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Miele v. Miele9/15/2003
Reporter of Decisions
Submitted on briefs: June 26, 2003
Norman E. Miele appeals from a divorce judgment, entered in the District Court (Rumford, McElwee, J.). Norman contends that the court abused its discretion by (1) awarding general spousal support to his former wife, Janice E. Miele, and (2) ordering him to pay a portion of Janice's attorney fees. We are not persuaded by Norman's contentions and affirm the judgment.
Janice and Norman Miele were married on November 20, 1965. The couple separated in 2001. Both parties were employed. Janice held two jobs and, at the time of the 2002 divorce, she anticipated earning a yearly salary of approximately $24,000. In 2001, Norman earned between $22,000 and $23,000.
Norman sustained two work related injuries, the first of which occurred in 1985 and required a cervical fusion of his neck. In 1989, he settled his workers' compensation claim from that injury, and received an immediate lump-sum payment for $35,000, and an annuity of $950-$1050 per month until September 20, 2015. In July of 1997, Norman sustained another serious neck injury, causing him to miss roughly thirty-one months of work. From this second injury, Norman entered into a workers' compensation lump sum settlement agreement and received $65,000, more than $7000 of which was immediately dedicated to legal fees. Norman is currently on medication for his injuries and suffers from diabetes, as well as arthritis in both hips. In 2013, Norman expects to begin receiving a monthly retirement check for $109.
The District Court issued an order, dated October 25, 2002, requiring Norman to pay (1) general spousal support to Janice, and (2) a portion of Janice's legal fees. The order reflected the court's concern with Norman's evasive testimony about the dispersion of the proceeds he received from the 2001 workers' compensation settlement. The court stated:
The court notes, however, that defendant was not at all credible and was extremely evasive as to his disposition of the $57,648.24 of the $65,000.00 settlement ($7,351.76 having been allocated to legal fees and costs); and the court finds that defendant is still in possession of, or has access to, substantially more than the $7,560.00 in the Androscoggin Savings Bank check payable to him (as documented by his attorney on 7/23/02 pursuant to the court's direction at the divorce hearing). Further, the court has considered same in its alimony award hereinafter.
The court's order of spousal support referenced Norman's "access to very substantial funds from the 2001 settlement." The court found that Norman "has a significant ability to pay spousal support as a factor within 19-A M.R.S.A. ยง 951-A(5)(B)" and therefore ordered "an award of spousal support from [Norman] to [Janice] of $450.00 per month for 13 years[.]" The court subsequently reduced the spousal support award to $375.00 per month commencing in November of 2002, and ending in 2015. The award does not terminate upon either Norman's death, or the remarriage or cohabitation of Janice, but it cannot be increased.
The court also ordered Norman to pay $2500 of Janice's attorney fees within thirty days of the order. In doing so, the court again highlighted Norman's "evasive testimony as to the disposition of his 2001 workers' compensation settlement proceeds" and attributed various discovery disputes to Norman.
The court issued the final divorce judgment on December 19, 2002. In it, the court decreased the amount Norman owed Janice in attorney fees to $1750. Norman subsequently filed a motion for further findings of fact or to amend, to which the court responded by noting that Norman'
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