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Family Law

Business expenses deducted from income to determine child support (access required)

Where father receives child support payment from mother, father’s income from his rental units may be offset by his reasonable rental business expenses for purposes of calculating the child support guidelines. Background Father owns two residential properties, which he leases. ...

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All of defendant’s military retirement pay must be divided (access required)

Where defendant, a U.S. Navy retiree, began receiving military retirement pay and later “Concurrent Retirement Disability Pay,” both are military retirement pay that must be divided under the parties’ property settlement. Howell v. Howell, 137 S. Ct. 1400 (2017), which ...

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Stalking elements not proved in protective order petition (access required)

On reconsideration, the court again denies petitioner’s motion for a protective order because she did not prove that respondent, more than once, placed her “in reasonable fear of death, criminal sexual assault, or bodily injury.” The statutes “The petition was ...

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Wife did not desert husband by getting protective order (access required)

Where wife obtained a protective order after husband assaulted her, this did not amount to her deserting him for purposes of determining a spousal support award. Protective order “Husband contends that the circuit court erred in granting wife’s motion to ...

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No continuance after fourth lawyer withdrew (access required)

Where husband’s fourth lawyer withdrew from representation on the morning of trial, the circuit court correctly denied husband’s motion for a continuance. Further, the court’s rulings regarding the equitable distribution and child support credits are affirmed. Continuance “Husband argues that ...

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Contempt order issued for violating separation agreement (access required)

Where the parties’ separation agreement required husband to remove wife’s name from certain real estate and list the property for sale, the trial court properly found him in contempt when he failed to do so. Overview “Wife alleged that husband ...

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Order barring support changes is void ab initio (access required)

Where a court order provided that father could not seek a modification of his child support obligation until he became current on his payments, the order is void ab initio because it “diminishes the court’s power to decree support[.]” Voidness ...

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