not a direct division of disability pay. |
| Authority to withhold or garnish disability benefits under USFSPA? | Contends withholding order against disability pay was improper. | Claims the court had authority to withhold under USFSPA. | Conditional withholding against disability pay not authorized; error harmless if not served. |
| Earning capacity and expenses – support calculation supported? | Robert argues errors in earning capacity and high expenses undermine ability to pay. | Judith asserts findings are supported and show ability to pay $800 monthly. | Finding of $10,000 annual earning capacity and $30,000 annual expenses supported; computation affirmed. |
| Sufficiency of contempt evidence after jail sentence? | Contempt findings should be reconsidered due to procedural issues. | Contempt supported by evidence that he did not purge and continued noncompliance. | Contempt upheld; failure to purge and continued noncompliance supported by record. |
| Attorney fees award abuse of discretion? | Contends inability to pay warrants no fee award. | Court considers fairness and financial circumstances. | No abuse of discretion; fee award affirmed. |
Key Cases Cited
- Black v. Black, 2004 ME 21 (Me. 2004) (disability pay may be treated as income for support determinations)
- Koszegi v. Erickson, 2004 ME 113 (Me. 2004) (USFSPA considerations and income treatment)
- Pettinelli v. Yost, 2007 ME 121 (Me. 2007) (abuse of discretion standard in modifications)
- Sutherland v. Morrill, 2008 ME 6 (Me. 2008) (assume findings support outcome when findings omitted)
- Wandishin v. Wandishin, 2009 ME 73 (Me. 2009) (relative ability to pay and totality of circumstances in attorney fees)
- Efstathiou v. Efstathiou, 2009 ME 107 (Me. 2009) (clear and convincing evidence for contempt; procedural standards)
- Edwards v. Campbell, 2008 ME 173 (Me. 2008) (evidence sufficiency for contempt findings)