Nicky Pyle v. Robert Pyle

Summary

The Maine Supreme Judicial Court reviewed a divorce judgment awarding Nicky Pyle primary residence of the parties’ children and requiring Robert Pyle to pay child support. The court affirmed the primary-residence determination and the calculation of Robert’s business income, but vacated the health-insurance component of the child-support obligation because it was unsupported by the evidence and remanded for recalculation.

Holdings

1. The District Court did not clearly err in its factual findings or abuse its discretion in awarding primary residence of the children to Nicky under the statutory best-interest standard.
2. The District Court did not clearly err or abuse its discretion by calculating Robert's landscaping-business income using the business-account deposits, less business expenses, rather than the lower amount reported on his tax return.
3. The District Court clearly erred by including $61.36 per week, or $30.68 per child per week, for the children's health-insurance coverage without evidence supporting that amount.

Questions Presented

1. Whether the District Court erred or abused its discretion by awarding primary residence of the children to Nicky.
2. Whether the District Court clearly erred or abused its discretion in calculating Robert's gross income from his landscaping business for child-support purposes.
3. Whether the District Court clearly erred by including $61.36 per week for the children's health-insurance costs without evidentiary support.

Disposition

reversed_and_remanded