Nadeau v. Nadeau

2008 ME 147, 957 A.2d 108, 2008 Me. LEXIS 151
CourtSupreme Judicial Court of Maine
DecidedSeptember 25, 2008
StatusPublished
Cited by42 cases

This text of 2008 ME 147 (Nadeau v. Nadeau) 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
Nadeau v. Nadeau, 2008 ME 147, 957 A.2d 108, 2008 Me. LEXIS 151 (Me. 2008).

Opinion

PER CURIAM.

[¶ 1] Robert M.A. Nadeau appeals from a divorce judgment entered in the District Court (West Bath, Field, J.). Robert raises numerous issues on appeal, including that the court clearly erred in calculating his earning capacity, abused its discretion in awarding attorney fees, inequitably divided the marital estate, and demonstrated bias against him. We affirm the judgment in part, vacating only as to the awards of retroactive interim child support, retroactive interim spousal support, and attorney fees.

I. BACKGROUND

[¶2] Robert and Kimberly J. Nadeau were married on October 11, 1982. They have one daughter and two sons, who were, respectively, eighteen, fifteen, and twelve at the time of the filing of the divorce complaint. Robert, who is currently a probate judge, maintains a law practice in York County.

[¶ 8] In June 2008, Robert and Kimberly separated after Robert became romantically involved with a divorce client (hereinafter referred to as Robert’s girlfriend). After the affair came to light, Robert left the marital residence and resided with his girlfriend. The other two attorneys in Robert’s firm departed from the practice, and litigation between Robert and the attorneys ensued.1 During this period, Robert remained in contact with his children and visited them at the marital residence.

[¶4] In August 2003, Robert left his girlfriend and returned to live with Kimberly and the children. Robert and Kimberly attempted to rebuild their relationship and engaged in couples and family counseling. Financially, Robert began to struggle. He incurred significant legal expenses defending against: (1) a proceeding [112]*112initiated by the Committee on Judicial Responsibility and Disability regarding Robert’s advertising during his most recent judicial reelection campaign; (2) an ethics complaint filled with the Board of Overseers of the Bar by his girlfriend following Robert’s reunification with Kimberly; and (3) the lawsuit filed by the two attorneys that had departed from his firm.

[¶ 5] In May 2005, the girlfriend testified against Robert at a hearing held by the Board of Overseers of the Bar. The Board subsequently determined that Bar Counsel should seek Robert’s suspension or disbarment. Within a matter of days of this decision, Robert initiated contact with a friend ofr.the girlfriend and Robert and the girlfriend reunited shortly thereafter. The girlfriend subsequently requested that Bar Counsel drop her ethics complaint against Robert.

[¶ 6] Despite promises Robert had made to his children, on the morning of June 22, 2005, Robert moved out of the marital residence without warning. Robert barred Kimberly from entering the law firm’s office, where she was employed as a bookkeeper. In response, Kimberly terminated all direct contact with Robert, refusing to answer the phone, discontinuing the postal service to the home, and forwarding all correspondence from Robert to her attorney for review. Less than two weeks after he left the marital residence, Robert and his girlfriend gave an interview to a local newspaper in which he stated, “I’ve never been happier in all my life.” The resulting article detailed Robert’s reunification with his girlfriend, reported Robert’s statement, described his purchase of an engagement ring, and included a photo of the couple.

[¶7] On July 6, 2005, Kimberly filed for divorce and the case was thereafter specially assigned to a single judge. Robert voluntarily began to make bi-weekly payments of child support that continued throughout the pendency of the divorce and which totaled over $24,000 as of the final hearing.

[¶ 8] Although the automatic preliminary injunction barred the parties from disposing of marital assets, Robert proceeded to purchase a house for $431,500 in August 2005, to serve as a residence for him, his girlfriend, and her children. To finance this purchase, he liquidated a portion of his retirement account, resulting in an early withdrawal tax penalty. Kimberly also made withdrawals from the marital accounts, using roughly $23,000 from a home equity fine and a marital savings account to pay the retainer for her attorney and to support herself and the children. She subsequently obtained new employment at an hourly rate that slightly exceeded the rate she had earned at the law firm, resulting in income of approximately $34,000 per year.

[¶ 9] On August 15, 2005, Kimberly filed a number of motions with the court, seeking: (1) to waive mediation; (2) an advancement of $20,000 in attorney fees; (3) a finding of contempt based on Robert’s recent home purchase; (4) spousal and child support; and (5) sole parental rights and responsibilities pending divorce. Robert responded with his own motion to enforce, citing Kimberly’s withdrawal of $23,000 from marital accounts, and he also sought primary residential care of the children based on Kimberly’s refusal to communicate with him. The court denied Kimberly’s motion to waive mediation, and, by separate order, consolidated the remaining motions for hearing at a later time. The parties subsequently attended mediation where they sat in separate room's, used a shuttle mediator, and resolved no issues.

[¶ 10] On July 17, 2006, the District Court issued an interim order pending di[113]*113vorce. The court granted shared parental rights, ordered the children to attend counseling with Robert at least once per week with a specific therapist, and ordered Kimberly to both cooperate with and to make every effort to ensure the children participated meaningfully in this counseling. The court also: (1) ordered Robert to deposit all money in his possession that belonged to his sons into an interest— bearing account controlled by his attorney;2 (2) assigned Robert an imputed income of $135,000; (3) ordered Robert to pay $1100 a month in interim spousal support and $407.02 per week in child support, made retroactive to August 12, 2005; (4) ordered Robert to pay $12,000 to Kimberly’s attorney; and (5) declined to address the remaining outstanding motions until the time of the final hearing.

[¶ 11] Shortly after the court issued its interim order, Robert purchased yet another home for $499,000 without having sold the home he had purchased a year earlier for $431,500. He later explained his decision to purchase a second home by claiming that the basement of his existing home had suffered significant flooding during a strong storm and that he and his girlfriend “never really liked” the home. Kimberly filed a motion for contempt, arguing that this purchase was in direct violation of the preliminary injunction. Robert responded with his own motion to enforce, claiming Kimberly had failed to deliver the children to weekly counseling as required by the temporary order and that he still had no contact with his children. Even though Robert had been awarded shared parental rights and responsibilities pending divorce, Kimberly refused to communicate with Robert in any meaningful way regarding the children, claiming that Robert speaks to her in a manner she felt was verbally abusive. In addition, the sons refused any contact with Robert.

[¶ 12] In September 2006, with the permission of both parties, the court met in camera with the sons in an attempt to convince them to engage in some sort of modest visitation with their father. The sons, who demonstrated themselves to be mature and intelligent, clearly articulated to the court their own, independent perceptions that Robert had betrayed and publicly humiliated them.

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Cite This Page — Counsel Stack

Bluebook (online)
2008 ME 147, 957 A.2d 108, 2008 Me. LEXIS 151, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nadeau-v-nadeau-me-2008.