Lee v. Maier

Reporter of Decisions Argued: April 5, 1999 ¶1 Samford Maier appeals from the judgment entered in the Superior Court (Hancock County, Marsano, J.) amending his obligation to pay child support to his ex-wife, Stephanie Lee. Maier contends the trial court exceeded the bounds of its discretion or committed clear error by finding that attending a remedial private school is in his child's best interest, in its determination of both his income and the cost of his son's tuition, and in modifying his child support responsibilities. In addition, he asserts the trial court erred by retroactively ordering the modifications to the divorce decree. We conclude the trial court improperly modified its judgment retroactively, but otherwise affirm. ¶2 Maier and Lee divorced in 1994 after nineteen years of marriage. In the divorce settlement, Lee received the marital home in Stonington, worth $925,000, where she continues to live with their two sons. The trial court awarded primary residence of their two children to Lee, and Maier, who now lives in Wisconsin, and has assets of $2 million, agreed to pay child support. One of their children is dyslexic.