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The Research Center
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Category Matches:
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 | 1. Divorce Source: DEBTS INCURRED DURING MARRIAGE
(�1997) Many divorcing couples owe substantial debts, ranging from secured debts such as car loans and home loans to unsecured debts such as credit card expenditures and educational loans. For these clients
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100.0%
 |
| | 2. Divorce Source: DIVISION OF STUDENT LOANS IN DIVORCE CASES
When dividing the marital estate, most states require that the courts consider the parties debts as well as their assets. In states which recognize the concept of marital and separate property, the courts generally recognize by analogy the concept of marital and separate debts. Marital debts are tho
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74.4%
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| | 3. Divorce Source: INDIVIDUAL AND MARITAL DEBTS
(�1999) The trial courts failure to mention the husbands substantial individual tax liability required remand for consideration of what effect the debt should have on the distribution of marital property and debts.
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59.0%
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| | 4. Divorce Source: CLASSIFICATION OF BUSINESS DEBTS
(�1999) Debts owed by the husbands nonmarital businesses were nonmarital even though they were personally guaranteed by him during the marriage. A spouses personal guarantee of a nonmarital debt does not
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59.0%
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| | 5. Divorce Source: CONTEMPT NONPAYMENT OF DEBTS
(�1998) This case takes the view that a former spouse may be held in contempt and confined to prison for failing to satisfy debts allocated to him in a property settlement agreement, where the agreement has
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59.0%
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| | 6. Divorce Source: Cases of Interest: Debts
Case law and analysis of divorce cases related to debts. Visit Other Cases of Interest
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56.4%
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| | 7. Divorce Source: DATE OF VALUATION OF MARITAL DEBT
IOWA: In re Marriage of Moomaw, No. 1-119/00-869 Iowa Ct. App. June 13, 2001. The husband claimed that the debts that the wife incurred after the parties separated should not have been considered as debts of the marriage.
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51.3%
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| | 8. Divorce Source: CLASSIFICATION OF DEBTS FOR UNPAID INCOME TAXES
As a general rule, income tax is a necessary expense incurred in the process of earning income. Thus, to the extent that income tax is based upon marital income, it is uniformly regarded as a marital debt. Income tax liability incurred during the marriage is one of the accepted costs of producing ma
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41.0%
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| | 9. Divorce Source: Property Division/Debts/Late Filing of Income Tax Return
The parties filed separate income tax returns during the marriage. The wife was diligent and filed her tax returns on time; the husband was not diligent and filed his tax returns late.
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38.5%
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| | 10. Divorce Source: Property Division/Debts/Interspousal Obligations
The husband borrowed money from his wife to pay child support to a former wife and to improve his separate property. Upon divorce, the trial court held that it lacked authority to order the husband to repay the loan, reasoning that the loan was a nonmarital obligation.
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38.5%
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