Archive for the ‘Divorce’ Category
In re Crosswhite – Bankruptcy Discharge of Divorce Decree Debt
Debt obligations under a divorce decree are not dischargeable unless the debtor is either unable to pay the debt from disposable income or the benefit to the debtor in discharging the debt outweighs the detriment to the debtor’s former spouse or child. The court must place the burden on the debtor to prove that the debt should be discharged. [...]
Lowery v. Lowery – Maintenance Order – Prospective Modification
A court with jurisdiction over an obligor under a maintenance order from another state has the power to modify that order prospectively if the state issuing it allows prospective modification. A maintenance order issued in another state is entitled to full faith and credit only with respect to the amounts already accrued, and then only if such amounts are not subject to retroactive modification in the issuing state. [...]
Decker v. Decker – Divorce – Contempt for Failure to Pay Support
Problems of domestic relations involving alimony, support and maintenance, and property settlements, together with related court orders, do not normally fall into the debtor creditor category. Arrearages in alimony and support payments do not constitute a debt within the meaning of the constitutional prohibition. [...]
Konzelman v. Konzelman – Divorce – Cohabitation Clauses
A property settlement agreement can be enforceable if it provides for the termination of alimony payments in the event that a spouse cohabitates with another for a period longer than four months.
In re Marriage of LaRocque – Divorce – Division of Marital Assets
A court should not consider capital assets available for liquidation when awarding support and maintenance. The trial court was to consider the feasibility of the party seeking maintenance becoming self-supporting at a standard of living reasonably comparable to that enjoyed during the marriage and the length of time necessary to achieve this goal. [...]
In re Marriage of Olar – Divorce – Division of Marital Property
Although an education degree is not marital property, this does not mean that a couple who mutually sacrificed their marital standard of living for one of them to obtain an education must not account for the sacrifices made upon dissolution. [...]
Yoon v. Yoon – Divorce – Division of Marital Property
If goodwill is personal to the professional business owner that goodwill is not divisible upon dissolution of the marriage. Before including the goodwill of a self-employed business or professional practice in a marital estate, a court must determine that the goodwill is attributable to the business and not to the owner as an individual. If the goodwill is attributable to the individual, the goodwill is not a divisible asset and is properly considered only as future earning capacity that may affect the relative property division. [...]
In re Marriage of Kelm – Divorce – Division of Marital Property
Post-dissolution increases in pension benefits are characterized as marital property. We reject the contention that the trial court is precluded from applying different methods in distributing each of the parties’ pensions. [...]
Bowen v. Bowen – Divorce – Division of Marital Property
A court faced with difficulty in evaluation of the stock of a close corporation may not order one party to retain the stock and make the other party an equitable owner of half of that stock. The disadvantages of continuing the relationship between the parties outweigh the problems of proof that confront a court in such situations. [...]
Middendorf v. Middendorf – Divorce – Division of Marital Property
For a court to characterize an appreciation in separate property during marriage as marital property, a court need not find that both spouses have expended significant marital funds or labor directly contributing to the increase, or that the non-owning spouse contributed substantial work toward the improvement and maintenance of the separate property.