170 A.3d 803
Me.2017Background
- Divorce decree (2008) granted Lisa West-Harper primary residence of two minor children and ordered Eric Teele to pay child support.
- Teele filed for SSA disability in Sept 2014, continued paying child support, and SSA found him disabled in March 2016 with retroactive dependent benefits for each child covering Oct 2014–Feb 2016 (lump sums) and ongoing monthly benefits starting March 2016.
- Teele moved to modify child support in May 2016, claiming a credit/reimbursement for child support he paid during the period covered by the SSA retroactive dependent benefits.
- The court amended the support order to grant a credit prospectively (and as to payments covered by the amended order) but held the amendment was retroactive only to the date Teele served his modification motion (May 2016) under 19-A M.R.S. § 2009(2).
- The court denied Teele reimbursement for pre-May 2016 payments because the 2008 order did not include the findings required by 19-A M.R.S. § 2107 to authorize a credit for dependent benefits.
Issues
| Issue | Plaintiff's Argument (Teele) | Defendant's Argument (West-Harper) | Held |
|---|---|---|---|
| Whether § 2107 entitles Teele to reimbursement/credit for child support already paid during the period covered by SSA retroactive dependent benefits | § 2107 requires a credit for dependent benefits; Teele should be reimbursed for payments that the SSA benefits satisfied | § 2107 authorizes a credit only when the child support order establishing that obligation includes the statutory findings; 2008 order lacks them so no retroactive credit | Court: § 2107 allows credit only when identified in the applicable child support order; no authority to credit payments made under the 2008 order because it lacked the required findings (affirmed) |
| Whether the amended child support order could be made retroactive to Oct 2014 so the § 2107 credit covers the SSA lump-sum period | Wood common-law exception allows retroactivity to the date obligee ceased custodial responsibilities; credit should reach Oct 2014 | § 2009(2) limits retroactivity to date modification notice was served (May 2016); §2107 does not eliminate continuing support responsibilities | Court: § 2009(2) controls; amendment may be retroactive only to service date (May 2016); Wood exception does not avail Teele |
Key Cases Cited
- Young v. Young, 973 A.2d 765 (Me. 2009) (§ 2107 requires court to determine obligation and include findings in order before granting dependent-benefits credit)
- Wood v. Wood, 407 A.2d 282 (Me. 1979) (pre-§2009 common-law framework on retroactive modification of child support)
- Roberts v. Roberts, 697 A.2d 62 (Me. 1997) (divorce and incidental relief jurisdiction is purely statutory)