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Family Law

Court lacked jurisdiction to modify pension distribution (access required)

Although a circuit court retains jurisdiction to correct or clarify a pension distribution order after Rule 1:1’s 21-day period, the court lacks jurisdiction “to change the substance of the original division of property.” As a result, where the property distribution ...

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Mother could not testify in custody case-in-chief (access required)

Where the circuit court precluded mother from testifying in her case-in-chief at a custody hearing because, in response to father’s interrogatories, she did not identify herself as a potential witness and describe her anticipated testimony, her failure to provide the ...

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Father correctly awarded primary physical custody (access required)

Appellee father was correctly awarded primary physical custody of the parties’ child based on, among other things, his ability to provide the child with a “stable living situation.” Further, the parties’ premarital agreement precludes an attorney’s fee award to appellant ...

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Husband’s share of marital home correctly calculated (access required)

Where the parties’ first marital home was purchased, in part, with husband’s separate property, and proceeds from the home’s sale were used to purchase another marital home, in which improvements were made using husband’s separate property, the court correctly calculated ...

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