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Civil Practice – Contempt – Burden of Proof – Waiver – Domestic Relations – Equitable Distribution – Car Loan
Moss v. Moss Where an assistant clerk of court – rather than a judicial official – entered the show cause order, plaintiff should have borne the burden of proving that defendant was in contempt. However, since defendant failed to object and acquiesced when the trial court asked her to show why she should not be held in contempt, defendant waived the right to complain about this proced[...]
Domestic Relations – Arbitration – Equitable Distribution – Passive Increase in Value – Life Insurance – Retirement Accounts – Mortgage Reduction
Kiell v. Kiell The record shows that the increase in the value of two life insurance policies was approximately twice the amount of the premiums paid during the post-separation period. Policy statements from the insurer clarify that approximately half the increase in the policies’ values during this period was from interest and dividends. The arbitrator erred in finding that there was n[...]
Civil Practice – New Trial Motion – Recused Judge – Insufficient Showing – Domestic Relations – Equitable Distribution
Sisk v. Sisk A trial judge entered an equitable distribution order and then, after plaintiff moved for a new trial, recused himself. Once the trial judge recused himself, the new trial motion could not be heard by another trial judge; instead, this court must decide the motion.
Domestic Relations – Alimony – Dependent Spouse – Unsustainable Lifestyle – Equitable Distribution –Insufficient Findings
Bodie v. Bodie The defendant-wife was unable to show that she was a dependent spouse because there is a surplus left each month, after deducting all of her expenses from her net monthly income. Even though the wife contends that this is only possible because she lowered her standard of living compared to what the parties maintained when they were married, the evidence showed that the part[...]
Domestic Relations – Equitable Distribution – Trial Court’s Calculations – Remand
Schweizer v. Patterson The equitable distribution order appears (1) without explanation, to ignore the fact that certain assets were stipulated to be separate property and (2) to improperly consider passive increases to the value of separate property. Moreover, using the figures set out in the order, our calculations do not match those of the trial court.
Domestic Relations – Equitable Distribution – Marital Residence – Rental Value — Classification – Vehicles & Equipment
McCollum v. McCollum Following the parties’ separation, the defendant-husband maintained most of the marital debts. After recognizing the husband’s payments, the trial court granted the plaintiff-wife a set-off against these payments based on the rental value of the marital residence because the husband remained there after the separation ...
Domestic Relations – Equitable Distribution – Unequal Division – Husband’s Mismanagement
Melson v. Crane Where the plaintiff-husband’s poor management of the defendant-wife’s investment account led to a loss of $57,503, the trial court did not err when it awarded an unequal division of marital property in favor of the wife.
Domestic Relations – Equitable Distribution – Retirement Account Division – Business Valuation – Personal Injury Settlement Classification
Curtis v. Curtis The trial court should have applied the coverture fraction (the numerator representing the number of years of marriage which occurred simultaneously with the employment which earned the pension, and the denominator representing the total years of employment during which the pension accrued) to the accrued benefits of the plaintiff-husband’s 401(k) plan, calculated as of[...]
Domestic Relations – Equitable Distribution – Valuation – Stipulation – Husband’s Business – Good Will
Lane v. Lane Even though the plaintiff-wife now contends that there was a second mortgage on the marital residence that was used to buy an automobile, the parties stipulated in the pretrial order that the fair market value of this vehicle was $6,800 and that it was to be distributed to the wife, but the parties specifically did not stipulate as to whether there was a lien on the vehicle. [...]
Domestic Relations – Equitable Distribution – Valuation – Husband’s Business
Swaney v. Swaney The valuation of the defendant-husband’s business could be based on the assumption that a covenant not to compete and an employment agreement would be included in a deal between a willing buyer and a willing seller. We affirm the trial court’s equitable distribution order, including its valuation of defendant’s business.
Domestic Relations – Equitable Distribution – Property Settlement – Reconciliation – Continued Effect
Porter v. Porter Seventeen years before the parties’ divorce, they separated, entered into a separation agreement/property settlement, and then reconciled. According to its express terms, the property settlement remains in effect and bars the defendant-wife’s equitable distribution claim.
Domestic Relations – Equitable Distribution – Valuation – Family Business – Marital Home – Post-Separation Payments
Williamson v. Williamson In finding that the parties’ family business was worth $26,500 on the date of separation, the trial court indicated that it relied on the plaintiff-husband’s valuation of the business. However, a review of the record shows that the husband did not value the company at $26,500; moreover, the husband gave conflicting testimony about the company’s value. We [...]
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