Tag

Maintenance
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Andrews v. Andrews Fayette County Circuit Court The parties were divorced in 2015, and their settlement agreement was incorporated into the decree of dissolution. The settlement agreement provided that Husband would pay Wife $4,000 per month in maintenance. Husband unilaterally reduced his payments to $1,000 after a decrease in his pay. Wife filed a motion...
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Wattenberger v. Wattenberger   Trial Court ordered the parties’ marital home to be sold to compensate former wife for her maintenance claim, with the net proceeds of the sale divided 65% to former wife and 35% to former husband. The record lacked an appraisal or valuation of the property and no findings were made to...
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NORMANDIN V. NORMANDIN Husband and Wife divorced and the family court entered an order on child support, maintenance, and property division. Wife appealed challenging the family court’s conclusions of law on a number of issues. Wife first argued that the trial court erred in failing to make adequate findings and by considering the nonmarital inheritance...
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DIXON V. DIXON Parties entered into a marital settlement agreement requiring husband to make payments for maintenance and child support. Instead, husband paid wife’s mortgage which was in excess of his child support and maintenance obligations. Wife objected but did not request a hearing on the issue for two years, which was more than a...
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JUDE WEBER V. THOMAS FRANCIS LAMBE The trial court awarded maintenance based on its finding that Wife’s reasonable living expenses totaled $5,800 monthly, including $1,440 of the children’s living expenses. Accordingly, Husband was ordered to pay maintenance. Husband was also ordered to pay an additional $15,000 for wife’s attorney fees based on an imbalance in...
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GRASCH v. GRASCH Husband, an attorney, and Wife, who managed his law firm, divorced after a thirty year marriage. After four years of litigation, the parties appealed and cross appealed numerous issues for the Appellate Court to review. Contingency Fees The first issue the Appellate Court addresses is whether contingency fee cases are marital property...
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BOOTES V. BOOTES Wife argued that the Trial Court erred by failing to include Husband’s income from a second business in its child support calculation. Husband ran a second business and gifted all his proceeds to his father. The Appellate Court held that the Trial Court erred by excluding the income from its child support...
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MCVICKER V. MCVICKER At trial, husband made several nonmarital claims, and argued for a 70/30 split of marital property in his favor, since he cared for the parties adult disabled child. The Family Court found that Husband had nonmarital claims in the home and in a Morgan Stanley account. It also split the parties’ marital...
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Lambe v. Weber The Appellate Court first addresses maintenance, holding that income should not be imputed to a spouse when her underemployment is not voluntary. In this case, the child’s medical needs prevented the mother from working.
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Middleton v. Middleton Interesting 50 page opinion and dissent addressing characterization of distributions from family trust, nonmarital tracing and standard of proof, division of marital personalty, assignment of debt, attorney fees and costs.
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