69 results for 'cat:"Family Law" AND cat:"Contract"'.
J. Hodgens affirms judgment in favor of a husband after his wife sued him for breach of contract when he stopped making monthly payments as stipulated by their separation agreement. The husband made the payments as required until the wife tried to kill him by attacking him and their 9-year-old son with a hatchet outside of his dental practice, which ended his obligation to pay her.
Court: Massachusetts Court Of Appeals, Judge: Hodgens, Filed On: November 16, 2023, Case #: 22-P-378, Categories: family Law, contract
J. Ellender finds that the trial court properly determined that the parties entered into a valid consent agreement regarding the paternity of a child. The Department of Child and Family Services does not show that it is entitled to a new trial to include in the consent judgment that the father is responsible for child support retroactive to the date of judicial demand, that the Department should be the payee of child support, and that the support order must be enforced by an immediate income assignment. The Department does not show a lack of genuine consent before agreeing to the contract. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ellender, Filed On: November 15, 2023, Case #: 55,340-CA, Categories: family Law, contract
J Thyer finds the trial court improperly designated the divorced couple's home as marital property and allocated the husband's 401(k) plan among him, his former ex-wife and his now-ex-husband. The ex-husband quitclaimed interest in the home to the husband in exchange for release from liability on the mortgage, which meets the statutory definition of a gift and thus satisfies the marital property exception. The trial court also failed to give full consideration to the domestic relation order entered in the prior divorce action as it applies to allocation of the retirement account. Reversed in part.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: November 15, 2023, Case #: CV-22-622, Categories: family Law, Property, contract
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J. Hixson finds the trial court properly divided the divorced couple’s assets unequally in favor of the wife. The husband was awarded the home, but ordered to pay the wife the full amount of equity. The trial court fully considered the husband’s extensive assets to be retained after the divorce, including substantial real estate, investments and businesses, as well as his net worth of $32 million. The husband had commingled marital and nonmarital assets, leading the wife to believe she was a partner in his companies. There was evidence that she had been involved in the company’s daily operations and management as well. There is record evidence of the home equity debt reduction. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Hixson, Filed On: November 8, 2023, Case #: CV-22-330, Categories: family Law, Property, contract
J. Wood finds the county court properly determined certain property to be marital property in this marriage dissolution, awarding the ex-wife spousal support as well as ordering her to repay money withdrawn from the ex-husband’s nonmarital business accounts while denying her request for rehabilitative alimony. No corroborating evidence or testimony that the ex-husband’s parents intended money used to purchase property during the marriage to be a gift. Spousal support was properly awarded to be paid during the divorce proceedings as the ex-wife no longer worked for the husband’s business. Though the wife previously worked for the business, it was the husband’s premarital property, and she did not have authority to withdraw money from the business’s accounts. Affirmed on direct and cross-appeals.
Court: Arkansas Court Of Appeals, Judge: Wood, Filed On: November 1, 2023, Case #: CV-22-186, Categories: family Law, Property, contract
J. Moore finds the district court improperly divided the marital estate in this dissolution proceeding. The court of appeals modifies the decree to restore the ex-wife’s maiden name. Though the wife did not move to amend pleadings, a court may constructively amend in order to render a consistent decision. The husband did not object to the request to restore the name and the court could have amended the pleadings to conform to the evidence. The court also abused its discretion by including the total value of the wife’s whole life insurance policy and two retirement accounts in the marital estate. Valuations and divisions of certain debts and property including a truck and trailer are also modified. Affirmed as modified.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: October 31, 2023, Case #: A-22-873, Categories: family Law, Property, contract
J. Funke finds the county court properly awarded alimony and an equalization payment to the wife in this divorce decree, also equally dividing the children’s student loan debts. No abuse of discretion is found as to the alimony award and the Nebraska Supreme Court will not reweigh evidence. All assets and debts were valued between dates rationally related to an account the husband contests. This asset cannot be singled out. There is no requirement that the student loan debts must have been incurred before separation to be considered marital. Affirmed.
Court: Nebraska Supreme Court, Judge: Funke, Filed On: October 27, 2023, Case #: S-22-826, Categories: family Law, contract
J. Brown finds the county court properly entered the post-divorce order requiring the father to pay 25% of his bonuses but not his commissions and crediting payments made directly to the mother against arrearage. Because payments made were in accordance with court-ordered child support, they were not voluntary payments for which the father is not entitled to credit. And though the wife did not prevail on all matters, the court’s award of attorney fees to her is not an abuse of discretion. The husband offers no support for his claim that the award was related to the difference between the parties’ income. Affirmed on direct and cross appeal.
Court: Arkansas Court Of Appeals, Judge: Brown, Filed On: October 18, 2023, Case #: CV-21-503, Categories: family Law, Attorney Fees, contract
J. Johnson finds the trial court improperly granted the mother’s motion to retroactively modify child support. Such an order should be based solely on clerical discrepancies between oral pronouncements and written orders. The retroactive order amounted to a substantive change from the judgment as it provided that the father would stop paying support only after the youngest child reached 18, altering the monthly amount to provide a monthly “step-down” for the third child once the twins turned 18 and until the youngest child did too. Reversed and rendered.
Court: Texas Courts of Appeals, Judge: Johnson, Filed On: October 12, 2023, Case #: 09-22-00327-CV, Categories: family Law, Due Process, contract
J. Hendon finds the trial court partially erred in its decision terminating the former husband's obligation to pay monthly alimony under a marriage settlement agreement with the former wife because it never considered the economic factors involved with terminating the former husband's alimony. On remand, the trial court determine whether the former husband's alimony should be fully terminated or just reduced. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Hendon, Filed On: October 11, 2023, Case #: 22-1400, Categories: family Law, contract
J. Edwards finds the trial court made improper financial rulings in its final judgment in favor of the former wife in the dissolution of her and the former husband's marriage. The trial court in part erred by ordering permanent alimony payments of $3,000 per month which exceed the husband's ability to pay and a payment of $36,000 in retroactive alimony without making specific findings about the wife's need and the husband's ability to pay, so the trial court's final judgment is overturned and the case is remanded for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Edwards, Filed On: October 6, 2023, Case #: 22-0466, Categories: family Law, contract
J. Johnson finds that the district court properly determined a stepdaughter to be the sole owner of a disputed property. The decedent, the original owner of the property, executed a Counter Letter in 1999 declaring the stepdaughter as the owner, and the letter does not require the stepdaughter to pay off the mortgage. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Johnson, Filed On: October 5, 2023, Case #: 2023-CA-0013, Categories: family Law, Property, contract
J. Gruber finds the circuit court properly denied the ex-wife’s request that her ex-husband be held in contempt for nonpayment to her from his military retirement or disability payments according to the couple’s divorce decree. The wife cited cases where the court enforced agreements without contempt findings, and she chose to settle instead of pursuing a court decision. Because the circuit court denied her motion for contempt, there was no ruling on how the decree should be interpreted and enforced. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber, Filed On: October 4, 2023, Case #: CV-22-294, Categories: Contempt, family Law, contract
J. Barrett finds the circuit court properly refused to terminate the ex-husband’s monthly alimony obligation to his ex-wife. The husband had recently purchased a new home and the court properly considered all alimony factors, also recognizing his decreased ability to pay while still recognizing the wife’s need for alimony due to her health conditions and limited ability to work. The decision to decrease but not terminate alimony was not an abuse of discretion. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: October 4, 2023, Case #: CV-22-410, Categories: family Law, Health Care, contract
[Consolidated.] J. Brown dismisses the appeal because the district court did not properly hold a hearing on a wife's motion to set aside the judgment to make past due rent executory, to make judgments executory and for access to the matrimonial domicile. Therefore, the wife's appeal of the judgment is premature, and this court does not have jurisdiction.
Court: Louisiana Court Of Appeal, Judge: Brown, Filed On: October 3, 2023, Case #: 2023-CA-0132, Categories: Civil Procedure, family Law, contract
J. Sandefur holds that the trial court properly found that a gestational carrier agreement that gave a father exclusive parental rights did not preclude a surrogate from later establishing a parental interest in the child. After the child's birth, the father and surrogate decided to platonically marry due to Covid-19 travel restrictions that kept his mother from traveling from China to care for the child. The parent-child relationship provision of the premarital agreement the father and surrogate signed was valid, enforceable and not equitably unconscionable. However, the trial court erred in adjudicating the surrogate's parental interest without adequate findings. It must revisit its child custody parenting plan to make the the father the sole parent and custodian and then consider the merits of the surrogate's nonparent visitation claim. Reversed in part.
Court: Montana Supreme Court, Judge: Sandefur, Filed On: September 20, 2023, Case #: 22-0133, Categories: family Law, contract
J. Brown finds that the trial court improperly ruled that an embryo created in preparation for in-vitro fertilization is marital property and awarded custody of the frozen embryo to the wife in the divorce. The trial court incorrectly applied a blended approach and Georgia's equitable division of property doctrine in making its decision instead of looking to the couple's enforceable agreement as to the disposition of the embryo. The couple intended to donate the embryos if they could not agree on disposition in the future, therefore that intention must be honored. Reversed.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: September 18, 2023, Case #: A23A0896, Categories: family Law, contract
J. Griggsby grants in part an ex-husband's motion to dismiss allegations of breach of fiduciary duty, equitable accounting and breach of contract brought by his ex-wife, who claims he did not comply with a property settlement agreement per the terms of their divorce. Each ex-spouse owns a 50% share of stocks in their mutually-owned contracting company. The ex-wife claims that the ex-husband sought to let the company die and began using the company credit card on personal expenses and a car for his girlfriend. The ex-wife's allegations were already litigated in a lower court.
Court: USDC Maryland, Judge: Griggsby, Filed On: September 15, 2023, Case #: 1:22cv2594, NOS: Stockholders’ Suits - Contract, Categories: family Law, Fiduciary Duty, contract
J. Leahy disagrees with the lower court’s decision to award a husband a frozen pre-embryo in order for him to have it destroyed against his wife’s wishes after they decided to divorce. The couple, while married, made an oral agreement that “no matter what,” they would give all of three pre-embryos a chance at life as part of an IVF process. The first ended in a miscarriage, while the second resulted in the birth of a healthy baby. Not long after, the couple split up, leaving the third pre-embryo as yet unused. The husband preferred to have it destroyed because, he argued, the agreement should have a stipulation that they only use it if they are married. However, this stipulation was never part of the oral agreement, so the wife will be able to use the pre-embryo to attempt pregnancy again. Reversed and remanded.
Court: The Appellate Court of Maryland, Judge: Leahy, Filed On: September 6, 2023, Case #: 03-C-17-007803, Categories: family Law, contract
J. Pirtle finds the trial court properly found that the premarital agreement was enforceable and entered into voluntarily. The husband's attorney testified that he did not observe his client threaten or intimidate his fiancé to get her to sign, nor did the fiancé indicate that she was being threatened or intimidated. There was no evidence of surprise in the presentation of the agreement as the attorney was contacted a month before the wedding and prepared a draft sent to both parties. The court erred in finding the alimony portion of the agreement unconscionable as the elimination provision did not cause the wife to be eligible for Social Security disability benefits that she received during the marriage due to a stroke. Affirmed in part, reversed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: September 5, 2023, Case #: A-22-386, Categories: Evidence, family Law, contract
J. Bishop finds the district court properly denied the father’s request to modify custody of the children to a joint physical custody arrangement with their unmarried mother. The district court appropriately emphasized stability in the children’s routines and minimalization of contact and conflict between the parents. Although the parents’ communication has improved, disagreements still affect the children negatively. The district court, though, did not provide any explanation for deviating from child support guidelines, and abused its discretion in failing to set off non-reimbursed health care costs per child per year before triggering the father’s obligation to contribute. Affirmed in part. Affirmed in part as modified. Reversed in part. Vacated in part.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: August 29, 2023, Case #: A-22-786, Categories: family Law, Guardianship, contract
J. Arterburn, in this marriage dissolution, finds the county court properly distributed real estate purchased during the marriage by the husband for significantly less than fair market value. The difference between the purchase price and the fair market value of the land was a gift to the husband from his family, and so was his separate property. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Arterburn, Filed On: August 29, 2023, Case #: A-22-723, Categories: family Law, Property, contract
[Consolidated] Per curiam, the appeals court finds the trial court erred in the husband and wife's marriage dissolution proceedings by transferring ownership of a marina property from the husband to a family-owned business and awarding the wife attorney fees as the prevailing party. The trial court incorrectly found the issue of ownership of the marina was not barred and ordered transfer of the marina based on the husband's concealment of a bankruptcy court order related to the parties' marriage settlement agreement, an agreement which specifically holds that the marina must be held in a family trust. The wife should not have been awarded attorney fees because she was not the prevailing party, as "this litigation ended in a tie" with each side winning and losing on key issues. The rest of the trial court's dissolution orders stands. Affirmed in part.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: August 25, 2023, Case #: 21-2908, Categories: family Law, contract
[Consolidated.] J. Herman finds that the trial court properly found a mother to be in contempt for not participating in court ordered Dialectical Behavior Therapy and Parent-Child Interaction Therapy. The mother acknowledged, before a doctor's custody evaluation, that she self-reported with borderline personality disorder, PTSD , and anxiety. The expert refuted the mother's contention that she did not participate in Parent-Child Interaction Therapy since her children were "too old" because, when the parties entered into the consent judgment in 2019, the children were at an appropriate age. Further, the appeal of the trial court’s designation of a specific reunification therapist is rendered moot because the therapist has resigned. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Herman, Filed On: August 23, 2023, Case #: 2023-CA-0309, Categories: family Law, contract
J. Robinson finds that the trial court should not have ordered retroactive application of the final child support award of $700 per month and for the wife to repay the overpayment of child support. The parties stipulated to the determination that the husband was to pay child support in the amount of $2,500 per month, and there was no provision that a final determination was to be retroactive to the date of judicial demand. Further, the husband does not show good cause for applying the 2021 judgment that his payments should have been $700 per month to be applied retroactively. Reversed.
Court: Louisiana Court Of Appeal, Judge: Robinson, Filed On: August 23, 2023, Case #: 55,137-CA, Categories: family Law, contract
J. Mitchel finds the trial court properly reduced the father’s child support payments, ordering the parties to share education expenses. The father had gone into arrearage on the payments due to his unemployment after the court previously increased them. The father has failed to comply with filing rules, not setting forth a fully developed and reasoned analysis for his argument that the marital agreement wasn't enforced. He forfeits the argument. It is well established that a trial court has the authority to modify a child support provision of a dissolution judgment entered in accordance with a settlement agreement. Affirmed.
Court: Illinois Appellate Court, Judge: Mitchel, Filed On: August 18, 2023, Case #: 1-22-1097, Categories: family Law, Due Process, contract
J. Moore finds the trial court improperly denied the trustee of the family trust’s motion for a new trial in this dispute among the four living children with respect to various agreements and interests in the family farm. To the extent the award of attorney fees included those resulting from the family’s derivative claims, it was error to award fees against the trustee, individually. Affirmed in part. Reversed in part and remanded.
Court: Nebraska Court Of Appeals, Judge: Moore, Filed On: August 15, 2023, Case #: A-22-108, Categories: family Law, Trusts, contract