Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Department of Health & Human Services v. Fagone

Supreme Court of Maine

July 3, 2018

DEPARTMENT OF HEALTH AND HUMAN SERVICES
v.
JAMES F. FAGONE et al.

          Argued: November 16, 2017

          Andrea S. Manthorne, Esq. (orally), and Clifford H. Ruprecht, Esq., Roach, Hewitt, Ruprecht, Sanchez & Bischoff, Portland, for appellant James F. Fagone.

          Janet 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 Services.

          Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, HJELM, and HUMPHREY, JJ.

          Majority: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, HJELM, and HUMPHREY, JJ.

          SAUFLEY, C.J.

         [¶1] 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.

         I. BACKGROUND

         [¶2] 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:

         Basic 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

         The 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.