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Voter v. Voter

Supreme Judicial Court of Maine

January 29, 2015

PATRICIA MAE VOTER
v.
DEXTER R. VOTER

Submitted On Briefs October 27, 2014

Page 627

On the briefs:

Kirk D. Bloomer, Esq., Bangor, for appellant Dexter R. Voter.

Benjamin K. Cabot, Esq., C.W. & H.M. Hayes, Dover-Foxcroft, for appellee Patricia Mae Voter.

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, JABAR, and HJELM, JJ.[*]

OPINION

Page 628

HJELM, J.

[¶1] When Patricia Mae Voter and Dexter R. Voter divorced in 2006 after twenty-seven years of marriage, the divorce judgment required Dexter to pay Patricia general spousal support of $1,300 per month until he retired, when the amount of support would become " 1/2 of his retirement earnings." After Dexter retired in 2013, he filed a post-judgment motion to modify the amount of his spousal support obligation. The District Court (Dover-Foxcroft, Stitham, J.) issued an order clarifying the meaning of " retirement earnings," and then, after a testimonial hearing, denied the motion to modify. Dexter appeals those orders, and we affirm.

I. BACKGROUND

[¶2] Patricia and Dexter's divorce in October 2006 was uncontested. The divorce judgment made reference to the parties' written settlement agreement, which provided for spousal support and the disposition of real and personal property. The judgment required Dexter to pay spousal support as follows:

The Defendant [Dexter] shall pay the Plaintiff [Patricia] as general spousal support $1,300.00 a month starting 10/15/06 and the 15th of each month thereafter until the first of the following to occur:
1. the Plaintiff re-marries, or;
2. the Defendant ...

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