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Family Law

Equitable distribution and income rulings affirmed (access required)

Where the parties have made multiple assignments of error regarding the court’s rulings on equitable distribution, valuation of property and calculating income for child support purposes, the trial court’s rulings are affirmed. Husband’s appeal Husband asserts the trial court’s apportionment ...

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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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