Gaudet v. Gaudet

• Court: Superior Court of Maine
• Decided: May 26, 2000
• Docket: SOMap-99-017
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT SOMERSET, ss CIVIL ACTION

DOCKET NO. AP-99-017

A] M-SOM~ S/a]} POD JANET GAUDET,

Plaintiff v. DECISION AND ORDER

GARY GAUDET,

Defendant

The defendant appeals the 12/3/98 decision of the CMO regarding child support. The decision was affirmed by the 8/12/99 decision of the District Court.

The defendant argues that the CMO erred in determining that 100% of the income from the business, which was established in his current wife’s name but is operated by them together, can be allocated to the defendant for child support purposes. See R. at 81-83. The decision makes clear that the CMO did not find credible the testimony of the defendant regarding his income. See Defendant’s Exhibit 1. She determined that his income for child support purposes was $62,500.00. See Defendant’s Exhibit 4. She further determined that the income from the business resulted primarily from the defendant’s efforts. See R. at 57. Those conclusions are supported by the record. The CMO’s order does not result

in “a plain and unmistakable injustice.” See Nicholson v. Nicholson, 2000 ME 12,

9, ---A.2d ----, -——-.

As noted in the District Court decision, if all of the deductions taken for the business were added to the adjusted gross income of $33,259.00, the total income from the business would be $73,033.00. See Defendant’s Exhibit 4. The figure used by the CMO, $62,500.00 was, therefore, not 100% of the business’s income.

The entry is

The Amended Divorce Judgment dated 12/3/98 is AFFIRMED.

Date: May 26, 2000 ues Me

Nancy Mills Justice, Superior cour /

AP-99-017 Date Filed _10/08/99 Somerset Docket No. AP~99-017

County Action __District Court Appeal Janet Gaudet VS. Gary Gaudet II Plaintiff’s Attorney Defendant’s Attorney Edward S. David, Esq. , _ ‘Diane Dusini, Esq. PO Box 31 75 Pearl Street, Suite 460 13 Main Street Portland ME 04101-4101 Farmington ME 04938-0031 Tel: #774~-7505 Tel: #778-2958 Bar: #3630 Bar: #404 Date of >: Entry 10/13/99 The following documents were received and filed 10/08/99 under Appeal to the Somerset County Superior Court: 1 - Divorce Summons and Complaint for Divorce attached “2 - Attorney's Affidavit 3 + Appearance 4 - Divorce Judgment 5 ~— Plaintiff's Affidavit of Income and Assets 6 ~ Order for Post Judgment Relief 7 - Motion for Post Judgment Relief 8 - Defendant's Answer to Motion for Post Judgment Relief 9 ~— Defendant's Motion to Amend 10 ~ Court Mediation Service Domestic Case Report 1l - Defendant's Affidavit of Income and Assets 12 - Notification of Discovery Service 13 - Notification of Discovery Service 14 ~ Motion to Amend Divorce Judgment 15 - Plaintiff's Answer to Defendant's Motion to Amend Divorce Judgment 16 - Pretrial Order 17 - Plaintiff's List of Witnesses and Exhibits 18 - Amended Divorce Judgment with Child Support Order and Immediate Income Withholding Order 19 - Motion to Show Cause 20 - Order Requiring Defendant Gary Gaudet to Appear and Show Cause Why he Should Not be Found in Contempt 21 - Notification of Discovery Service 22 - Copy of Request for Service 23 - Sheriff's Return of Service 24 - Motion for Contempt 25 — Motion to Continue 26 - Stipulation for Judgment 27 - Defendant's Answer to Plaintiff's Motion for Contempt 28 - Motion for Contempt 29 - Notification of Discovery 30 - Motion for Protective Order 31 - Defendant's Answer to Plaintiff's Motion for Protective Order 32 - Child Support Worksheet 33 - Child Support Order