143 A.3d 138
Me.2016Background
- McCarthy and Goroshin divorced by Family Law Magistrate judgment (Jan 24, 2011); Goroshin ordered to pay $182.40/week child support starting July 29, 2011, and the marital home was to be listed for sale with any profit split equally.
- McCarthy filed a contempt motion (June 18, 2014) alleging unpaid child support and failure to list the home; Goroshin moved to modify child support and contact and amended to allege reduced earning capacity due to changed employment and a medical condition.
- Hearings were held March 5 and June 3, 2015; court denied Goroshin’s motion to modify and granted contempt in part (Aug 19, 2015).
- The court found Goroshin in contempt for nonpayment of child support for 2011 and 2012, found arrears for 2013–2014 but declined to find willful contempt for those years, and ordered the home listed for sale despite McCarthy’s 2013 quitclaim deed to Goroshin.
- Goroshin appealed; the Supreme Judicial Court vacated the contempt finding as to 2012 but affirmed the judgment in all other respects.
Issues
| Issue | McCarthy's Argument | Goroshin's Argument | Held |
|---|---|---|---|
| Contempt for nonpayment in 2011 | 2011 support unpaid; no waiver | Waiver, cohabitation, or reasonable belief no obligation | Court’s contempt finding affirmed (no waiver; ability to pay shown) |
| Contempt for nonpayment in 2012 | Arrearage persisted | Argues he paid 2012 support | Finding of nonpayment/v. contempt vacated (record showed parties agreed he paid 2012) |
| 2013–2014 alleged arrears and contempt | Sought collection; disputed verbal reduction | Claims McCarthy verbally agreed to accept $500/month (waiver) | Court found evidence of waiver unreliable; arrears found but no willful contempt for 2013–2014 (affirmed) |
| Motion to modify support (substantial change) | No substantial change in circumstances | Changed earning capacity from medical issues and marijuana business losses | Denial of modification affirmed (business prospects and insufficient proof of reduced capacity) |
| Sale of marital home per judgment | Deed did not defeat sale requirement; proceeds to be split | Quitclaim from McCarthy to Goroshin extinguished sale obligation | Court’s order to list and divide proceeds affirmed (obligation in personam survives transfer) |
| Admission of 2015 insurance letter | Admitted to show McCarthy’s state of mind re: duress | Hearsay objection | Admission harmless even if error; judgment did not rely on duress finding (affirmed) |
Key Cases Cited
- Finucan v. Williams, 73 A.3d 1056 (Me. 2013) (trial court findings presumed where no additional findings requested)
- Dep’t of Human Servs. v. Bell, 711 A.2d 1292 (Me. 1998) (waiver requires voluntary, knowing relinquishment and may be inferred from conduct)
- Dep’t of Health & Human Servs. v. Pelletier, 964 A.2d 630 (Me. 2009) (standards for reviewing waiver findings)
- Wells v. State, 474 A.2d 846 (Me. 1984) (civil contempt is remedial and coercive to secure rights of another party)
- Lewin v. Skehan, 39 A.3d 58 (Me. 2012) (standard of review for contempt findings)
- Fitzgerald v. Trueworthy, 476 A.2d 183 (Me. 1984) (divorce judgment imposing sale creates in personam obligation enforceable despite title changes)
- Bonner v. Emerson, 105 A.3d 1023 (Me. 2014) (divorce judgments enforced according to their plain language)
- In re Scott S., 775 A.2d 1144 (Me. 2001) (harmless-error analysis for evidentiary rulings)