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RAMSDELL v. RAMSDELL1/28/1997
[ 1] Kenneth W. Ramsdell, appeals from a divorce judgment entered in the Superior Court (Washington County, Marden, J.), contending that the court abused its discretion or erred in awarding alimony to Sonja E. Ramsdell, and in dividing equally his workers' compensation settlement. Kenneth also challenges the court's denial of his M.R.Civ.P. 60(b) motion for relief from judgment and argues that the court (Mills, J.) erroneously entered a contempt order against him. Finding no error or abuse of discretion, we affirm the judgment.
[ 2] Sonja and Kenneth were married in 1966. Sonja filed for divorce in December 1991. In February 1992, after stipulations by the parties, the court (Silsby, J.) entered a temporary order pending divorce pursuant to which Kenneth was required to pay Sonja $400 per week in spousal support, Sonja was given sole possession of the marital residence, and Sonja and Kenneth were to share equal responsibility for the marital bills. A subsequent order entered in May of 1992 (Smith, J.) addressed discovery issues but did not address a motion to amend the temporary order of spousal support filed by Kenneth.
[ 3] Sonja filed two motions for contempt alleging that Kenneth had failed to pay her pursuant to the temporary order. Following a hearing on the second motion in May of 1994, the court found Kenneth in contempt and determined the arrearages to be $53,243.50. The court ordered Kenneth to pay Sonja $100 per week toward the arrearages. In addition, the court declined to hear a Rule 60(b) motion for relief from judgment filed by Kenneth shortly before the hearing on the motion for contempt. The court also did not address Kenneth's previously filed motion to amend the temporary order concerning spousal support. At the hearing, Kenneth testified that he no longer could afford to pay Sonja, had suffered three heart attacks, lost his job in his family's businesses, moved to Florida, was earning approximately $300 per week, and had declared bankruptcy . In finding Kenneth in contempt, the court specifically concluded that he was not credible "regarding any issue" including his reasons for not working. The court found that he either was employed or had the capacity to work during the entire period between the entry of the temporary order and the contempt hearing. Kenneth has appealed the contempt order.
[ 4] In October 1995, the court held the final hearing on the divorce and simultaneously heard Kenneth's 60(b) motion. The court granted a divorce and ordered Kenneth to pay alimony in the amount of $800 per month to Sonja. The court found that Kenneth received $30,000 in a settlement of a workers' compensation claim, determined that it was marital property, and concluded that the settlement should be equally divided. Because Kenneth was unable to satisfactorily account for the $30,000, however, the court assigned to Kenneth the sole responsibility for the marital debt and ordered him to hold Sonja harmless on that debt instead of ordering distribution of the workers' compensation funds. The court denied Kenneth's 60(b) motion and refused to disturb the previously entered order of contempt. Kenneth's appeal followed.
I.
[ 5] Kenneth contends that the court's alimony award to Sonja was excessive because it was not based on what the court found Kenneth to be actually earning at the time of the divorce, $300 to $380 per week. We disagree. "The primary purpose of alimony is to provide `maintenance and support' for the future needs of the payee spouse." Noyes v. Noyes, 662 A.2d 921, 922 (Me. 1995) (citations omitted). In reaching a determination of alimony, the court is required to consider the factors enumerated in 19 M.R.S.A. ยง 721 (Supp. 1996).
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