MARITAL: Alleged PMA properly found unenforceable and unconscionable, property equitably divided including award of parcel to intervenor son… Eddy affirmed (memorandum). [Read more…]
Marital, maintenance Decree/QDRO modification
MARITAL: Maintenance in Decree and QDRO properly modified based on mistake, changed circumstances… maintenance arrearages erroneously calculated… Lympus affirmed, reversed. [Read more…]
Marital, “domiciled 90 days” jurisdictional defect
MARITAL: Any jurisdictional defect of wife not being domiciled in Montana for 90 days preceding her petition was cured when she established domicile for 90 days and filed a “supplemental pleading” alleging such (1st impression)… Lympus affirmed. [Read more…]
Discrimination, oil rig operator, learning disability
DISCRIMINATION: Original $36,405 to oil rig operator with learning disability for failure to help with paperwork properly [Read more…]
Marital, common law marriage
MARITAL: Common law marriage correctly found… Prezeau affirmed (IOR I-3(d)(v)). [Read more…]
Disability, $178,546.33 on remand from $36,406
DISABILITY: Original award of $36,405 to oil rig operator with learning disability for failure to help with paperwork increased on remand from HRC to $178,546.33 including damages for [Read more…]
Marital, post-appeal rulings, farm properties
MARITAL: Rulings by Stadler following first appeal of decree dividing farms affirmed… (IOR I-3(d)(v)). [Read more…]
Marital, due process, support increase
MARITAL: Father afforded procedural due process as to supplemental financial information in support modification proceeding… sufficient evidence to support findings adopted verbatim from mother’s proposed findings… support properly raised from $225 to $837/mo… fees below, not on appeal… Lympus affirmed (IOR I-3(d)(v)). [Read more…]
Marital, custody, property, support
MARITAL: Sole custody to father, supervised visitation by mother, proper in light of mother’s overzealous pursuit of Lyme disease treatment for children, refusal to work with those who disagree with her medical assessments… estate properly equitably divided… insufficient evidence for imputing $52,000 income to wife with 2-year nursing degree who had not worked for decade… Lympus affirmed, reversed. [Read more…]
Discrimination, Hispanic teacher termination
DISCRIMINATION: No prima facie disparate treatment of terminated Hispanic teacher… Curtis. [Read more…]