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Family Law

Ex-wife had superior claim to insurance proceeds (access required)

Where the parties’ amended property settlement agreement required husband to maintain wife as a 50% beneficiary of a life insurance policy, wife’s claim to the insurance proceeds is governed by equity principles rather than substantive law. Wife’s equitable claim is ...

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Ex-spouse cannot buy interest in marital home (access required)

The court denies defendant’s motion for a declaratory judgment allowing him to buy out his ex-wife’s interest in the former marital home. Overview The parties’ marital settlement agreement, which was incorporated into the final divorce decree on Jan. 19, 2016, ...

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Order to revoke children’s Greek citizenship reversed (access required)

The trial court correctly awarded mother sole physical and legal custody of the parties’ children but erred by ordering father to take steps to revoke the children’s Greek citizenship. Mother never requested that relief in her pleadings. Facts The parties ...

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No appeal of property settlement interpretation (access required)

Where wife challenges post-decree relief granted to husband on the basis that the trial court misinterpreted the parties’ property settlement agreement, her arguments cannot be considered on appeal because she did not timely appeal the final decree. Overview On Sept. ...

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Husband’s incarceration did not stay support obligation (access required)

An incarcerated husband remains liable for his spousal support obligation but is not in contempt of court for failing to pay as ordered in the final divorce decree. The court finds that husband’s spousal support arrearage is $489,239. Judgment is ...

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Divorce decree unaffected by California divorce order (access required)

A divorce decree entered by this court is unaffected by a California court’s divorce order that ended the marriage of plaintiff and his first spouse, even though the California order was entered after plaintiff married defendant but made nunc pro ...

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Reduced income warrants lower support payments (access required)

Where husband’s income from his chiropractic practice has declined, this is a material change in circumstances that justifies a reduction in his support payments to plaintiff wife. Background Dr. Wichin, upon reaching full retirement age and experiencing a reduction in ...

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Portions of custody agreement vacated (access required)

Although the circuit court incorrectly vacated some portions of the parties’ custody settlement agreement, it had the authority to vacate provisions regarding parenting decisions and to “give mother decision-making authority over most issues.” Background The parties, who had two children, ...

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