In Re Marriage of Maley
Asset and its income stream may not be counted both as an asset in the property division and as part of the payor’s income from which support is paid.
In Re Marriage of Olski v. Olski
Retirement benefit cannot be double counted, but increases because of post-divorce employment is available for post-divorce maintenance.
In Re Marriage of Cook v. Cook
A rule against “double-counting” does not bar consideration of a military pension both as property in the property division and as income in calculating child support.
In Re Marriage of Cook v. Cook
A rule against “double-counting” does not bar consideration of a military pension both as property in the property division and as income in calculating child support.
In Re Marriage of Seidlitz v. Seidlitz
Court’s refusal to double count pension income awarded to wife was proper. The payments to wife represent the payout of the asset itself.
In Re Marriage of Hokin v. Hokin
No absolute rule against double counting. Here, the trial court properly exercised discretion in counting the monthly retirement benefits as income to the wife given the husband’s age.
In Re Marriage of Wettstaedt v. Wettstaedt
When an employee-spouse’s pension is divided by QDRO, and no value is assigned to either spouse’s interest to be offset by other property awarded in the property division, a family court is not prohibited by the “double-counting” rule from considering pension distributions in determining maintenance.
In Re Marriage of Weiler v. Boerner
There is no absolute rule against double counting, so trial court did not wrongly count the value of the enhanced education benefit for the purpose of property division and maintenance.
McReath v. McReath
Circuit court did not double count the professional goodwill in its maintenance award since husband had the option of continuing to generate income form his orthodontic practice without diminishing its value.
Johnson v. Miller
Injunction was properly ordered where evidence provided adequate foundation that husband might engage in domestic abuse due to long history of past violence and violent conduct. Stepdaughter had legal interest in former marital residence, conveyed by a lease and husband was properly subject to restraining order.