69 results for 'cat:"Family Law" AND cat:"Contract"'.
J. Bishop finds the district court properly divided the marital property in this marriage dissolution. The land on which the marital residence and a barn were built was acquired and paid for by the husband before the marriage. Evidence supports the land is nonmarital, although the parties jointly paid a mortgage on the property. Therefore, the wife is entitled to one-half of that marital equity. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: April 30, 2024, Case #: A-23-249, Categories: family Law, Property, contract
J. Carlyle finds that the lower court properly granted summary judgment to the appellee in this dispute involving the validity of the parties' partition agreement. The appellant failed to address "each ground upon which the judgment could have been based." Affirmed.
Court: Texas Courts of Appeals, Judge: Carlyle, Filed On: April 23, 2024, Case #: 05-23-00844-CV, Categories: family Law, contract
J. Longoria finds that the lower court properly determined that Louisiana law applies to the validity of the premarital agreement at issue in this divorce case. The parties were married in Louisiana and purportedly signed the agreement pursuant to the Louisiana Civil Code. On appeal, the wife contends that the lower court erred in finding that "Texas does not have an explicit choice of law directive" as it relates to the purported agreement, but there is no supporting case law for her position. Affirmed.
Court: Texas Courts of Appeals, Judge: Longoria, Filed On: April 18, 2024, Case #: 13-22-00449-CV, Categories: Civil Procedure, family Law, contract
J. Murphy finds the circuit court properly dismissed the ex-husband's motion for modification of support and alimony. Though the husband's income decreased, and he says there is no longer a need for the obligation since the wife's income has increased, he is still capable of meeting the obligation. The court correctly found, and the record supports, the wife still has a need for support “to maintain the...lifestyle for [her]...children." Affirmed.
Court: Arkansas Court Of Appeals, Judge: Murphy , Filed On: April 17, 2024, Case #: CV-23-315, Categories: Evidence, family Law, contract
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J. Fischer finds the district court properly entered the divorce decree. The couple was married in California and after the separation the wife moved to Oklahoma. The divorce proceeded between the states slowly and contentiously. Though the ex-wife has not preserved any of the many issues she puts forth, the court's review for fundamental error finds none. The ex-wife's claim she did not receive proper notice is not supported by the record. Affirmed
Court: Oklahoma Courts Of Appeal, Judge: Fischer , Filed On: April 11, 2024, Case #: 117025, Categories: family Law, Property, contract
J. Gladwin finds the county court properly found the parties had a valid and enforceable marriage. After the husband's hospitalization for Covid-19, he returned home to find money in a bank account he had entrusted to his wife was gone. He filed for divorce and the wife denied the parties had been married. Evidence shows the parties held themselves out to the community at large as a married couple. The presumption of a lawful marriage exists when a couple who have lived together for a considerable time and hold each other out to the public as husband and wife. The property division is based on sufficient evidence. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: March 27, 2024, Case #: CV-23-127, Categories: Evidence, family Law, contract
J. Cadish finds the district court, in its divorce decree, improperly determined the husband's law firm, established prior to the marriage, was entirely community property. Uncontested evidence shows the firm was a continuation of the original separate property law practice and the presumption of community property does not apply. The court's refusal to award alimony, though, is based on the erroneous community property determination. Reversed in part.
Court: Nevada Supreme Court, Judge: Cadish , Filed On: March 21, 2024, Case #: 84998, Categories: family Law, Property, contract
J. Barrett finds the circuit court improperly divided the marital debts in its divorce decree. Because no reason was given after remand for an unequal distribution of a lawn care business ordered to be subject to a reverse auction, the law requires the property be divided equally. Reversed.
Court: Arkansas Court Of Appeals, Judge: Barrett , Filed On: March 13, 2024, Case #: CV-22-488, Categories: family Law, Property, contract
J. Bishop finds the county court properly entered this divorce decree, awarding alimony to the ex-wife. Though the wife's career as a mortgage loan officer was not interrupted by the marriage, and her substantial earnings and receipt of a property settlement could have supported not awarding alimony, her higher earnings as a loan officer did take place during a period of low interest rates. A period of increase during an industry slowdown also resulted in further reduced earnings. Being the alimony order covers only two years, no abuse of discretion is found. The husband, though, is entitled to a nonmarital set off for a down payment made on the marital home purchased before the marriage. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop, Filed On: March 12, 2024, Case #: A-23-030, Categories: family Law, Property, contract
J. Sacks determines it was an error to vacate a preliminary injunction that would require a former couple to share custody of Teddy Bear, their Pomeranian, in alternating two-week periods. This custody arrangement was in line with the couple’s agreements with each other and it was not an abuse of discretion to conclude that the man had a high likelihood of success on his contract claim against the woman if she continued to refuse him access to Teddy Bear. Reversed.
Court: Massachusetts Court Of Appeals, Judge: Sacks, Filed On: March 7, 2024, Case #: 23-P-73, Categories: family Law, contract
J. Bishop finds the county court properly divided the marital property in this divorce decree. Though child and cat custody are not at issue, the particular child support and alimony orders are proper due to the ex-husband's extensive travel for work. The ex-wife was almost exclusively responsible for the children's needs, activities and doctor appointments, as well as maintaining the household. The ex-wife also had the more consistent possession of the marital home, which was properly awarded to her. The ex-husband's severance pay was improperly divided, as it is correctly construed as replacing lost future wages. Affirmed in part.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: March 5, 2024, Case #: A-23-040, Categories: family Law, Property, contract
J. Moore finds the county court properly modified the ex-husband's child support obligation. The court properly gave him a year to pay because the ex-husband must reimburse the ex-wife retroactively for more than a year of expenses. But, because the court did not order either party to provide health insurance for a child, it erroneously failed to order cash medical support. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Moore , Filed On: March 5, 2024, Case #: A-23-149, Categories: family Law, Due Process, contract
J. Ledet finds that the trial court properly granted a father's request to proceed with the final phase of a titrated visitation schedule and allowed him over-night visitation. In this case, the trial court modified the father's therapy requirement and did not impose a requirement of attending weekly individual therapy. Further, the record shows that the father complied with his obligations under the modified titrated visitation schedule. There was testimony that the father completed the court-required parenting classes and tested negative for drugs and alcohol. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Ledet, Filed On: February 16, 2024, Case #: 2023-CA-0790, Categories: family Law, contract
J. Riedmann finds the county court properly classified and distributed the marital estate. Certain retirement accounts, which one party of the same-sex marriage had established before the marriage, were properly awarded to that party. The other party properly received portions to which she contributed during the marriage. Though the home, owned by one party before the marriage, had increased in value, it was encumbered to its full value at the time of separation. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: February 13, 2024, Case #: A-20-901, Categories: family Law, Property, contract
J. Denney grants the brother’s motion to compel his sister to produce messages involving their dispute over the trust. Though the sister’s counsel argued that the messages shared with her son are not relevant, being the alleged breach of the agreement had already occurred, the messages may be relevant to the trust’s claims and defenses, particularly regarding possible additional breaches. The request for the imposition of spoliation sanctions is deferred.
Court: USDC Nevada, Judge: Denney, Filed On: February 7, 2024, Case #: 3:22cv375, NOS: Other Contract - Contract, Categories: family Law, Trusts, contract
J. Pirtle finds the county court improperly found the newly discovered, deceased adult child to be a devisee of the father's will. The deceased child's estate objected to the known adult children's assertion that they were the sole devisees, and the county court found the deceased child to be a devisee. The will unambiguously distributes property in equal proportions to the father's surviving named children, born to or adopted by him after the will's execution. This does not include the newly-discovered adult child. Reversed.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: February 6, 2024, Case #: A-23-197, Categories: family Law, Wills / Probate, contract
J. Kenworthy finds that the trial court properly ruled that a wife should maintain possession of a pre-embyro in this divorce action. The parties created and froze pre-embryos, one of which they used to have a child, but their agreement did not state who should retain possession of frozen pre-embryos in case of divorce. The court properly weighed all factors in awarding the wife possession. Affirmed.
Court: Indiana Court Of Appeals, Judge: Kenworthy, Filed On: January 26, 2024, Case #: 23A-DC-129, Categories: family Law, contract
J. Gruber finds the circuit court properly divided property in this marriage dissolution. The arbitrator - the parties' adult son - attempted to award property to himself, and no evidence shows he took the requisite arbitrator's oath; therefore, the agreement is invalid. Furthermore, the wife's claims involving the son's loan to the father and its effect on the division of a family business are not legally cognizable. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gruber , Filed On: January 17, 2024, Case #: CV-22-85, Categories: family Law, Property, contract
J. Gladwin finds the trial court properly entered the divorce decree. The marital property is found to have been correctly divided, and, because the husband did not present evidence as to the value of certain jewelry at the final hearing, the court properly used the value shown in earlier financial statements. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Gladwin , Filed On: January 10, 2024, Case #: CV-22-466, Categories: family Law, Property, contract
J. Bishop finds the district court properly entered the decree of paternity, custody, support and visitation. The never-married parents agreed to use a basic income worksheet to determine support rather than the joint-custody worksheet, but never submitted their proposed decree. Three years later the court entered a decree that deviated from guidelines. The father points out large deposits made to the mother's bank accounts but fails to note the deposits were loans for a house and car, rather than income. He also fails to sufficiently support his contention the court improperly imposed portions of, rather than the entire, agreement. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Bishop , Filed On: January 2, 2024, Case #: A-22-586, Categories: family Law, Guardianship, contract
J. Pirtle finds the trial court improperly divided the marital estate. The case must be remanded so the trial court can recalculate the property division involving property and assets held by each party prior to marriage, farming property and assets acquired during the marriage, and property left to the husband during the marriage by his parents. Reversed in part.
Court: Nebraska Court Of Appeals, Judge: Pirtle , Filed On: December 26, 2023, Case #: A-22-897, Categories: family Law, Property, contract
J. Riedmann finds the trial court properly overruled the father's complaint to modify a custody order and parenting plan. The mother received sole physical and legal custody of the son after the father incurred a broken back, traumatic brain injury and bleeding in his brain from a car accident. Though the father has since married and has responsibility for his new wife's children, he has been found to have a greater earning capacity than his monthly disability benefits. He has failed to show a material change in circumstances to warrant modification. Affirmed.
Court: Nebraska Court Of Appeals, Judge: Riedmann , Filed On: December 26, 2023, Case #: A-23-093, Categories: family Law, Guardianship, contract
J. Thyer finds the circuit court properly denied the ex-husband's petition for contempt against his former wife. The Iranian couple divorced after moving to Arkansas and entered into a property settlement agreement wherein the husband retained ownership of the home while allowing the wife to live there until her remarriage. The decree and settlement agreement are barred by the 5-year statute of limitations from requesting a quitclaim title deed. The claim is also barred by the doctrine of laches, with the circuit court noting the husband waited 10 years to present the quitclaim deed, causing the ex-wife to believe he had abandoned his claim. Affirmed.
Court: Arkansas Court Of Appeals, Judge: Thyer , Filed On: December 6, 2023, Case #: CV-22-538, Categories: family Law, Property, 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