Underemployment & Child Support

Sharon Sitz and William Sitz were married for 16 years until Sharon sued William for divorce. The court awarded her a divorce on the ground of inappropriate marital conduct and adopted her proposed parenting plan. This made her the primary residential parent of their minor child and divided the marital property. Furthermore, the court determined that the husband was voluntarily underemployed and imputed additional income him in order to calculate his child support obligation.

To read the case in detail, click here.

Child Custody and Property Division

In the case of Terri Ann Kelly v. Willard Reed Kelly, Terri Ann Kelly ("Wife") was awarded 1000% of the marital assets by the Trial Court. She had sued Willard Reed Kelly ("Husband") for divorce after 18 years of marriage and was awarded custody of the parties' son, Will. She was also awarded attorney's fees. The Court of Appeals, though, modified the Trial Court's division of the marital estate and alimony to Wife, giving her 300%.

The full case can be found here.

The Defense of Marriage Act Breaking News

Today, the United States issued a ruling in the case of United States v. Windsor that could have similar historical significance as cases like Roe v. Wade and Brown v. Board of Education.  The Supreme Court held that The Defense of Marriage Act’s (DOMA) definition of “marriage”  which is defined as “only a legal union between one man and one woman as husband and wife” to be unconstitutional under the Fifth Amendment of the Constitution.  This is an obvious victory for the Gay and Lesbian Community; however, it is also a huge win for supporters of the Tenth Amendment.  The Supreme Court, in a dramatic deviation from recent precedent, found same sex marriage to be a state issue, rather than a federal one.  The Windsor case, in essence, has upheld the individual States’ right to define marriage as it and its residents see fit, without the overbearing eye of the federal government to intervene.  The Supreme Court’s opinion provides a detailed history of the State’s authority over domestic relations and how the DOMA violates the due process rights of same sex couples.  Regardless of what side you are on, this case will have lasting historical significance for future generations.  The full opinion can be found here, http://www.kingplc.com/United%20States%20v.%20Windsor.pdf

The Haggard Case

The Haggard case is a good example of the Court making an equitable division of marital property. The Court even corrected itself on a Motion to Alter or Amend to get an equitable division. This is also an example of the Court being big enough to admit it made a mistake. 

After the trial court entered a final decree of divorce, the wife filed a motion to alter or amend, seeking a modification of the division of marital property. The trial court granted the motion to alter or amend, stating that the court was operating under a misconception concerning the wife’s position at trial, which rendered the division of marital property inequitable. The court awarded an asset previously awarded to the husband to the wife instead. Husband appeals. We affirm...read the full case here.