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Family Law

Parties’ military pension division agreement upheld (access required)

Where the parties agreed on a division of husband’s military pension, including indemnification provisions if husband breached his agreement not to do anything to defeat wife’s share, the court’s approval of the agreement does not run afoul of Howell v. ...

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Parol evidence defines meaning of shareholder distribution in PSA (access required)

The trial court correctly determined that the term “shareholder distributions” in the parties’ property settlement agreement was ambiguous. The court permissibly considered parol evidence to conclude that the term meant distributions from corporate income to wife rather than what the ...

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Wife’s relationship with boyfriend was not marriage (access required)

Where the parties’ settlement agreement provided that wife would no longer get a portion of husband’s retirement benefits if she remarried, her relationship with her boyfriend was not a “marriage” as defined by the settlement agreement.  ‘Marriage’ defined “Agreements between ...

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Stock properly classified for lump sum support award (access required)

The trial court correctly classified stock in a family real estate business as a gift from husband’s uncle and therefore as husband’s separate property, which was not subject to equitable distribution. Further, there was no error when the court awarded ...

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‘Romantic partner’ clause void as against public policy (access required)

A clause in a property settlement agreement requiring “great care” before either party introduces a romantic partner to the child is vague and cannot be enforced. Further, where the court has ruled that the parties will pay their child’s unreimbursed ...

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Changed circumstances do not warrant custody change (access required)

Where the child’s mother, father and grandmother had legal custody, and the grandmother had primary physical custody, mother’s physical custody petition is denied. Although there has been a material change in circumstances, the child’s best interest is served by continuing ...

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Commissioner of accounts properly conducted hearing (access required)

The commissioner of accounts properly held a hearing regarding a conservator’s accounting of the decedent’s estate, even though the information prompting the hearing came from a disinterested party. Background Kishna Minor was appointed conservator of Eric Witt Wilder, her incapacitated ...

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