Kevin Dube v. Lisa Dube
131 A.3d 381
| Me. | 2016Background
- Kevin and Lisa Dube divorced after a contested District Court hearing; they share a 14‑year‑old daughter.
- Kevin is a merchant marine engineer who works much of the year on the Great Lakes; Lisa is primarily a homemaker with some self‑employment income.
- The District Court granted shared parental rights and ordered Kevin "visit" rights when he is in Maine, instructed the parents to confer on a schedule, and required phone access between child and parents.
- The court’s child support worksheet listed Lisa’s gross income as $25,000 and Kevin’s as $175,000, producing a $325/week child support order.
- The court awarded Kevin pay $3,300/month general spousal support for six years, citing Kevin’s substantially greater income and earning potential.
- Kevin moved to alter/amend and for findings of fact challenging (a) deprivation of overnight visitation and lack of a specific Maine contact schedule, and (b) the court’s finding that his income is $175,000; the court denied the motions and Kevin appealed.
Issues
| Issue | Plaintiff's Argument (Kevin) | Defendant's Argument (Lisa) | Held |
|---|---|---|---|
| Whether court erred by "depriving" Kevin of overnight visitation | Court limited overnight visits, harming father–child relationship | Judgment does not restrict overnight visits; parties can agree | Court affirmed: judgment did not bar overnight visits and did not deprive Kevin; no abuse of discretion |
| Whether court abused discretion by failing to set a specific contact schedule when Kevin is in Maine | Lack of a schedule will jeopardize relationship and require more litigation | Parents can cooperate; record supports workable schedule proposed by Lisa | Court affirmed: discretion to leave scheduling to parents was not abused |
| Whether spousal support award is supported by court’s income finding ($175,000) | Court erred; income finding unsupported and requires findings | Court relied on its worksheet/income finding | Court vacated spousal support award and remanded: trial court failed to make adequate findings explaining income determination |
| Whether child support award is supported by court’s income finding ($175,000) | Child support depends on income finding which is unsupported | Court’s worksheet used $175,000 | Court vacated child support award and remanded for further proceedings due to inadequate income findings |
Key Cases Cited
- Sullivan v. Doe, 100 A.3d 171 (Me. 2014) (standard of review for rights of contact)
- Jackson v. MacLeod, 100 A.3d 484 (Me. 2014) (broad discretion for custodial arrangements)
- Young v. Young, 120 A.3d 106 (Me. 2015) (treatment of omitted findings when motion for findings filed)
- Brown v. Habrle, 940 A.2d 1091 (Me. 2008) (trial court duty to make findings sufficient for appellate review)
- Williams v. St. Pierre, 889 A.2d 1011 (Me. 2006) (vacatur where court relied on older income figures without explanation)
- Jarvis v. Jarvis, 832 A.2d 775 (Me. 2003) (vacatur where court ignored current income without stating reasons)
- Payne v. Payne, 899 A.2d 793 (Me. 2006) (vacatur where income finding unclear whether imputed)
- Jandreau v. LaChance, 116 A.3d 1273 (Me. 2015) (abuse of discretion review for spousal support)