In Re Paternity of S.A.
FCC may intervene in post-judgment custody modification stipulation.
Nehls v. Nehls
By consenting to the entry of an order by the FCC, father waived his right to a de novo hearing before the FCC.
Plachta v. Plachta
Appreciated value of gift or inherited property not subject to division unless hardship is shown. Burden of proof to show hardship is on nonowning spouse. Failure to divide separate property could cause a hardship when the nonowning spouse contributes to the property’s increased value.
In Re Marriage of Schwegler v. Schwegler
Amount of appreciation due to general economic conditions accrue to the gift; any amount due to contributions by the non-owning spouse is to be included in the marital estate.
In Re Marriage of Haldemann v. Haldemann
Increase in value of separate corporation due to marital efforts is part of the marital estate. Where the appreciation of the separate property is due to the efforts and abilities of the marital partnership, it is active appreciation and is divisible.
In Re Marriage of Schorer v. Schorer
Increase in value of separate corporation due to marital efforts is part of the marital estate. Where the appreciation of the separate property is due to the efforts and abilities of the marital partnership, it is active appreciation and is divisible.
In Re Estate of Kobylski
Multiple issues. See full summary.
In Re Marriage of Friebel v. Friebel
Gift and appreciation in value that is due to general economic conditions where non-owning spouse does not contribute to the appreciation in value is exempt from division.
In Re Marriage of Metz v. Keener
Retained earnings of subchapter S corporation, over which wife had full ownership, is income and not appreciation, so court properly included it in the marital estate.
In Re Marriage of Ayres v. Ayres
Court properly found that the appreciate value of gifted shares of stock resulted from “the general accumulation efforts of previous generations and general market conditions” and were therefore nonmarital.