Justia Family Law Opinion Summaries
Yochum v. Yochum
The Supreme Court affirmed in part, vacated in part, and in part reversed and remanded the judgment of the district court finding that Appellant was in contempt of court of orders contained in a divorce decree from Appellee, holding that the court erred in several respects.The district court found that for the tax years 2014 and 2019 Appellant willful violated the dependency tax exemption provisions of her marital dissolution decree and the order in modification. The Supreme Court (1) reversed the order finding Appellant in contempt for taking tax exemptions for the 2014 tax year but affirmed with respect to her filing for 2019, holding that Appellant was not in contempt of the decree when she took a dependency tax exemption for 2014; (2) vacated the award to Appellee for tax year 2014, holding that Appellee he was not harmed in 2014; (3) vacated the damages awarded to Appellee for a lost coronavirus relief payment for the 2019 tax year for lack of proof; and (4) reversed the award of attorney fees to Appellee. View "Yochum v. Yochum" on Justia Law
Bryant v. Bryant
The parties divorced in 2016. On June 3, 2020, Jennifer Bryant filed a motion in which she asked the chancellor, pursuant to Section 17 of the property settlement agreement (which was incorporated into the divorce decree) to determine which school the three minor children should attend: Hernando or Lake Cormorant. The father, Kenneth Bryant, wanted the children to go to school at Lake Cormorant because his wife, Alicia Bryant, was a teacher there. The chancellor decided that it was in the children’s best interest to go to school in the Hernando public school district. Kenneth Bryant appealed, and the Court of Appeals affirmed the chancellor’s decision. The Court of Appeals determined that the language of the property settlement agreement authorized the chancellor to reevaluate the matter and that “[a] property settlement agreement cannot deprive the court of its authority to modify support and educational needs of a child.” After review, the Mississippi Supreme Court agreed with the Court of Appeals and affirmed. View "Bryant v. Bryant" on Justia Law
Gomm v. Winterfeldt, et al.
Amy Winterfeldt appealed the denial of her request for primary residential responsibility and the granting of Bruce Gomm’s motion for modification of parenting time. Winterfeldt also filed a motion to dismiss this appeal and vacate the underlying proceedings, arguing the district court and the North Dakota Supreme Court lacked subject matter jurisdiction because Gomm failed to properly register the existing foreign orders in North Dakota. The North Dakota Supreme Court denied the motion to dismiss and affirmed the district court. View "Gomm v. Winterfeldt, et al." on Justia Law
T.M. v. DeWine
Child foster care systems in this country are administered by state governments. The federal government reimburses states for “foster care maintenance payments” that the state makes to certified foster caregivers who meet federal-eligibility requirements. In Ohio, there are also foster caregivers (typically relatives) whom the state does not certify as meeting those federal requirements. Ohio withholds payments for those caregivers and provides these non-certified caregivers with less generous payments through a separate state program. The plaintiffs, foster caregivers whom Ohio has considered ineligible to receive the higher foster care maintenance payments, sued. The district court dismissed, finding that the caregivers did not have to meet the same licensing standards as licensed caregivers in Ohio and thus were not “foster family homes” as required by federal law.The Sixth Circuit affirmed. Title IV-E of the Social Security Act, 42 U.S.C. 671 (a), requires that all foster family homes eligible for payments under federal law meet the same licensing standards; the plaintiffs are subject to different standards than “licensed” caregivers are not “foster family home,” and are not eligible for the higher payments. View "T.M. v. DeWine" on Justia Law
Laubach v. Laubach
After appellant Paul Laubach (father), and the appellee Maria Laubach (mother) divorced, the mother sought approval from the trial court to move across the state with their children. The father objected. Among the numerous orders issued by the trial court in this case was a minute order filed April 17, 2018. After the father's appeal culminated in two consolidated cases, the Oklahoma Court of Civil Appeals dismissed a portion of the appeals when it held that the April 17, 2018, minute order was an appealable order which was appealed out of time. Consequently, it dismissed the portion of the father's appeals which transpired from that order. The Oklahoma Supreme Court granted certiorari for the limited purpose of addressing whether written instruments titled "court minute," "minute order," "minute," or "summary order," could ever serve as an appealable order, so as to trigger the time to appeal. To this, the Court held that they did not. Consequently, the Supreme Court vacated the Court of Civil Appeals opinion, and remanded this case to the Court of Civil Appeals for further proceedings. View "Laubach v. Laubach" on Justia Law
Kelly v. Kelly
Brandon and Brandi Kelly married on April 20, 2015, and had a child on June 9, 2015. Brandon filed for divorce on May 30, 2017. This appeal primarily concerned their disputes regarding the division of property and attorney fees. Prior to marriage, Brandon and Brandi entered into a prenuptial agreement (“the PNA”) seeking to establish their rights to various items of property. Brandi and Brandon were represented by separate counsel during the negotiation and execution of the PNA. Before signing the PNA, Brandi reviewed Brandon’s 2014 tax return. Brandi’s attorney requested changes to the PNA’s definitions of separate and community property, which were made. Brandi expressly waived her right to review other financial documentation concerning Brandon’s assets and signed the PNA. During the pendency of the divorce action, and relevant to this appeal, Brandon filed four motions for partial summary judgment and Brandi filed two motions for partial summary judgment, each of which required interpretation of various provisions of the PNA. After review, the Idaho Supreme Court affirmed in part, and reversed in part, certain district court decisions with respect to the parties' PNA. The Supreme Court found the district court erred (1) in affirming the magistrate court’s decision that the PNA barred Brandi from requesting attorney fees for child custody, visitation and support matters; (2) in affirming the magistrate court’s summary judgment decision concluding that Brandon’s payments from EIRMC were his separate property; and (3) when it failed to vacate the award of attorney fees to Brandon for his contempt motions, but did not err when it affirmed the magistrate court’s other deductions from Brandi’s separate property award. View "Kelly v. Kelly" on Justia Law
In re Baby Girl M.
Appellant appealed from juvenile dependency jurisdiction and disposition orders concerning his daughter. The juvenile court removed Daughter from her parents’ custody; ordered Daughter suitably placed; denied Mother reunification services pursuant to Welfare and Institutions Code section 361.5, subdivisions (b)(10)-(11); and granted reunification services for Father. Father appealed the jurisdiction findings and disposition order. The sole issue raised in his opening brief was whether the Los Angeles County Department of Children and Family Services (the Department) complied with its obligations under the Indian Child Welfare Act (ICWA) and related California law. The Second Appellate District dismissed the appeal finding that it is moot. The court explained that two courts have recently held—in appeals from orders terminating parental rights—that additional ICWA-related inquiry or notice efforts by a juvenile court or child welfare agency while a case is on appeal will not moot deficiencies in an ICWA inquiry at the time a notice of appeal is filed. However, the opinions do not concern the procedural posture here: an ICWA appeal at the jurisdiction and disposition stage where there will necessarily be further dependency proceedings in the juvenile court (at which continuing ICWA duties apply) and a basis for a later appeal if for some reason the remedial ICWA investigation the Department is now undertaking falls short in Father’s view. The juvenile court must direct that process, at least in the first instance. View "In re Baby Girl M." on Justia Law
In re Marriage of Pooley
The Supreme Court reversed the judgment of the court of appeals affirming the judgment of the district court rejecting Wife's action against Husband seeking half of his retirement account or, alternatively, an equitable portion of the account, holding that the parties' omission of their largest asset from the dissolution decree made it impossible for the district court to determine whether the settlement was equitable.After the parties' marriage was dissolved through a joint petition for marriage dissolution Wife filed this action seeking half of Husband's retirement account. In objecting, Husband argued that he and Wife had intentionally omitted his retirement account from their joint petition pursuant to an unwritten side agreement. The district court concluded that the relief Wife sought was beyond the scope of a ** proper enforcement of clarification order and was time-barred to the extent it sought to reopen the decree. The court of appeals affirmed. The Supreme Court reversed, holding (1) district courts have the power to address omitted assets that fall outside the scope of the grounds set forth in Minn. Stat. 518.145, subd. 2 for reopening a dissolution decree; and (2) the parties' omission from the decree of their largest asset rendered it impossible for the district court to determine whether the settlement was equitable. View "In re Marriage of Pooley" on Justia Law
In re R.O.
Without notice to appellant A.I. (mother of the minor R.O.), the juvenile court followed its usual practice of converting what was scheduled as a contested jurisdictional confirmation hearing into an uncontested jurisdictional hearing because mother did not appear as ordered. It did so over mother’s counsel’s objection. The Court of Appeal concluded this routine practice denied mother her due process rights. The Court therefore reversed and remanded the matter for a new jurisdictional hearing. View "In re R.O." on Justia Law
In re Marriage of Frank
The Supreme Court affirmed in part and reversed in part the order of the district court distributing the marital estate and calculating child support upon the dissolution of Wife's marriage from Husband, holding that while the district court committed some errors, Wife failed to demonstrate that a new trial was required.Specifically, the Supreme Court held (1) the marital estate included Wife's interests in her family business and Husband's retirement earnings up to the date of the parties' dissolution; (2) the district court did not abuse its discretion calculating child support; and (3) Wife did not demonstrate that the errors committed by the district court in this case were due to the district court's adoption of Husband's proposed findings of fact and conclusions of law such that they require a new trial. View "In re Marriage of Frank" on Justia Law