Post-Decree Issues

//Post-Decree Issues

DON’T JUST TAKE YOUR SPOUSES’ WORD

  Judgment of dissolution of marriage was entered.  It included the parties’ marital settlement agreement (MSA). Wife filed a petition to reopen the case.  She claimed fraud and breach of the MSA. She claimed that Husband concealed three assets worth nearly $2 million. She discovered this after the divorce took place.  She now claimed that [...]

WHEN DO YOU HAVE A RIGHT TO SUBSTITUTION OF YOUR JUDGE?

  The parties were divorced by one judge. The divorce case was assigned to a different judge for post-decree proceedings.  Wife filed a motion for substitution of judge as of right.  She had an absolute right to a change of judge. Each party gets one absolute change of judge opportunity. Wife had filed her motion [...]

By | August 10th, 2017|Post-Decree Issues|0 Comments

YOU MAY NOT BE A SPRING CHICKEN, BUT YOU CAN STILL WORK

  Husband did not work regularly for a number of years.  Husband filed for divorce. He asked for permanent maintenance from Wife. Husband had attempted suicide. Later he went through psychiatric treatment. At trial, the parties agreed to terms for Husband’s ability to work. They agreed that he is not disabled.  They also agreed that [...]

By | July 19th, 2017|Maintenance, Post-Decree Issues|0 Comments

YES, THE COURT CAN GET IT WRONG

  Wife was awarded maintenance at the time of the divorce. The trial court directed the wife to remain fully employed. She was to seek out promotions and better job opportunities. It was set for review at a future date. Husband filed a motion to terminate or reduce maintenance for the first review date.  Wife [...]

DISABILITY AND RETIREMENT INCOME-WHEN THE CART IS THE HORSE

In 1993, John and Lynette were divorced. Their agreement required John to divide his retirement benefits with Lynette. In 2004, John stopped working. He began receiving disability benefits. John refused to divide his disability benefits with Lynette. She went to court. The trial court agreed with Lynette. John appealed. The Appellate court agreed with the [...]

WELL, YOU CAN LOOK AT THE EVIDENCE IN A COUPLE OF WAYS

The Court entered judgment of divorce in 2005. The parties were married 30 years. The parties remarried in 2007. Wife again filed for divorce in 2011. In 2015, wife filed a petition to vacate the 2005 divorce judgment. She said that she had learned that husband had fraudulently concealed the sale and value of his [...]

WHY WAIT UNTIL IT IS TOO LATE TO MAKE YOUR ARGUMENT THAT THINGS ARE UNFAIR?

Court entered default judgment dissolving marriage. Husband simply did not show in court on the set date. Court entered an order that all shares of stock held by husband or his enterprises were marital property. The wife was awarded half of shares of stock. The evidence showed that husband was worth approximately $7.3 million. It [...]

MAKE SURE YOU HAVE VALID REASONS BEFORE YOU TRY TO GET OUT OF PAYING CHILD SUPPORT

The parties were divorced. The court entered an order as to one of the son’s college expenses. It said that mother would be responsible for 60% of his college expenses. Disabled father would be responsible for 40% of college expenses. later, mother filed a motion to stop her contribution to college expenses. The trial court [...]

BEST TO KEEP YOUR EYES WIDE OPEN UNTIL IT IS TIME TO CLOSE THEM

Wife and Husband signed a marital settlement agreement (MSA) and a joint-parenting agreement. Wife did not have an attorney and husband did. Wife signed an entry of her appearance in the case and waived any further notice. She just thought everything would go as she thought it would Soon after that, husband and his attorney [...]

By | March 10th, 2017|Post-Decree Issues, Property Division|0 Comments