Black v. Black

Summary

The Maine Supreme Judicial Court affirmed an order requiring James Black to pay his former wife arrearages owed under their divorce judgment. Although the trial court denied Dorothy Black’s motion for contempt, it found that James had failed to make required rental-income payments and had the ability to pay. The appellate court concluded that the trial court’s order was within its remedial authority under Maine Rule of Civil Procedure 66 and that James was not unfairly prejudiced.

Holdings

1. Under the unusual circumstances presented, the District Court acted within its authority by ordering James to pay the arrearage and costs even though it nominally denied Dorothy's contempt motion, because the court's findings implicitly and necessarily established contempt and the remedy fell within Maine Rule of Civil Procedure 66.
2. A court may not give a party special consideration merely because the party was unrepresented when the divorce judgment or agreement was entered.

Questions Presented

1. Whether a court may order payment of an arrearage and costs after nominally denying a motion for contempt when the court's findings necessarily establish that the elements of contempt were proved.
2. Whether the District Court improperly relied on James's unrepresented status at the time of the divorce in declining to find contempt.

Disposition

affirmed