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Tag Archives: Alimony

Domestic Relations – Separation Agreement – Reconciliations – Civil Practice – Law of the Case Doctrine – Prior Appeal – Footnote (access required)

Moorefield v. Moorefield Plaintiff previously appealed the trial court’s ruling that the parties’ 1990 separation agreement remained in effect and barred plaintiff’s equitable distribution claim, despite the parties’ subsequent reconciliations; this court affirmed and indicated in a footnote that the trial court’s ruling also foreclosed any claim for post-separation support or alimony

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Domestic Relations – Separation Agreement – Alimony – Lower Income – Unilateral Reduction – Renegotiation Provisions (access required)

Ebert v. Ebert The parties’ separation agreement required renegotiation of the defendant-husband’s alimony obligation if his income decreased; instead of complying with the renegotiation requirement, the husband breached the agreement by unilaterally reducing his alimony payments. At that point, the plaintiff-wife was not required to renegotiate with the husband.

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Domestic Relations – Alimony – Supporting Spouse – Equitable Distribution – Unequal Division – Discovery (access required)

Rochelle v. Rochelle The defendant-husband failed to comply with the trial court’s order compelling discovery, and the husband does not challenge the following finding of fact: “Because Defendant’s cash deposits are always more than enough to cover his fluctuating monthly expenses, it can be inferred that there is additional cash elsewhere to be able to cover additional expenses, such as alimony.” The inferred income surplus adequately supports the trial court’s conclusion that the husband was a supporting spouse.

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Civil Practice – Appeals – Interlocutory – No Trial Court Certification – Domestic Relations – Alimony – Attorney’s Fees (access required)

Duncan v. Duncan The trial court has ruled that the parties’ 1989 Cherokee wedding was valid and that the defendant-husband must pay the plaintiff-wife alimony; however, the court has not yet ruled on the wife’s request for attorney’s fees, and the trial court did not certify its rulings for immediate appeal.

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