December 9, 2015.
briefs: Christopher S. Berryment, Esq., Mexico, for appellant
B. Gillespie, Esq., Topsham, and Sheilah R. McLaughlin, Esq.,
Brunswick, for appellee Julie Lothrop.
argument: Christopher S. Berryment, Esq., for appellant Doug
B. Gillespie, Esq., for appellee Julie Lothrop.
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM,
[¶1] Doug Lothrop appeals from a judgment of
the District Court (West Bath, Dobson, J. ) denying
his motion to modify the spousal support award in the
parties' divorce judgment. Contrary to Doug's
contention, we discern no error in the District Court's
determination that the award remains nonmodifiable because
19-A M.R.S. § 951-A(12) (2015) does not apply
retroactively. We affirm the judgment.
[¶2] This case turns on whether a 2013
amendment to the spousal support statute applies to a spousal
support provision in a
divorce judgment entered in 2008. The statutory sections,
as amended, read as follows:
An award of spousal support issued before October 1, 2013 is
subject to modification when it appears that justice requires
unless and to the extent the order awarding or modifying
spousal support expressly states that the award, in whole or
in part, is not subject to future modification. An award of
spousal support issued on or ...