Postdecree Proceedings
SOUTH DAKOTA: Duran v. Duran, 657 N.W.2d 692 (S.D. 2003).
The parties stipulated that the husband would pay the wife $206,000 for her marital interest in his stock plan and an additional $38,000 from the plan as his share of the marital debt. Unfortunately, the plan held stock in Enron. Because the $206,000 represented the wife's interest in the plan, that amount lost value along with the plan itself when the Enron stock declined in value. Because the $38,000 was payment of the marital debt and not an ownership in the plan, the wife's right to that amount remained constant despite the plan's loss of value.
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NEBRASKA: Davis v. Davis, 265 Neb. 790, 660 N.W.2d 162 (2003).
The trial court erred by holding that it lacked jurisdiction over a motion for a money judgment equal to the amount of marital debt assigned to the wife, but paid by the husband. The court likewise erred by holding that it lacked jurisdiction over a motion for a money judgment equal to the amount of personal property assigned to the husband, but retained improperly by the wife. Both motions asked the court only to enforce the decree, not to improperly modify its substantive provisions. Where both parties owed sums to each other for failing to follow the court's property division order, and the wife owed back child support to the husband, the amounts owed were properly offset.
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