Tuell v. NicholsonAnnotate this Case
After Mother relocated to North Carolina, Mother and Father, who were divorced, litigated the issue of whether their child’s primary physical residence would be in Maine or North Carolina. The district court ordered that the child was to live primarily in Maine with Father and that Mother pay child support to Father. The parties then began disputing travel costs. In 2011, the court amended the judgment to provide that the child’s travel expenses “shall be reflected as a 50% credit against [Mother’s] child support obligation.” In 2013, Mother filed a motion “to enforce and clarify” the judgment, requesting that the court amend the 2011 order so as to give her credit against her child support obligation based on the amount of her own travel expenses. The court denied the motion, finding it to be “frivolous,” and awarded Father attorney fees. The Supreme Court affirmed, holding that the court did not abuse its discretion in concluding that the motion was frivolous and imposing sanctions.