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Young v. Young

Supreme Judicial Court of Maine

July 21, 2015

JENNIFER A. YOUNG
v.
MICHAEL S. YOUNG

Submitted on Briefs February 26, 2015.

Page 107

On the briefs: Gregory J. Orso, Esq., Orso Law, P.A., York Harbor, for appellant Michael S. Young.

Jeannette M. Durham, Esq. Fairfield & Associates, P.A., Lyman, for appellee Jennifer A. Young.

Panel: ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.

OPINION

Page 108

HJELM, J.

[¶1] Michael S. Young appeals from a judgment of divorce from Jennifer A. Young entered in the District Court (York, Janelle, J. ). Michael argues that the trial court (1) failed to make adequate findings of fact regarding its determinations of parental rights and responsibilities and spousal support, (2) incorrectly calculated his child support arrearages, (3) erroneously characterized marital property as nonmarital property, (4) inequitably divided the marital property, and (5) erroneously ordered him to pay Jennifer's attorney fees. We vacate several of the economic provisions of the judgment and remand for further proceedings but affirm the judgment in all other respects.

I. BACKGROUND

[¶2] The following facts are viewed in the light most favorable to the court's judgment. See Sloan v. Christianson, 2012 ME 72, ¶ 2, 43 A.3d 978. Jennifer and Michael were married in May 2003 and are the parents of three minor children born between 2004 and 2008. Jennifer filed a complaint for divorce in December 2012. After a two-day hearing, the court entered a divorce judgment on March 31, 2014, that granted Jennifer sole parental rights and responsibilities for the children and allowed Michael rights of contact for up to three hours every other week, which, at Jennifer's election, will be either supervised by a responsible adult that Jennifer selects or held at a licensed or certified child visitation center. The court also awarded Jennifer $3,263 in child support arrearages. The court set aside Michael's entire Shaw's retirement account to Jennifer in lieu of spousal support,[1] and set aside to Jennifer certain items of property

Page 109

that it determined belonged to Jennifer or to the parties' minor children as nonmarital property. The court awarded a vehicle to each party, and the remaining items of marital personalty were awarded to the party who possessed them at the time of the divorce. Finally, the court ordered Michael to pay Jennifer's reasonable attorney fees.

[¶3] Michael filed a timely motion for findings of fact and conclusions of law pursuant to M.R. Civ. P. 52 (Tower 2013), requesting that the court further address the awards of spousal support, nonmarital personal property, certain items of marital personalty, and attorney fees. On June 11, 2014, the court summarily denied Michael's motion and ordered Michael to pay Jennifer ...


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