Category Archives: Family Law

OCIAL SECURITY BENEFITS RECEIVED POST-DIVORCE WAIVED IN MDA; ATTORNEYS FEES GRANTED FOR ENFORCEMENT OF MDA

Facts: The parties married in 1998 and divorced in 2011. An MDA was filed and incorporated in to the parties’ divorce decree. Though the parties were divorced, they maintained a joint bank account. In 2013, Husband received social security benefits equaling $52,422.90, which was deposited in to the joint bank account. Wife withdrew $25,000 of

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CHILD ALLOWED TO KEEP MOTHER’S LAST NAME IN THE CASE OF UNMARRIED PARENTS

FACTS: An Agreed Order was entered in June of 2014 establishing paternity and setting Father’s child support payments. At the hearing, Father presented an oral motion to change the child’s surname to his surname from Mother’, which was granted. The court noted several grounds for changing the child’s name, including fathers “substantial” contact with the

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ALIMONY TERMINATED IN LIGHT OF VOLUNTARY RETIREMENT DUE TO HEALTH CONCERNS

In the case of Odom v. Odom, (No. E2014-01049-COA-R3-CV, filed April 14, 2015), Husband appeals the Trial Court’s judgment, which failed to terminate Wife’s alimony payment due to Husband’s retirement. Facts After 37 years of marriage, Husband and Wife divorced in 2007. The court split their assets mostly equally and granted Wife $10,000 per month

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MOTION TO CLARIFY PARENTING PLAN MUST REST ON RECORD ALONE OR EVIDENTIARY HEARING REQUIRED

In the case of Howard v. Halford (No. E2014-00002-COA-R3-JV. Dec 22, 2014), The Court of Appeals reviews the Trial Court’s motion to clarify the requirements of the residential co-parenting schedule as laid out in the permanent parenting plan. The Court entered the permanent parenting plan in January of 2013. Mother was named as the primary

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