9 results for 'cat:"Family Law" AND cat:"Damages"'.
J. Alley finds a lower court partially erred in determining damages in a divorce case in which an expert for the ex-wife testified about alleged financial fraud committed by her ex-husband. While the ex-husband did not ultimately overcome the fraud claims in general, the lower court erred in including awards based on financial transactions which were ultimately accounted for — and which even the expert ultimately determined were not fraudulent. Reversed in part and remanded.
Court: Texas Courts of Appeals, Judge: Alley, Filed On: January 30, 2024, Case #: 08-23-00016-CV, Categories: family Law, Fraud, damages
J. Bright finds the trial court properly awarded the wife post-judgment interest on retirement funds paid by the husband for the entire three years and 10 months since the initial award. There was no evidence to support the husband's claim the funds were refused after an initial appeal, which rendered he and his attorneys solely responsible for the delay. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: January 11, 2024, Case #: AC45871, Categories: family Law, damages
J. Tailor finds that the lower court properly found Chicago police breach its duty to protect a woman from her live-in boyfriend, who came back and killed her after police responded to a domestic violence call. Though the evidence shows the boyfriend was suffering an acute mental health crisis, it also supports a finding he acted knowingly and his actions satisfy the definition of "abuse." The city cannot avoid liability under the Illinois Domestic Violence Act based on officers' perception that the man's actions were not criminal. The jury reasonably awarded the estate $3 million in damages. Affirmed.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: January 5, 2024, Case #: 221232, Categories: family Law, damages, Wrongful Death
J. Alvord finds the lower court properly ordered the father to make lump sum payments for the daughter's high school and college educations. He failed to rebut the mother's evidence of the daughter's disability, which was proven through medical and expense records. Additionally, no previous court orders in the couple's custody case dealt with the issue of the daughter's disability and, therefore, the issue was not barred by res judicata. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: December 8, 2023, Case #: AC45506, Categories: family Law, damages
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J. Powell finds the trial court properly awarded the wife several properties in Ghana because its decision did not affect the title to any of the properties; rather, the court concluded the properties were marital assets acquired by the husband during the parties' marriage, and it could, therefore, allocate them to either party. Meanwhile, the trial court properly determined the value of the Ghanian assets because there was no publicly available valuation information and the only evidence submitted to the court was professional appraisals from the wife's expert witnesses, which the husband failed to rebut. Affirmed.
Court: Ohio Court Of Appeals, Judge: Powell, Filed On: September 18, 2023, Case #: 2023-Ohio-3293, Categories: family Law, damages, Jurisdiction
J. Calabretta approves a $400,000 settlement annuity following an agreement between a county and a mother whose child was taken from her based on allegedly false abuse allegations. The $48,000 the child is to receive is fair and reasonable, while consideration cannot be given to the $192,000 granted to the mother, nor the $160,000 to her counsel.
Court: USDC Eastern District of California, Judge: Calabretta, Filed On: September 6, 2023, Case #: 2:22cv369, NOS: Other Civil Rights - Civil Rights, Categories: family Law, Settlements, damages
J. Hotten concurs with the lower court’s decision to uphold a postnuptial contract between Anna Cristina Niceta Lloyd, the White House Social Secretary under Donald Trump, and her husband after he had two affairs, triggering a lump sum of $7 million awarded to Niceta. Niceta agreed to consider remaining married to her husband if he gave her passwords for his bank and email accounts, converted to Catholicism, sold the car he’d used during his initial affair and got a vasectomy. He agreed to everything, but in 2018, cheated on Niceta again, at which point he said he no longer wanted to remain married to her. However, regardless of the fact that the husband agreed to Niceta’s demands after his first affair and that he was the one to decide on divorce initially, his affairs led to the dissolution of the marriage, so the postnuptial contract is rightfully enforced and Niceta will receive $7 million.
Court: Supreme Court of Maryland, Judge: Hotten, Filed On: August 30, 2023, Case #: 165376FL, Categories: family Law, damages
J. Moll finds the husband's argument the trial court improperly amended the divorce petition to include "intolerable cruelty" as the grounds for the couple's dissolution is meritless because no such amendment was made; rather, the court amended the petition to reflect that the breakdown of the marriage was solely the husband's fault, based on the wife's credibly testimony of abuse. Meanwhile, the award of $425 in weekly alimony payments to the wife was not an abuse of discretion because the amount was based on testimony from both parties that, in addition to his pension and disability benefits, the husband earned at least $90 per week for chainsaw and gun repair work. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Moll, Filed On: August 11, 2023, Case #: AC45226, Categories: Evidence, family Law, damages