Summary
The Maine Supreme Judicial Court held that when parents provide substantially equal care, neither parent is the primary care provider for purposes of 19-A M.R.S. § 2006(5)(A). Accordingly, a parent who is legally obligated to support another child is entitled to a child-support adjustment, and the court vacated the support order and remanded for recalculation.
Holdings
- When parents provide substantially equal care, neither parent is the primary care provider for purposes of 19-A M.R.S. § 2006(5)(A). Accordingly, either parent may qualify as a parent who is not the primary care provider and may receive the statutory adjustment if legally obligated to support another child.
Questions Presented
- Whether a parent who provides substantially equal care with the other parent may obtain the child-support adjustment under 19-A M.R.S. § 2006(5)(A) for a legal obligation to support another child in that parent's household.
Disposition
vacated
Cases Cited (4)
- McCarthy v. Guber, 2023 ME 53, ¶ 10, 300 A.3d 804(followed)
- Johnson v. Smith, 1999 ME 168, ¶ 6, 740 A.2d 579(followed)
- Cent. Me. Power Co. v. Chevereux Marine, Inc., 2013 ME 37, ¶ 8, 68 A.3d 1262(followed)
- Sutherland v. Morrill, 2008 ME 6, ¶ 6, 940 A.2d 192(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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