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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. [...]

Written by Nymatlaw

June 18th, 2009

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. [...]

Written by Nymatlaw

June 16th, 2009

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. [...]

Written by Nymatlaw

June 16th, 2009

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.

Written by Nymatlaw

June 15th, 2009

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. [...]

Written by Nymatlaw

June 12th, 2009

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. [...]

Written by Nymatlaw

June 11th, 2009

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. [...]

Written by Nymatlaw

June 11th, 2009

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. [...]

Written by Nymatlaw

June 10th, 2009

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. [...]

Written by Nymatlaw

June 9th, 2009

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.

Written by Nymatlaw

June 9th, 2009