MIRANDA V. MIRANDA This matter came before the Court on two separate appeals involving the same parties. The facts of the first appeal concern the marital residence. Pursuant to the parties’ Marital Settlement Agreement, Husband was to pay Wife $15,000.00 after he refinanced the marital home within 90 days. The agreement separately stated that if...Read More
CALLIHAN V. CALLIHAN During the marriage Husband obtained a loan from PNC Bank for his business which wife signed as a guarantor. The parties subsequently entered into a Marital Settlement Agreement which provided each party would be responsible for debt solely in their name and Husband would hold harmless and indemnify Wife for business any...Read More
TRIMBLE V. TRIMBLE During the marriage, Wife paid Husband’s credit card debt. After the divorce was granted, but before the trial court entered an order regarding the division of assets, Husband filed Chapter 7 bankruptcy. His debts were discharged in bankruptcy. Subsequently, the trial court ordered Husband to pay Wife back for her payment of...Read More
Middleton v. Middleton Interesting 50 page opinion and dissent addressing characterization of distributions from family trust, nonmarital tracing and standard of proof, division of marital personalty, assignment of debt, attorney fees and costs.Read More
Fortwengler v. Fortwengler, 2011-CA-0018933-MR and 2011-CA-002077-MR Published: Affirming County: Jefferson Ex-Husband appealed FC’s order terminating his garnishment of maintenance payments to Wife for satisfaction of debt to Ex-Husband’s father as well as FC’s order denying Ex-Husband’s parents’ motion to be joined as parties to the dissolution action in order to collect the debt. FACTS:Read More
Rice v. Rice, No. 2009-SC-000730-DG on review of COA No. 2008-CA-000715-MR and 2008-CA-000716-MR Published: Opinion Reversing County: Greenup Read More
Rice v. Rice, division of debt. Credit card debt incurred solely by husband and adult son, without wife's knowledge and in which she did not benefit was improperly assigned to her. Digest to followRead More
