Argued: November 16, 2017
S. Manthorne, Esq. (orally), and Clifford H. Ruprecht, Esq.,
Roach, Hewitt, Ruprecht, Sanchez & Bischoff, Portland,
for appellant James F. Fagone.
T. Mills, Attorney General, and Jennifer Googins Huston,
Asst. Atty. Gen. (orally), Office of the Attorney General,
Augusta, for appellee Department of Health and Human
SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and
Majority: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, HJELM,
and HUMPHREY, JJ.
James F. Fagone appeals from a judgment of the Superior Court
(Cumberland County, Warren, J.) vacating the
decision of a Department of Health and Human Services hearing
officer. The hearing officer had concluded that a child
support order entered in James's 2008 divorce from
Kristin L. Fagone authorized the Department's Division of
Support Enforcement and Recovery to adjust the amount of
child support owed, without a modification of the court
order, upon the oldest of the parties' three children
reaching age eighteen. We affirm the court's judgment.
The undisputed historical facts are drawn from the hearing
officer's findings, which are supported by substantial
evidence in the administrative record. See MacDougall v.
Dep't of Human Servs., 2001 ME 64, ¶ 6, 769
A.2d 829. James and Kristin Fagone were married in 1990, had
three children, and were divorced by a judgment signed by the
District Court (Bridgton, Oram, J.) on May 22, 2008.
The judgment required James to pay child support of $247.19
per week for the parties' three children, who were born
in 1994, 1998, and 2001, and whose ages were thirteen, nine,
and six when the judgment was entered. The court reached the
$247.19-per-week amount based on a child support worksheet
providing the following basic weekly support obligation:
weekly support for all children up to 18 years (or up to 19
years if still in high school)
a. Total number of children 3.
b. Number of children ages 0-11 2 multiplied by
amount from table 113 = $226
c. Number of children ages 12-17 1 multiplied by amount from
table 140 = $140
court calculated the total basic weekly support as $366;
added the $99.81 that James paid for the children's
health insurance; apportioned the resulting total weekly
support obligation of $465.81 between the spouses, with 74.51
percent attributed to James; and subtracted the $99.81 ...