Weaver v. Weaver is an equitable distribution case. The trial court’s distribution was unequal, and granted the Wife partial interest in a non-marital asset of the Husband due to enhancement during the marriage because of the contribution of marital funds. This was error because there was no substantial, competent evidence supporting the enhancement of the […]
Tag: Case Law
Felipe v. Rincon
Felipe v. Rincon is a good reminder that certificates of service provide prima facie proof of actual service, and that actual service of pleadings is an indispensable component of due process. Here, a Default Final Judgment is set aside because the pleadings underlying it were not served, so there was no notice, even though the […]
Blevins v. Blevins
In Blevins v. Blevins, the trial court abused its discretion by granting modification based upon circumstances that were known at the time of the Final Judgment. The alleged change in circumstances was related to the distance of the Mother’s home from the child’s school, which was known at the time of the divorce. Blevins v […]
Hall v. Hall
In Hall v. Hall, the trial court denied the Husband’s motion to declare that the parties’ MSA was incomplete. The evidence presented did not support his claim of incompleteness. It appears that he was merely complaining that he made a bad deal. The fact that one party to an agreement apparently made a bad bargain […]
Dickson v. Dickson
In Dickson v. Dickson, the trial court abused its discretion by modifying the timesharing agreement without evidence that the welfare of the minor child would be promoted by the proposed change. Dickson v Dickson
Quinn v. Quinn
In Quinn v. Quinn, the amount of child support was not based upon the actual overnights granted, and thus reversal was required for a re-calculation. Quinn v Quinn
Boyd v. Boyd
In Boyd v. Boyd, the trial court erred in not calculating an amount of arrearages. Where a party concedes that not all court-ordered child support was paid, the trial court errs in failing to resolve the amount of arrearages. It was a stipulated fact that there was an accumulated arrearage but the amount was not […]
Smith v. Smith
In Smith v. Smith, the applicable date for determining whether assets and liabilities are classified as marital or nonmarital was the date of the filing of the petition for dissolution of marriage. Assets and liabilities not in existence on that date should not be classified as marital. Thus, the equitable distribution scheme that the trial […]
Drouin v. Stuber
In Drouin v. Stuber (a paternity case), the mother sought to vacate a 2011 judgment that had declared another man to be biological father despite the fact that the child had been born during an intact marriage. The appellate court reversed the order setting aside the earlier order, because it was the legal father’s rights […]
Richeson v. Richeson
According to Richeson v. Richeson, a court has no authority to partition jointly-held property in the absence of the parties’ agreement or a specific pleading requesting partition. Richeson v Richeson