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Family Law

Prenuptial agreement correctly interpreted (access required)

The circuit court correctly interpreted the parties’ prenuptial agreement regarding the disposition of certain property wife purchased from husband before they were married. However, the court incorrectly determined the amount of debt encumbering the property. Further, where the prenuptial agreement ...

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Incorrect method used to divide military pension (access required)

The circuit court’s division of husband’s military pension did not follow applicable federal law and this court’s precedent. Parties’ arguments “Wife argues that the circuit court failed to apply the correct law when issuing its order. We agree and reverse ...

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Income correctly determined for child support modification (access required)

The trial court correctly ruled that father’s $600,000 inheritance was income for purposes of determining his child support obligation. Further, the court acted within its discretion by dividing the inheritance as income over a five-year period until the youngest child ...

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Order dividing military pension void ab initio (access required)

Where the trial court’s order dividing a husband’s military pension was contrary to federal law, the order is void ab initio and can be attacked beyond Rule 1:1’s 21-day window. Overview “Michael Yourko (‘husband’) appeals from the trial court’s dismissal ...

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Written property settlement trumps oral modifications (access required)

Where the parties each claim the other violated their oral agreement concerning living together and sharing expenses after the final divorce decree was entered, their property settlement agreement, which provides that any modifications must be in writing, controls the resolution ...

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