Public-domain · open source
OpenJurist

697 A.2d 62

Roberts v. Roberts

Supreme Judicial Court of Maine

Decided June 25, 1997

Supreme Judicial Court of Maine · decided 1997-06-25

Relies on 108 Ill. App. 3d 808 - In Re Marriage of Dwan · Lopez v. Lopez

Good law ✅— No negative treatment on recordhow we know

Decided 1997-06-25

How this case has been cited

Cited by 5 later decisions — most recently September 2017

5 state decisions

30199720002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

DANA, J.,

¶1dissenting.

¶2[¶ 13] I respectfully dissent. By virtue of David’s agreement with his daughter, Cecile received $7,600 in cash over a period of two and a half years and David’s alimony arrear-ages should be set off by that amount.

¶3[¶ 14] I agree that a court cannot credit payments made by the obligor spouse to third parties on behalf of the obligee spouse because such a setoff would allow the obligor to unilaterally modify a court’s order to pay alimony to the obligee. E.g., In re Marriage of Dwan, 108 Ill.App.3d 808, 64 Ill.Dec. 340, 344, 439 N.E.2d 1005, 1009 (1982). Furthermore, the obligor’s payments to third parties prevents the obligee spouse from disbursing the money as she sees fit. E.g., Lopez v. Lopez, 125 Ariz. 309, 609 P.2d 579, 581 (App. 1980). When, however, the obligee spouse receives the cash payments herself, as a result of the obligor’s assignment of a third party’s debt, those cash payments should not be given any less weight than cash payments received directly from the obligor. Crediting those payments toward the obligor’s alimony arrearages does not result in a retroactive modification of the alimony award; the setoff merely acknowledges payments that the obli-gor has made to fulfill the requirements of the court order. Here, Cecile testified that she received $7,600 as a result of David’s agreement with their daughter and the court’s credit of that amount to David’s alimony arrearages should therefore be upheld.

/697/a2d/62 · .json · Public domain