Maine Dep't of Health and Human Servs. v. Wood

CourtSuperior Court of Maine
DecidedNovember 25, 2014
DocketANDap-13-12
StatusUnpublished

This text of Maine Dep't of Health and Human Servs. v. Wood (Maine Dep't of Health and Human Servs. v. Wood) is published on Counsel Stack Legal Research, covering Superior Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maine Dep't of Health and Human Servs. v. Wood, (Me. Super. Ct. 2014).

Opinion

INTER ED DEC o 3 2014

STATE OF MAINE SUPERIOR COURT ANDROSCOGGIN, ss. CIVIL ACTION Docket No. AP-13-12 MGrJ<- A-ND-f/-d-5-/lf MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES DIVISION OF SUPPORT ENFORCEMENT AND RECOVERY, Rt.CE\\JED & f\LE.O Petitioner N0\1 ?. ~ '2.0\4 scoGGIN ORDER v. ~~i[~oR coURT -

MICHAEL T. WOOD and LORRI L. MORIN,

Respondents

This matter is before the court on Petitioner Maine Department of Health and Human

Services Division of Support Enforcement and Recovery's ("DSER") Rule SOC appeal of the

Decision of the Maine Department of Health and Human Services Division of Administrative

Hearings ("DAH") finding that Respondent Michael Wood was not required to pay child

support during the time when he lived with his other child who received Supplemental

Security Income (SSI). DSER is asking that this court reverse the decision made by DAH, and

find that DAH' s decision demonstrates an error of law and is in violation of the statute, and

modify the decision with regard to Wood's child support debt. Lorrie Morin, the custodial

parent, has joined DSER' s appeal of DAH' s Decision. Mr. Wood has opposed DSER' s

Appeal. This court held a hearing on this matter on May 7, 2014.

I. Factual and Procedural Background

Mr. Wood and Ms. Morin were previously married and they have two daughters

together: Miranda Wood, born September 10, 1996, and Cordelia Wood, born on May 9, 2000. (Ex. D-1 1.) When they divorced on October 14, 2004, Ms. Wood was awarded primary

residential care of their children. (!d. 1, 5) At the time of the divorce judgment the parties

agreed that Mr. Wood would not pay child support. (Ex. D-1 2-3.) On September 13, 2005,

however, the court issued an Interim Child Support Order providing that Mr. Wood was to

pay Ms. Morin $71.00 per week for child support commencing on September 16, 2005. (Ex.

D-2 6, 8.) On October 12, 2005, the court entered an Order Amending Divorce Judgment with

an incorporated Child Support Order whereby Mr. Wood's child support obligation increased

to $78.20 per week commencing on October 14,2005. (Ex. D-3 1-4; R. at 7.) Ms. Morin

applied for DHHS's child support enforcement services. (H0-3 at 6.)

Mr. Wood has a son with Sarah Frederick-Wood; Michael Frederick-Wood was born

on September 28, 2005. (R. at 5.) Mr. Wood has lived with his son continuously, except for an

approximately 12-month-period when Mr. Wood and Ms. Frederick-Wood were separated.

(R. at 9-1 0; Dec. 2; Ex. C; Ex. B.) Michael Frederick Wood started receiving disability

benefits in December of 2006 and has continued to receive them. (R. at 6.) Michael Frederick

Wood receives $10.00 per month in State Supplement payments, and Ms. Frederick-Wood

represented that Michael Frederick-Wood receives Social Security. (R. at 8.) Unfortunately,

the Record is less than clear regarding the exact nature of the child's benefits. At the

administrative hearing, the Hearing Officer stated that he "didn't want to bother to get" the

paperwork regarding Michael Frederick-Wood's disability benefits into the record. (R. at 9.)

"So that's going to be a stipulated fact then that Michaels [sic] been receiving SSI benefits

continuously since December 2006." (R. at 9.)

2 On July 10, 2013, DHHS issued a notice of debt to Mr. Wood stating that from

October 14,2004 to July 10,2013 he owed $21,945.40 for unpaid child support for his two

daughters, and that his debt was continuing to accrue by $78.20 per week. (HO Ex. 3 3.)

After Mr. Wood requested an appeal of the notice of debt, an administrative review

was conducted pursuant to 19-A M.R.S.A. § 2451. A hearing was held on August 7, 2013

where Cindy Peterson appeared on behalfofDHHS, Mr. Wood and Ms. Frederick-Wood

appeared on behalfofMr. Wood (Ms. Frederick-Wood acted as his representative), and Ms.

Morin appeared as the custodial parent. (Dec. 1; R. at 1.)

The hearing was conducted to determine the amount of Mr. Wood's net child support

debt as of July 10,2013. (Dec. 1.) In his Decision, the Hearing Officer noted that "The parties

agreed to the total amount of Mr. Wood's child support obligation under the various child

support orders, and agreed to the total child support payments made by Mr. Wood, and agreed

that the DHHS Notice of Debt reflected those amounts." (Dec. at 3.) The total child support

obligation (without any exemptions) was $31,876.80, and the amount paid by Mr. Wood was

$9,931.40 leaving a total potential debt of $21,945.40. (Ex. D5; Ex. H0-3 3; Dec. 2; R. at 2,

7.)

The Hearing Officer came to the conclusion that rather than owing a debt of over

twenty-thousand dollars, Mr. Wood has actually paid $498.00 more than he owed in child

support. (Dec. 2-4.) The Hearing Officer determined that Mr. Wood had overpaid, because of

a regulatory exemption that was in effect until February 3, 2013, which he found applicable to

Mr. Wood based on Michael Frederick-Wood's receipt of Social Security. (Dec. 3-4.) The

Hearing Officer found that DSER had failed to address the issue of retroactivity, and that the

repeal of the exemption did not have retroactive effect. (Dec. 3)

3 II. Standard of Review

In its appellate capacity, the court reviews agency decisions for "abuse of discretion,

error of law, or findings not supported by the evidence." Rangeley Crossroads Coal. v. Land

Use Reg. Comm'n, 2008 ME 115, ~ 10,955 A.2d 223. The burden ofproofis on the petitioner

to prove that "no competent evidence supports the [agency's] decision and that the record

compels a contrary conclusion." Bischoffv. Maine State Ret. Sys., 661 A.2d 167, 170 (Me.

1995). "Inconsistent evidence will not render an agency decision unsupported." Id. "Judges

may not substitute their judgment for that of the agency merely because the evidence could

give rise to more than one result." Gulick v. Bd. of Envtl. Prot., 452 A.2d 1202, 1209 (Me.

1982).

The court must give great deference to an agency's construction of a statute it is

charged with administering. Rangeley Crossroads Coal., 2008 ME 115, ~ 10, 955 A.2d 223.

"A court will 'not vacate an agency's decision unless it: violates the Constitution or statutes;

exceeds the agency's authority; is procedurally unlawful; is arbitrary or capricious; constitutes

an abuse of discretion; is affected by bias or an error of law; or is unsupported by the evidence

in the record."' Kroeger v. Dep 't of Environmental Prot., 2005 ME 50, ~ 7, 870 A.2d 566)

(quoted in Alexander, Maine Appellate Practice§ 452 at 312 (4th ed. 2013)).

Where there have been multiple levels of administrative decision-making, the most

recent decision will be the one subject to Superior Court review, if the most recent decision-

maker had de novo capacity and/or the authority to conduct additional fact-fmding. See

Alexander, Maine Appellate Practice§ 455(b) at 315; see also Concerned Citizens to Save

Roxbury v. Bd. of Envtl. Prot., 2011 ME 39, ~ 17, 15 A.3d 1263.

III. Discussion

4 A. Standing

As an initial matter, Mr. Wood has raised the issue ofDSER's standing. Mr. Wood

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Related

Fichter v. Board of Environmental Protection
604 A.2d 433 (Supreme Judicial Court of Maine, 1992)
Gulick v. Board of Environmental Protection
452 A.2d 1202 (Supreme Judicial Court of Maine, 1982)
Rangeley Crossroads Coalition v. Land Use Regulation Commission
2008 ME 115 (Supreme Judicial Court of Maine, 2008)
Bischoff v. Board of Trustees
661 A.2d 167 (Supreme Judicial Court of Maine, 1995)
Kroeger v. Department of Environmental Protection
2005 ME 50 (Supreme Judicial Court of Maine, 2005)
Forest Ecology Network v. Land Use Regulation Commission
2012 ME 36 (Supreme Judicial Court of Maine, 2012)
Guardianship of Jeremiah T.
2009 ME 74 (Supreme Judicial Court of Maine, 2009)
Concerned Citizens to Save Roxbury v. Board of Environmental Protection
2011 ME 39 (Supreme Judicial Court of Maine, 2011)

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