MARITAL: Parenting plan with mother who moved to Nevada affirmed… Gilbert affirmed. [Read more…]
Judicial admission, divorce house appraisals
JUDICIAL ADMISSION: Husband’s sketchy recollection of house appraisals in prior divorce hearing not sufficient to preclude evidence of value of house as directed by remand… Krueger reversed. [Read more…]
Marital, sua sponte award more than requested
MARITAL: Wife improperly sua sponte awarded more than requested in default divorce without notice to husband… Krueger reversed. [Read more…]
Procedure, appeal of standing master’s f&c
PROCEDURE: Appeal to this Court of standing master’s findings & conclusions not ripe absent objections within 10 days, final decision by District Court… standing masters, special masters distinguished… opinion & order. [Read more…]
Marital, “child support”/property settlement
MARITAL: “Child support” obligation correctly found to be form of property settlement not subject to modification in light of circumstances/context of settlement… wife judicially estopped from invalidating stipulation amending support and lump sum payments… Gustafson affirmed. [Read more…]
Marital, parenting plan amendment
MARITAL: Parenting plan properly amended based on changed circumstances, deference properly given to children’s wishes, other factors, partly based on parenting plan coordinator’s report… Tucker affirmed. [Read more…]
Marital, property in lieu of maintenance, fees
MARITAL: Property properly awarded in lieu of maintenance… fees properly denied to wife… Salvagni affirmed (IOR I-3(d)). [Read more…]
Marital, NC custody, retirement account taxes
MARITAL: Wife properly allowed custody in NC during school year rather than Bozeman as sought by husband… wife’s retirement properly valued at time of separation… tax implications of early withdrawal from wife’s retirement account for equitable distribution overlooked, remanded… post-decree interest not improper but may be re-visited on remand… J. Brown affirmed, reversed. [Read more…]
Counsel withdrawal, day of trial, continuance
COUNSEL WITHDRAWAL: Continuance properly denied after fired counsel formally withdrew 1st day of trial in light of unique circumstances and compensation to divorce party… H. Brown affirmed. [Read more…]