Ulrich v. Zemke
Trial court erred by applying unjust enrichment claim to each parcel of land rather than considering the overall scope of the joint enterprise.
In Re Marriage of Woodard v. Woodard
Trial court had no authority to order a financial judgment for cohabitating parties where the only action pled and litigated was whether one party had any interest. The court’s only authority was to partition the property. (Not published, but citable)
Jahimiak v. Long
Trial court had no authority to order a financial judgment for cohabitating parties where the only action pled and litigated was whether one party had any interest. The court’s only authority was to partition the property. (Not published, but citable)
Articles on Child Support Modifications
Books and articles related to buy/sell agreements in divorce cases.
Poehnelt v. Poehnelt
Change in cost of living is sufficient change of circumstances to modify child support.
Sommer v. Sommer
(1) Personal Injury damage award can be considered in determining modification of child support. (2) Court should look to needs of children and income of parents (best interests of kids inherent in “need” – not a separate category.
In Re Marriage of Tozer v. Tozer
Remarriage and quitting military career are changes in circumstances, but do not warrant modification of support.
In Re Marriage of Strawser v. Strawser
Nunc pro tunc orders are only to correct mechanical mistakes – a court cannot retroactively grant or increase support.
Marriage of Pergolski v. Pergolski
Automatic reduction in child support for every mile mother moves is abuse of discretion – court must find actual fiscal impact.
In Re Marriage of Burger v. Burger
(1) New spouse’s income does not count for child support. (2) Increased age of kids is substantial change in circumstances. (3) Custodial parent’s income is irrelevant in determining need or ability to pay percentage standards – paying parent’s income is sole relevant factor to be considered. (4) Social Security benefits paid to kids when father was disabled do not replace child support, but are a separate benefit. (5) Modification of child support can only be made where there has been a substantial change of circumstances.