Justia Family Law Opinion Summaries

In this divorce matter, the parties agreed to divide the husband’s retirement benefit based on its present value and implemented the division with a Qualified Domestic Relations Order (QDRO). In 2014, after the husband received an updated benefit projection that calculated the wife’s share of the benefit using his salary at retirement instead of at divorce, he sought to modify the QDRO. He asked the court to require that her benefit be based upon the same salary data used in a 2006 calculation. The superior court denied the motion. Because the settlement did not contain clear language establishing the use of the earlier salary the Alaska Supreme Court affirmed the superior court's judgment. View "Thomson v. Thomson" on Justia Law

Lisa Reasner suffered years of sexual abuse while in foster care and after the Office of Children’s Services (OCS) approved her adoption. Years later, Reasner sued OCS after discovering that OCS might have played a role in allowing her abuse. The superior court concluded that Reasner’s claims were untimely and granted summary judgment in favor of OCS. The Alaska Supreme Court reversed and remanded. The Court found the superior court erred in granting summary judgment to OCS based on the statute of limitations because it found a genuine issue of material facts existed as to when Reasner's claims accrued. The Court found Reasner's remaining claims could have withstood summary judgment. View "Reasner v. Dept. of Health & Social Services" on Justia Law

In this divorce matter, at the conclusion of trial, the wife physically assaulted husband's attorney. The incident led to criminal charges, and the judge presiding over the divorce testified in the criminal case as a witness. The judge still presided over the divorce matter when wife made motions to reopen the case and redistribute the marital property. She appealed when the superior court denied these motions, arguing the judge should have recused herself after witnessing the assault in the courtroom and later testifying about it. The Alaska Supreme Court concluded the superior court did not abuse its discretion in any of the challenged rulings and affirmed. View "Johnson v. Johnson" on Justia Law

A district court's contempt decision will only be disturbed on appeal if the court abused its discretion. A denial of a motion for reconsideration will not be reversed on appeal absent a manifest abuse of discretion. Mark and Kayla Rath were divorced in January 2013. The divorce judgment awarded Kayla primary residential responsibility of the couple's two minor children, with Mark receiving supervised parenting time. Mark appealed orders denying his motions for recusal, for an order to show cause, and for reconsideration, and from orders denying his demands for change of judge in child support modification proceedings. The North Dakota Supreme Court concluded he waived his issues on appeal regarding recusal and the orders denying his demands for change of judge were interlocutory and not appealable. The Court further concluded the district court did not abuse its discretion in denying his motion seeking to hold Kayla in contempt and motion to reconsider. View "Rath v. Rath" on Justia Law

Section 25-03.1-18.1(1)(a), N.D.C.C., does not require both treating and non-treating physicians to testify at a medication hearing addressing a request to involuntarily treat with medication. M.G. appealed a district court's order authorizing involuntary treatment with prescribed medication. F.M.G. argued the district court erred in granting the request to treat her with prescribed medications, because the proper medical providers did not testify at the hearing under N.D.C.C. 25-03.1-18.1(1)(a), and the mandatory certification requirements under N.D.C.C. 25-03.1-18.1(1)(a)(2) were not met. After review, the North Dakota Supreme Court concluded N.D.C.C. 25-03.1-18.1(1)(a) did not require both treating and non-treating physicians to testify at the hearing, and F.M.G. did not adequately raise the issue of whether the form used to request involuntary treatment with medication met the certification requirements under N.D.C.C. 25-03.1-18.1(1)(a)(2) before the district court. Therefore, the Supreme Court affirmed the district court's order. View "Interest of F.M.G." on Justia Law

While a long-term marriage generally supports an equal division of property, a court may unequally divide property in a short-term marriage and award the parties what each brought into the marriage. If the district court fails to comply with the child support guidelines in determining an obligor's child support obligation, the court errs as a matter of law. Angela Allmon appealed a judgment granting her a divorce from Aaron Allmon, granting her primary residential responsibility for their child, ordering him to pay child support, and distributing their marital property. The North Dakota Supreme Court affirmed in part, but reversed the child support award and remanded for the district court to correctly apply the Child Support Guidelines. View "Allmon v. Allmon" on Justia Law

As part of marital dissolution proceedings, appellant Valerie Grissom sought a domestic violence restraining order against her husband, respondent Louis Grissom. The trial court denied the request. On appeal, Valerie contended the court erred by concluding that because her injuries were suffered during and as a result of physical confrontations she instigated, they did not constitute " 'abuse' " within the meaning of Family Code section 6203. The Court of Appeal found that although section 6203 defined abuse to include an intentionally or recklessly caused bodily injury to the complainant, a finding of abuse was not mandated merely because the complainant shows he or she suffered an injury caused by the other party. The Court concluded the trial court properly recognized that a person who responded reasonably to an aggressor in this way did not commit abuse within the meaning of section 6203. View "Marriage of Grissom" on Justia Law

Samuel J. Stoorman & Associates, P.C. represented Kristy Casagranda (“Wife”) during dissolution proceedings against her then-husband Brian Todd Dixon (“Husband”). The Firm asserted a charging lien for its fees under Colorado’s attorney’s lien statute against assets the court awarded to Wife during the divorce and obtained a court order recognizing that lien. The firm later filed a motion for an entry of judgment enforcing its charging lien against maintenance payments Husband owed to Wife, seeking to have Husband redirect those payments to the Firm. The trial court denied the motion, concluding that an attorney’s charging lien could not attach to a maintenance award. The court of appeals affirmed. Because the attorney’s lien statute’s plain language provided that a charging lien attached to any judgment that an attorney helps a client obtain, the Colorado Supreme Court reversed. View "Stoorman v. Dixon" on Justia Law

In 2011, Petitioner Scott Foster’s former wife, Bronwen Foster (“Wife”), filed for dissolution of marriage and hired attorney John Plock to represent her. As part of the dissolution proceedings, the trial court ordered a parental responsibilities evaluation (“PRE”). The PRE was performed by Dr. Andrew Loizeaux. A second PRE was subsequently conducted by Dr. Edward Budd. Neither evaluation was favorable to Foster. The PREs were confidential and were not to be “made available for public inspection” without an order of the court. Foster was found guilty of violating a protection order issued in the dissolution proceedings. A deputy district attorney prosecuting the protection order matter filed the PREs with the criminal court for use in sentencing. Plock filed a motion in the dissolution proceedings, admitting that he had disclosed the PREs to the deputy district attorney. While the dissolution of marriage proceeding and the criminal cases were pending, Foster filed eleven separate lawsuits against those involved in the PRE process conducted by Dr. Loizeaux. Wife was named as a defendant, but Plock was not. The lawsuits alleged various claims, including defamation and outrageous conduct. The eleven cases were consolidated into one case. The defendants each moved to dismiss the case. Foster subsequently amended his complaints. In Foster’s amended complaint against Wife, he alleged among other things that she, through her attorney, caused both of the PREs to be disclosed in the criminal case. The issue this case presented for the Colorado Supreme Court’s review centered on whether mutuality was a necessary element of defensive claim preclusion. Multiple divisions of the court of appeals concluded that mutuality need not be established for the defensive use of claim preclusion, but the Supreme Court disagreed, instead concluding that mutuality was a necessary element of defensive claim preclusion. The Court also concluded that mutuality existed in this case, as did the remaining elements of claim preclusion, and therefore affirmed the judgment of the court of appeals on other grounds. View "Foster v. Plock" on Justia Law

A maternal great-grandmother and a maternal step great grandfather appealed after a circuit court dismissed their petition for visitation with their minor great-grandchild. The circuit court found, and the New Hampshire Supreme Court agreed, that the great-grandparents lacked standing to bring suit. View "Petition of Willeke" on Justia Law