69 results for 'cat:"Family Law" AND cat:"Contract"'.
J. Bogardus finds the lower court properly granted the business owner's motion for summary judgment on a contract claim. Under precedent from the New Mexico Supreme Court, cohabitating couples cannot pool resources, and in the absence of any verbal or written agreement between he and his partner, the partner was not entitled to any portion of the business or income, regardless of how long the couple lived together. However, because text messages established the partner provided administrative services for the business for several years without compensation, the unjust enrichment claim will be reinstated and remanded to the lower court. Affirmed in part.
Court: New Mexico Court of Appeals, Judge: Bogardus, Filed On: August 15, 2023, Case #: A-1-CA-40263, Categories: family Law, contract
J. Bishop finds the county court properly divided the couple’s property in this marriage dissolution. $26,456 was set aside as the husband’s premarital asset from a vehicle he used as a trade-in on his wife’s vehicle. Remaining funds went into a savings account which was deemed marital other than $75,000 of the husband’s premarital interest in the account, which he commonly used for operating expenses for the marital farm. Benefit the husband received by the court’s error in calculating division of the farm ends up providing an equitable equivalent to reducing the marital value of a particular year’s crop. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: August 15, 2023, Case #: A-22-226, Categories: family Law, Property, contract
J. Freudenberg finds the district court properly entered a decree of dissolution of marriage based on a written agreement between a husband and wife. Though the husband has been treated for cancer, it did not impede his ability to work. The 15-year alimony award gives him a reasonable opportunity to support himself and was not an abuse of discretion. No evidence was offered showing that a loan was not marital debt. All property was correctly divided. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Freudenberg, Filed On: August 4, 2023, Case #: S-22-693, Categories: family Law, Property, contract
J. Bock finds that the lower court did not err when it found the prenuptial agreement between the parties was valid and enforceable because evidence in the record indicates the wife signed the agreement prior to the wedding. The husband's alleged misstatement of assets is based on speculation by the wife, which is insufficient to support her contention the document was the result of fraud. Affirmed.
Court: Ohio Court Of Appeals, Judge: Bock, Filed On: August 2, 2023, Case #: 2023-Ohio-2673, Categories: family Law, Fraud, contract
J. Wallach upholds the trial court's ruling in a divorce case awarding ownership of the couple's fertilized, frozen embryos to the husband. The embryos are considered property, rather than unborn children, and the parties' agreement with the fertility clinic is considered a binding contract. Affirmed.
Court: Texas Courts of Appeals, Judge: Wallach, Filed On: July 13, 2023, Case #: 02-22-00343-CV , Categories: family Law, contract
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J. Belsome finds that the trial court properly granted a father's motions for contempt, attorney fees, costs and motions to make past due child support executory against the mother. In this case, the parties entered into a consent judgment for the mother to pay 46% of their children's tuition. The mother admitted that she did not respond to the father's requests for reimbursement for the tuition. Further, the mother was properly determined to be in contempt based on her breach of the consent agreement for not reimbursing that father for her share of the minor child’s medical expenses. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Belsome, Filed On: June 14, 2023, Case #: 2022-CA-0801, Categories: family Law, contract
J. Miller-Lerman finds the district court improperly dismissed the ex-wife’s motion to modify alimony. The ex-husband had accepted a veteran’s disability pension which allowed the wife to modify alimony because his acceptance reduced his benefits, and therefore the value of her share. The district court, thinking it was being asked to divide the benefits, concluded that it lacked subject matter jurisdiction as preempted by federal law. The motion sought merely to modify alimony based on a reduction in the pension, and the court had jurisdiction to do this. Reversed and remanded.
Court: Nebraska Supreme Court, Judge: Miller-Lerman, Filed On: June 2, 2023, Case #: S-22-066, Categories: family Law, Jurisdiction, contract
J. Blackwell finds the trial court properly divided certain jointly titled real estate and bank accounts as marital property in this divorce decree. The parties’ prenuptial agreement is characterized as not being particularly strong, stating an intent not to create joint property, but also contemplating transfers that could be considered to that ends. The question of intent as to the property had more than one possible answer, hinging mostly on the parties’ testimony. There is insufficient basis to overturn the ruling. Affirmed.
Court: Oklahoma Courts Of Appeal, Judge: Blackwell, Filed On: June 1, 2023, Case #: 119055, Categories: family Law, Property, contract
J. Wicker finds that the trial court should not have denied the state's rule for child support and medical support filed against a father because the father and mother were still married. Statute allows the state to take action to obtain an order of support without the necessity of divorce proceedings. Reversed.
Court: Louisiana Court Of Appeal, Judge: Wicker, Filed On: May 24, 2023, Case #: 22-CA-566, Categories: family Law, contract