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LUCHETTI v. LUCHETTI

May 24, 1982

CAROL J. LUCHETTI
v.
EDWARD D. LUCHETTI



Appeal from the Superior Court, Piscataquis County.

Before McKUSICK, C.J., Godfrey, Nichols, Roberts, VIOLETTE and Wathen, JJ., and Dufresne, A.R.J.

The opinion of the court was delivered by: Per Curiam.

On June 27, 1977, the District Court (Piscataquis) entered a divorce judgment dissolving the marriage of Edward and Carol Luchetti, and awarding Mrs. Luchetti custody of their three minor children. The divorce decree further provided that Mr. Luchetti was to pay his former wife $15.00 per week per child for the support of the children. In January 1981, the defendant, Mr. Luchetti, filed a motion in District Court to alter the divorce decree seeking custody of the three children and money for their support from his former wife. Mrs. Luchetti then filed a motion for arrearages. After a hearing in District Court, judgment was entered denying the motion for arrearages and granting the motion to alter the divorce decree. The judgment amended the divorce decree to reflect the award of custody of the three children to Mr. Luchetti, and Mrs. Luchetti's obligation of support in the amount of $5.00 per week per child. The defendant appealed the judgment, on the issue of the amount of support his former wife was obligated to pay, pursuant to D.C.Civ.R. 73(a) to the Superior Court, Piscataquis County. The plaintiff, Mrs. Luchetti cross-appealed the denial of her motion for arrearages. After a hearing, the Superior Court entered the following judgment:

The appeal by the defendant is hereby denied.

  The cross-appeal by the plaintiff is hereby affirmed and the
  case is remanded to the District Court for further proceedings
  in accordance with this order.
The defendant is the only party who has appealed the judgment of the Superior Court. The defendant raises two claims of error on appeal (1) that the amount of support awarded in the District Court reflects an abuse of discretion by the presiding judge; and (2) that the Superior Court erred in ...

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