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Tag Archives: unequal division

Domestic Relations – Equitable Distribution – Workers’ Compensation Judgment – Separate Debt – Unequal Division – Insufficient Findings (access required)

Allen v. Allen Even though the plaintiff-wife worked in the business that the defendant-husband started before their marriage, when an employee sought workers’ compensation benefits, the Industrial Commission found that the business’s failure to have the required insurance was the fault of the husband alone.

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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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Domestic Relations – Equitable Distribution – Unequal Division – Distributive Award – Valuation (access required)

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.

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Domestic Relations – Equitable Distribution – Classification – Corporate – Separate Property – Debt to Couple – Unequal Division (access required)

Mugno v. Mugno. (Lawyers Weekly No. 10-07-0609, 9 pp.) (Robert N. Hunter Jr., J.) Appealed from Wake County District Court. (Christine Walczyk, J.) N.C. App. Holding: A corporation partly owned by the defendant-husband was a necessary party to this equitable-distribution ...

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