24 results for 'cat:"Family Law" AND cat:"Settlements"'.
J. Waples finds the lower court improperly approved the magistrate’s order telling a mother to repay a father child support, which is in arrears, in this case originally begun in Canada. The magistrate had discretion when using a different currency-exchange method to calculate the amount in arrears, but improperly ordered the mother to pay the father for overpayments due to the recalculations. Therefore, the magistrate had discretion to use a different method, but the mother should not repay the father $11,892. Affirmed in part. Reversed in part. Vacated.
Court: Vermont Supreme Court, Judge: Waples, Filed On: May 3, 2024, Case #: 23-AP-254, Categories: family Law, settlements
J. Bright finds the trial court erred in its discretion declining to award child support and awarding attorney fees in this dissolution-of-marriage case between a husband and wife. The husband argues he consistently requested child support, and the attorney fees were not properly awarded for contempt. The parties’ financial orders are to be remanded for a new trial concerning all financial issues and to determine the contempt sanctions. Affirmed in part. Reversed in part.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: April 15, 2024, Case #: AC45857, Categories: family Law, Sanctions, settlements
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J. Suttell finds that the trial court properly denied a wife relief from judgment and declined to adjudge the husband in contempt, and properly denied her amended motion seeking relief, because the wife was not entitled to survivor benefits in the husband’s federal civilian pension under the marital settlement agreement. Affirmed.
Court: Rhode Island Supreme Court, Judge: Suttell, Filed On: March 12, 2024, Case #: 22-228, Categories: Contempt, family Law, settlements
J. Foley finds that the trial court properly held that a father had no obligation to pay for his daughter's college under a settlement agreement because evidence indicates the daughter expressed no desire to have a relationship with her father. Affirmed.
Court: Indiana Court Of Appeals, Judge: Foley, Filed On: March 12, 2024, Case #: 23A-DR-990, Categories: family Law, settlements
J. Rothstein-Youakim finds the trial court improperly temporarily suspended a former wife’s alimony obligation due to two errors in her expenses. The former wife was unexpectedly demoted, and the court made errors in calculating her income. The court properly denied the former husband’s motions for contempt and attorney fees. Affirmed in part. Reversed in part.
Court: Florida Courts Of Appeal, Judge: Rothstein-Youakim, Filed On: February 23, 2024, Case #: 2D22-1791, Categories: family Law, settlements
J. Gerber finds the lower court properly determined the equitable distribution findings, alimony and child support calculations in this dissolution of marriage. The former husband also appeals the award of attorney fees to the former wife. The court of appeals does not have jurisdiction over the attorney fees because the lower court had not awarded the fees before the former husband filed this appeal. Affirmed in part. Dismissed in part.
Court: Florida Courts Of Appeal, Judge: Gerber, Filed On: February 14, 2024, Case #: 4D2022-1871, Categories: family Law, settlements, Attorney Fees
Per curiam, finds that the trial court improperly awarded the marital mobile home and property to the former wife. The former husband, during a Zoom hearing, did recommend that he have no other financial obligations if the former wife received the mobile home, or the mobile home could be sold, and the parties split everything in half. On remand, the trial court may also reconsider or adjust the alimony. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: February 14, 2024, Case #: 4D2023-0938, Categories: family Law, Property, settlements
Per curiam, the appellate division finds that the trial court properly dismissed claims contending a divorce settlement agreement fraudulently underrepresented the number of gold ingots purchased during the marriage because receipts demonstrate the parties jointly purchased the ingots and that the wife had access to all financial records during the marriage. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 23-00094, Categories: family Law, Fraud, settlements
Per curiam, the appellate division finds that the trial court properly voided a settlement entered by a husband and wife because the wife, who was not represented by counsel when she signed the settlement, often appeared distraught and emotional during the hearing, and the husband had placed her under duress when she signed the agreement. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: December 22, 2023, Case #: CA 22-01984, Categories: family Law, settlements
J. Riley finds that the trial court improperly ruled in a divorce action. Under the parties' settlement agreement, the husband did not have to disclose cryptocurrency transactions, and those assets are not subject to division. In addition, the husband failed to demonstrate he is entitled to attorney fees. Reversed in part.
Court: Indiana Court Of Appeals, Judge: Riley, Filed On: October 27, 2023, Case #: 22A-DR-2685, Categories: family Law, settlements, Attorney Fees
Per curiam, the Vermont Supreme Court finds the trial court improperly granted a divorced woman’s motion to enforce the final divorce order. The court should not have corrected the stipulation for being mistaken because the time had expired already for motions to set aside the judgement to be filed. Reversed.
Court: Vermont Supreme Court, Judge: Per curiam, Filed On: October 13, 2023, Case #: 23-AP-111, Categories: family Law, settlements
J. Abele finds the father's failure to raise any objections to the court's process for determining violations of the parties' shared parenting plan prevents him from making any argument regarding the lack of an evidentiary hearing and, therefore, that portion of his appeal will be dismissed. Meanwhile, the trial court properly used both the Ohio and Florida shared parenting plans to craft a new plan because the parties did not expressly agree to copy the previous agreements; therefore, exclusions of some elements of those plans did not constitute a violation of the parties' settlement agreement. Affirmed.
Court: Ohio Court Of Appeals, Judge: Abele, Filed On: September 28, 2023, Case #: 2023-Ohio-3611, Categories: Evidence, family Law, settlements
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. Miskel finds that the lower court properly granted the Office of the Attorney General's claims in intervention for child support, health insurance and medical support. The lower court erred, however, with respect to the portions of the judgment "relating to the parent-child relationship that do not comply with the terms of the parents' MSA" since it was "required to render a divorce decree that adopted the settlement terms." Affirmed in part.
Court: Texas Courts of Appeals, Judge: Miskel, Filed On: August 8, 2023, Case #: 05-22-00049-CV, Categories: Civil Procedure, family Law, settlements
J. Bourliot finds that the trial court improperly granted no-evidence summary judgment in favor of the mother in a suit to modify the parent-child relationship. The father gave evidence indicating a "material and substantial change in circumstances" for the child since the 2018 mediated settlement agreement. Reversed.
Court: Texas Courts of Appeals, Judge: Bourliot, Filed On: August 1, 2023, Case #: 14-21-00593-CV, Categories: Evidence, family Law, settlements
J. Shepherd finds a lower court properly ruled in favor of three grown children of a deceased father on claims that their stepmother, the executor of his estate, wrongfully retitled his estate in it entirety, and then assumed the assets. The stepmother argued that the lower court erred in establishing a constructive trust and a division of assets based on her claims that no will existed. However, his grown children presented sufficient evidence in court that their father breached a property settlement agreement by failing to leave them one half of his estate. Affirmed.
Court: 8th Circuit, Judge: Shepherd, Filed On: June 23, 2023, Case #: 22-1674, Categories: family Law, Property, settlements
J. Lambert finds the court lacks jurisdiction to hear the husband's appeal of the trial court's order denying his motion to ratify a 2021 settlement agreement from litigation with his ex-wife seeking to modify their 2018 marital settlement agreement. The trial court never determined the 2021 agreement was "not enforceable, never existed or was set aside," as required by Florida Supreme Court precedent, and the husband's appeal is dismissed.
Court: Florida Courts Of Appeal, Judge: Lambert, Filed On: June 2, 2023, Case #: 22-2609, Categories: family Law, settlements