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Harvey v. Robinson

Maine Supreme Judicial Court

665 A.2d 215 (1995)

Facts

Charles Harvey and Cheryl Robinson were married, had two daughters, and divorced. In the original divorce judgment, Harvey was ordered to pay $345 in child support on a biweekly basis. That amount was determined on the basis of Harvey’s annual income of $35,600, which derived mainly from his full-time civilian position with the National Guard. A few years later, Harvey quit his job in anticipation of an involuntary retirement. Harvey decided to pursue his dream of attending college and ultimately medical school. Harvey continued working in part-time positions, resulting in a gross income of $13,840. Harvey moved to reduce his child-support obligation due to the change in his earning capacity. At this point, Harvey was $3,400 behind on child-support payments, and Robinson was making $21,000 per year. Robinson testified that Harvey’s failure to make timely payments had resulted in their daughters being deprived of winter clothes. The district court determined that Harvey’s decision to quit his job and pursue an education was made in good faith. The court reduced Harvey’s child-support obligation to $80 per week, to be increased by $6 on his younger daughter’s twelfth birthday. Robinson appealed. The superior court affirmed the district court’s decision. Robinson again appealed. The Maine Supreme Judicial Court granted certiorari.

Rule of Law

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Issue

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Holding and Reasoning (Lipez, J.)

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Dissent (Dana, J.)

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