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Domestic Relations: Child Support-Emancipation-Expert Testimony
(1) Where a father challenged a judgment modifying an original dissolution decree, the trial court erred in striking expert testimony on the son’s employability and emancipation, so the appellate court exercised its discretion to render the appropriate judgment, finding that the son was not employable and should not be emancipated for child support purposes. (2) […]
Domestic Relations: Child Support-Modification-Child Custody
Where a father challenged a judgment altering visitation provisions and increasing his child-support obligation, the father did not show prejudice from the admission of a court-ordered psychological examination because substantial evidence supported the finding that unsupervised visitation would endanger the children’s physical health or emotional development, and the trial court did not err in [...]
Family Law: Child Custody-Child Support-Required Findings
Where a father challenged a trial court’s judgment granting in part and denying in part his motion to modify child custody and support, the trial court failed to make the statutorily required findings, so the judgment is reversed and remanded. Judgment is reversed and remanded. T.J.E. v. M.R.M. (MLW No. 74406/Case No. ED107697 – 10 […]
Domestic Relations: Joint Custody-Child Support-Monthly Income Calculation
Where a father involved in a dissolution challenged the denial of joint legal custody as well as the calculation and retroactive payment of child support, the trial court found that the father voluntarily stepped out of the older children’s lives and demonstrated a lack of empathy for the youngest child, and the father failed to […]
Domestic Relations: Paternity-Child Support
Mother appealed from the trial court’s judgment that granted father sole legal and physical custody of the parties’ child, with mother having visitation, in addition to awarding father child support and ordering mother to pay father’s attorneys’ fees and a portion of the guardian ad litem fees. Although the grant of sole legal and physical […]
Domestic Relations: Child Support-Modification-Increased Income
Where a father challenged the denial of his motion to modify child support, which was based on the mother’s increased income, the trial court did not err in denying the motion because there was not a substantial and continuing change of circumstances, and the court did not abuse its discretion in awarding the mother less […]
Domestic Relations: Child Custody-Child Support
Where mother challenged a judgment entered on a motion to modify the decree of dissolution and the father cross-appealed, the trial court properly found sufficient evidence of a substantial change in circumstances to warrant an award of sole legal custody to the father, and the court did not err in ordering the mother to pay […]
Domestic Relations: Child Support-Emancipation-Deposition of Child
Where a father who argued that he was exempt from paying child support challenged a trial court’s denial of his motion to take depositions of his daughter and a detective and also challenged the court’s determination that the child was not emancipated, the child’s allegations of sexual assault against the father were not sufficient to […]
Domestic Relations: Child Support-Emancipation-Income Disparity
Where a mother challenged a trial court’s decision awarding child custody and visitation and eliminating child support for one child, the record lacked sufficient evidence regarding the oldest child’s education to support the finding of emancipation, so the judgment is reversed in part to modify the father’s child-support obligation, but the trial court did not […]
Domestic Relations: Child Support-Marital Property-Distribution
Where a mother involved in a dissolution challenged the orders for child support and the distribution of marital property, the trial court erred in reducing the child-support obligation because the child-support start date predated the filing of her petition and purported to alter a separate final judgment, but the court did not abuse its discretion […]
Domestic Relations: Child Support-Form 14-Child Custody
Where a mother challenged a trial court’s modification of child support and the denial of a physical-custody modification, the modification of support is reversed and remanded because the court used an incorrect Form 14, but the court did not err in finding that there was no substantial change to support a modification of custody. Judgment […]
Domestic Relations: Maintenance-Child Support-Deferred-Compensation Plan
Where a husband challenged a trial court’s denial of his motion to modify or terminate maintenance, the court did not err because the wife could not meet her reasonable needs despite her increased income, but the judgment is reversed in part because the court erred in calculating child support because the father’s contributions to a […]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
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