Mooar v. Greenleaf, 020618 MESC, Fra-17-275

Court:Supreme Judicial Court of Maine
Attorney:Patrick R. Nickerson, Esq., Paradie, Sherman, Walker & Worden, Lewiston, for appellant Terry L. Greenleaf Caroline Y. Jova, Esq., Pine Tree Legal Assistance, Portland, for appellee Stacy B. (Greenleaf) Mooar.
Judge Panel:Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, JABAR, HJELM, and HUMPHREY, JJ.
Opinion Judge:HUMPHREY, J.
Party Name:STACY B. (GREENLEAF) MOOAR v. TERRY L. GREENLEAF
Case Date:February 06, 2018
Docket Nº:Fra-17-275
 
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2018 ME 23

STACY B. (GREENLEAF) MOOAR

v.

TERRY L. GREENLEAF

No. Fra-17-275

Supreme Court of Maine

February 6, 2018

          Submitted On Briefs: November 29, 2017

          Patrick R. Nickerson, Esq., Paradie, Sherman, Walker & Worden, Lewiston, for appellant Terry L. Greenleaf

          Caroline Y. Jova, Esq., Pine Tree Legal Assistance, Portland, for appellee Stacy B. (Greenleaf) Mooar.

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

          HUMPHREY, J.

         [¶1] Terry L. Greenleaf appeals from a judgment of divorce from Stacy B. (Greenleaf) Mooar entered by the District Court (Farmington, Carlson, J.). In this appeal, Greenleaf contends that the court erred by failing to classify the increase in value to the property in Jay, Maine as marital or nonmarital and that it abused its discretion in its award of spousal support. We vacate the judgment in part and remand for further proceedings.

         I. BACKGROUND

         [¶2] On January 6, 2016, Mooar filed a complaint for divorce from Greenleaf after over nineteen years of marriage. The parties have five minor children, including three adopted children, and one adult child who lives with Greenleaf. The adult son neither attends school nor works. Greenleaf has worked for the Town of Jay for the past thirty years, earning $51, 104.80 annually. Mooar is a stay-at-home parent and receives $26, 097.50 in annual adoption subsidies.

         [¶3] During the marriage, the parties lived in Jay on land conveyed to Greenleaf by his parents prior to the parties' marriage. Greenleaf purchased a mobile home before the marriage for $18, 500, providing a down payment of $10, 000 and financing $8, 500. At the time of the divorce, there was a mortgage on the property with a balance owed of $28, 594.57.1 The value of the real estate, including the home, was $44, 930.

         [¶4] The court held a contested hearing on March 17, 2017.2 In its divorce judgment, the court awarded the real estate in Jay and the debt associated with it to Greenleaf and ordered Greenleaf to pay Mooar (1) child support arrearages of $12, 408; (2) ongoing child support pursuant to the child support guidelines; and (3) spousal support of $350 per week for 9.75 years. The court also ordered Greenleafs retirement account, worth $132, 799.64 and subject to a loan of $19, 050.68, to be liquidated to pay off the outstanding loan as well as the child support arrearage, and ordered that the remainder be divided between the parties, with sixty percent awarded to Mooar and forty percent to Greenleaf. Mooar was allocated any and all debts solely in her name and Greenleaf was allocated any and all debts solely in his name as well as any and all joint marital debts.

         [¶5] Greenleaf filed a timely motion to amend the court's findings, make additional findings, and amend the divorce judgment pursuant to M.R. Civ. P. 52(b) and 59(e), or, in the alternative, for a new...

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