Baril v. Baril

Decision Date19 March 1976
PartiesCecile Bertha BARIL v. Wilfred Antonio BARIL.
CourtMaine Supreme Court

Fales & Fales by John L. Hamilton, Roscoe H. Fales, Lewiston, for plaintiff.

Berman, Berman & Simmons, P. A., by Jack H. Simmons, Fredda F. Wolf, Lewiston, for defendant.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, WERNICK and ARCHIBALD, JJ.

DUFRESNE, Chief Justice.

The District Court for Southern Androscoggin (Lewiston) on June 20, 1972 granted a divorce from the bonds of matrimony to the plaintiff-appellee, Cecile Bertha Baril and, as part of the divorce decree, ordered, among other things, that the care and custody of Irene C. Baril, minor child of the parties, be given to the plaintiff-appellee-mother and that the defendant-appellant and father of the child pay to the plaintiff the sum of twenty-five ($25.00) dollars per week toward the support of the said minor child. 1

From April 25, 1973 when his daughter, Irene, reached her eighteenth birthday, the defendant discontinued further support payments, believing that his daughter's attainment of that age automatically discharged him from any further obligation under the reference support order.

On June 26, 1973 the plaintiff cited the defendant for contempt of the Court's support order and prayed for execution in the amount of the arrearage, plus counsel fees for prosecution of the motion. Finding that the daughter was disabled in several particulars, the Judge of the District Court ruled that the defendant's obligation to comply with the support order incorporated in the divorce decree remained in full force and effect from and after April 25, 1973, when the daughter became eighteen years of age. The defendant was ordered to pay the accumulated arrearage under date of September 18, 1973.

On the defendant's appeal to the Superior Court, the District Court judgment was affirmed. The defendant has seasonably appealed to this Court and we sustain his appeal.

The sole question before us is, whether an order of support for a minor child issued as part of a decree in a divorce proceeding remains legally effective after that child reaches the age of eighteen years.

I. Jurisdiction

We recognize the great solicitude our courts have displayed under the divorce statute toward the infant children of divorced parents. Within the period of their minority, the statute preserves the jurisdiction of the court beyond the ability of the parties to exclude it, so that, as stated in White v. Shalit, 1938, 136 Me. 65 at 69, 1 A.2d 765, there can be no final judgment as to infant children in a divorce case, for they are wards of the court, and custody and support orders will primarily be directed to the best interests of the children incapacitated by the disabilities of infancy.

We also note what this Court said in Luques v. Luques, 1928, 127 Me. 356, at 359, 143 A. 263, at 265, respecting the statutory impact upon a divorced father's liability for support:

'While upon a decree of divorce without any order for the custody or support of minor children, the father's common-law liability still remains, if, by virtue of the statute, an order for custody, or care and support is made, a statutory liability is substituted for the common-law liability.'

Nevertheless, it is well settled in Maine that the jurisdiction and authority of the divorce court in matters of divorce and incidental relief such as orders for custody, support and counsel fees, are exclusively derived from the provisions of the statute. Jurisdiction over divorce is purely statutory and every power exercised by the court with reference to it must be found in the statutes or it does not exist. McIntire v. McIntire, 1931, 130 Me. 326, 335, 155 A. 731; Strater v. Strater, 1963, 159 Me. 508, 510, 196 A.2d 94; Belanger v. Belanger, 1968, Me., 240 A.2d 743. See also Wilson v. Wilson, 1947, 143 Me. 113, 56 A.2d 453; Dumais v. Dumais, 1956, 152 Me. 24, 122 A.2d 322.

With respect to divorce proceedings the statutes very clearly limit the authority of the court to provide for the support of off-spring to cases involving minor children. Besides the express authority given to the divorce court in 19 M.R.S.A. § 752 (footnote 1, supra) to make an order concerning the care, custody and support of the minor children of the parties, the Legislature has by express terms rendered nugatory support orders for each child who reaches majority.

Indeed, 19 M.R.S.A., § 303 provides:

'When by court decree a parent is required to pay to the other parent money for the support of minor children, said decree shall indicate separately the amount of money to be paid for the support of each child.

'The decree of the court shall remain in force as to each child until that child either reaches majority, becomes married, becomes a member of the armed services or the decree is altered by the court.

Nothing in this section shall be construed to otherwise alter or change any obligation of support imposed by law.' (Emphasis supplied)

See also 19 M.R.S.A., §§ 214 and 301.

That the statutes on divorce define the subject-matter jurisdiction of the divorce court has received support in other states and the general rule is that a court in a divorce action or in supplemental proceedings thereto is without authority to provide, or to continue a provision, for the support of a child after that child attains his majority. Fellows v. Fellows, 1972, La.App., 267 So.2d 572; Sutherland v. Sutherland, 1969, 77 Wash.2d 6, 459 P.2d 397.

Absent any contract between the parties or a special statutory provision relating thereto, the wife in a divorce action or in a proceeding to enforce the support provisions of a divorce decree is not entitled to a support order against the husband and father of the child beyond the child's majority, notwithstanding the child's incapacity, physical or mental. Beaudry v. Beaudry, 1973, 132 Vt. 53, 312 A.2d 922; O'Hair v. O'Hair, 1972, 16 Ariz.App. 565, 494 P.2d 765; Genda v. Superior Court, County of Pima, 1968, 103 Ariz. 240, 439 P.2d 811; O'Neill v. O'Neill, 1962, 17 Wis.2d 406, 117 N.W.2d 267; Reynolds v. Reynolds, 1961, 274 Ala. 477, 149 So.2d 770; Borchert v. Borchert, 1946, 185 Md. 586, 45 A.2d 463, 162 A.L.R. 1078; Beilstein v. Beilstein, 1945, Ohio App., 61 N.E.2d 620.

Our statutes, in the matter of orders for support of children in proceedings before the divorce court, do not deal in terms of specific ages, but rather, in such general terms as 'support of minor children' and 'until that child . . . reaches majority.' (Emphasis added) 19 M.R.S.A., §§ 303 and 752. At the time of the plaintiff's divorce and original support order on June 20, 1972 the age of majority had been reduced to 18 years of age. By Public Laws, 1972, Chapter 598, Section 8, enacted by the One Hundred and Fifth Legislature in Special Session and effective June 9, 1972 (1 M.R.S.A., § 73), it was provided that 'persons 18 years of age or over are declared to be of majority for all purposes,' and in Section 6, "minor or minors' means any person who has not attained the age of 18 years,' (1 M.R.S.A., § 72, ss. 11-A).

At common law the age at which a person's status changed from that of an infant or minor to that of an adult in the case of both sexes was twenty-one years, regardless of physique, mentality, education, experience or accomplishments. See Gastonia Personnel Corporation v. Rogers, 1970, 276 N.C. 279, 172 S.E.2d 19; Sprecher v. Sprecher, 1955, 206 Md. 108, 110 A.2d 509; In re Pincus' Estate, 1954, 378 Pa. 102, 105 A.2d 82.

In Maine our 'conceptions of personal and property rights are based upon the common law.' Wheeler v. Phoenix Assurance Company, Ltd., 1949, 144 Me. 105, 108, 65 A.2d 10; Conant v. Jordan, 1910, 107 Me. 227, 237, 77 A. 938, 31 A.L.R., N.S., 434. The English common law doctrine of majority at the age of twenty-one years has been recognized and enforced by the colonists and was adopted in Maine from statehood.

Subject to constitutional limitations, the age of minority or majority and, therefore, the common law rule respecting the same are within the legislative power to regulate and control. The Legislature in its wisdom may prescribe a different age and such legislative determination is binding on the courts. Shoaf v. Shoaf, 1972, 282 N.C. 287, 192 S.E.2d 299; Young v. Young, 1967, Ky., 413 S.W.2d 887; In re Herrera, 1943, 23 Cal.2d 206, 143 P.2d 345, 348; Springstun v. Springstun, 1924, 131 Wash. 109, 229 P. 14, 40 A.L.R. 595; Hutchinson v. Till, 1924, 212 Ala. 64, 101 So. 676. See In re M., 1974, Vt., 321 A.2d 19. 2

No person has a vested interest in remaining a minor until he reaches the age of twenty-one years. Arnold v. Davis, 1973, Tenn., 503 S.W.2d 100.

In light of the statutory change of the age of majority, we hold that the District Court in the exercise of its divorce jurisdiction was in error when it ruled that the defendant's obligation to support continues after the age of eighteen years and awarded the plaintiff execution for arrearages in support payments accumulated from April 25, 1973 when the daughter, Irene, reached her eighteenth birthday.

II. The Uniform Civil Liability for Support Act

The plaintiff-appellee, however, argues in support of the orders of the District Court, as affirmed by the Superior Court on appeal, that the Uniform Civil Liability for Support Act (19 M.R.S.A., §§ 441-453) adopted in this State in 1955 so modified the common law rule of majority respecting support of children by...

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