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Distributive Award

Jan 14, 2015

Domestic Relations — Equitable Distribution – Distributive Award – Ability to Pay – Appeals – Rules Violations

Anderson v. Anderson (Lawyers Weekly No. 15-16-0047, 12 pp.) (Rick Elmore, J.) Appealed from Surry County District Court (Charles Neaves Jr., J.) N.C. App. Unpub. Holding: The trial court ordered a distributive award without finding that the presumption in favor of an in-kind distribution had been rebutted; furthermore, the trial court failed to make findings […]

Sep 18, 2012

Domestic Relations – Equitable Distribution – Unequal Division – Distributive Award – Valuation

Peltzer v. Peltzer Even though the equitable distribution order does not explicitly state what percentage of the marital estate is distributed to which party, the unchallenged findings and a little math show that the defendant-husband was awarded 55 percent of the marital estate, rather than the 20 percent he claims to have been awarded.

Sep 21, 2011

Civil Practice – Appeals – Subject Matter Jurisdiction – Domestic Relations – Equitable Distribution – Distributive Award – Enforcement Pending Appeal

Romulus v. Romulus Where the trial court’s equitable distribution order required the defendant-husband to make a distributive award to the plaintiff-wife in monthly installments over seven years, once the husband appealed the order, the trial court lacked subject matter jurisdiction to enforce the payment of the installments. Vacated and remanded.

Jul 29, 2011

Domestic Relations – Equitable Distribution – Distributive Award – Ability to Pay – Interest 

Smith v. Smith The trial court found that the plaintiff-husband had $176,000 equity in the marital home; moreover, the trial court distributed to the husband $33,662 in “liquid, non-tax-deferred assets.” Therefore, the trial court did not err in determining that the husband “has the ability to make the [$110,575] distributive award.”

Jul 13, 2011

Domestic Relations – Equitable Distribution – Separate Property – ‘Consideration’ — Distributive Award – Dairy Farm

Williams v. Williams Once the trial court found the “Mayberry Tract” to be the defendant-husband’s separate property, the trial court was not required - as argued by the plaintiff-wife — to value the Mayberry Tract for the purpose of considering it pursuant to G.S. § 50-20(c)(1). We affirm the trial court’s equitable distribution order.

Jan 11, 2011

Domestic Relations – Civil Practice – Contempt – Consent Order – Spousal & Child Support – Distributive Award – Personal Expenses

Raprager v. Raprager. Even though a modification of defendant's support obligations may be warranted based on the decline in his business revenue, by his profligate spending after the June 3, 2008, consent order and his failure to pay his obligations . . .

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