Mitchell v. Krieckhaus

2017 ME 70, 158 A.3d 951
CourtSupreme Judicial Court of Maine
DecidedApril 18, 2017
DocketDocket: Cum-16-375
StatusPublished
Cited by9 cases

This text of 2017 ME 70 (Mitchell v. Krieckhaus) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mitchell v. Krieckhaus, 2017 ME 70, 158 A.3d 951 (Me. 2017).

Opinion

MEAD, J.

[¶1] Joyce E. Mitchell appeals from the denial of her motions for findings of fact and conclusions of law, deviation from child support guidelines, and reconsideration, all of which addressed the divorce judgment entered by the District Court (Portland, J. French, J,) on June 15, 2016. Mitchell argues, inter alia, that before the court issued a child support order it was required to hold an evidentiary hearing on the issue of whether the parties provided substantially equal care of their son. We agree, vacate the judgment of divorce insofar as it establishes a child support obligation to be paid by Mitchell, and remand for an evidentiary hearing on that issue.

I. FACTS

[¶2] Joyce E. Mitchell and Alexander S. Krieckhaus were married on October 5, 1997; Mitchell filed a complaint for divorce seventeen years later, on October 7, 2014. The parties undertook discovery and engaged in case management conferences, mediation, and settlement conferences. Ultimately, on May 10, 2016, after a daylong, judicially-assisted settlement conference, the parties reached a settlement agreement and agreed in writing to waive [953]*953their right to appeal from the judgment that would result from it. See M.R. Civ. P. 118(c). A stipulated order on children’s issues was signed by the court on that date.

[¶3] The stipulated order called for child support to “be paid pursuant to the Maine Child Support Guidelines based on [Mitchell’s] base income of $344,000 and [Krieck-haus’s] anticipated income of $56,000.” Pursuant to the order, the parties were to share parental rights and responsibilities. They were also to share primary residence of their son, with Mitchell having primary residence of their two daughters. Concerning their son, the order set out in considerable detail the contact arrangements based on his school-year schedule, vacations, holidays, child care, and extra-curricular activities. The parents were to have equal access to records regarding the children and were to keep each other fully informed of the children’s appointments and school matters.

[¶4] Prior to signing the stipulated order on children’s issues, the court conducted a hearing in open court with the parties and their counsel, during which Mitchell’s attorney stated, “[T]he order calls for a child support order, which isn’t there yet. And so obviously, that would have to be subject to review and approval.” The court responded,

One of the things that — and Pm sorry that I didn’t share this with all the parties — that was asked of me when I was meeting with the defendant and his counsel ... is whether the Court would draft the chile} support order, based upon — and the worksheet — based upon the numbers.[1] So I’ll do that and provide it to the parties. So I’ll take on that and make sure that they’ve had a chance to review it. Is that acceptable?

Mitchell’s attorney confirmed that the proposed procedure was acceptable.

[¶5] The court requested that Krieck-haus’s counsel submit a stipulated divorce judgment by May 23, 2016. The child support worksheets annexed to Krieckhaus’s proposed judgment included a supplemental worksheet that was predicated upon a presumption that the parties provided substantially equal care for their son. The proposed order called for Mitchell to pay Krieckhaus a total of $249.58 biweekly while three children were entitled to parental support, $440.22 biweekly while two children were entitled to support, and $788.42 biweekly once only their son was entitled to support.

[¶6] On June 7, 2016, through counsel, Mitchell responded by sending a letter to the court advising that the parties did not agree that they provided substantially equal care for their son even if they shared primary residence. The letter included draft child support worksheets that called for Krieckhaus to pay Mitchell a total of $296.24 biweekly while three children were entitled to support, $248.92 biweekly when two children were entitled to support, and $165.48 biweekly when one child was entitled to support.

[¶7] The court entered a divorce judgment on June 15, 2016, in which it based the amount of child support upon the parties providing substantially equal care for [954]*954their son, consistent with Krieckhaus’s child support worksheets. In a footnote to the child support provision, the court explained:

At the final hearing the Court indicated it would draft the child support documents. Since that time, a dispute has arisen between the parties as to whether or not they will be providing substantially equal care of their son .,. and consequently whether or not child support for him should be calculated using the “supplemental” child support worksheet. The Court has concluded, a) based upon the totality of the evidence presented at the final hearing as to the parties’ agreement; b) after review of the stipulation; c) finding that the parties agreed to an award of shared parental rights and responsibilities and a shared residential schedule; and, d) the lack of evidence that one of the parties would be providing primary residential care of [their son] for the purpose of calculating child support, that child support will be determined using the supplemental child support worksheet.

[¶8] On June 27, Mitchell filed a motion for findings of fact and conclusions of law; on June 30, she filed motions for reconsideration of the child support order and for a deviation from the child support guidelines. Mitchell argued that the parties never agreed that they were providing substantially equal care for their son; that the court could not find that they were providing substantially equal care without holding an evidentiary hearing; that the parties did not, in fact, provide substantially equal care; and that even if they did provide substantially equal care, a deviation from that provision in the guidelines was warranted.

[¶9] After receiving memoranda from Krieckhaus, and without holding a hearing, the court issued an order on July 27, 2016, denying all of Mitchell’s motions. The court reasoned that the motion for findings of fact and conclusions of law was untimely and exceeded the scope of relief afforded by M.R. Civ. P. 52. With respect to the motion for reconsideration, the court stated that it had, “in issuing the Divorce Judgment construed the Stipulated Order and found as a matter of law that the parties agreed to a ‘substantially equal care’ arrangement with respect to [their son] ... ■ requiring] the use of the supplemental child support worksheet.” (Emphasis added.) It denied Mitchell’s motion for a deviation from the guidelines as being inconsistent with the parties’ agreement that child support be awarded pursuant to the guidelines. The court confirmed the divorce judgment’s provision ordering Mitchell to pay $25,000 of Krieckhaus’s attorney fees, but denied Krieckhaus’s request to award him additional attorney fees. Mitchell timely appealed. See 19-A M.R.S. § 104 (2016).

II. DISCUSSION

A. ' Availability of Appellate Review

[¶10] Krieckhaus argues that Mitchell cannot appeal the judgment after reviewing and signing the stipulated order on children’s issues with counsel present and then waiving her right to appeal. He asserts that she should have been aware that the child support guidelines include a provision for parents who provide substantially equal care.

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Bluebook (online)
2017 ME 70, 158 A.3d 951, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-krieckhaus-me-2017.