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You Are Here: Postdecree Proceedings
        Restricted31. Divorce Source: Decree Modifiability Based upon Changed Financial Circumstances
(�1995) A great deal of postdivorce litigation these days centers on whether provisions in a divorce settlement or decree are modifiable based on a change in circumstances after the decree ...
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        Restricted32. Divorce Source: FRAUD AND DURESS - RELIEF FROM DIVORCE JUDGMENT
(�1995) The spouse defending against a motion for relief from judgment may be able to raise an assortment of substantive and procedural matters, such as the movants lack of due diligence and reliance, failure ...
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        Restricted33. Divorce Source: Relief from Judgment - Distirbution of Pension
(�1995) The California appeals court held that the husbands conduct, while it may have been sharp practice, did not involve extrinsic fraud so as to warrant relief from judgment. A partys representation of the ...
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        Restricted34. (�1994) Divorce Source: MARITAL HOME - HOMESTEAD EXEMPTION
In the parties 1981 divorce proceeding, the wife was awarded sole possession of the real property on which a mobile home was located. In return, the trial court ordered the wife to pay the husband $6 ...
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        Restricted35. Divorce Source: Postdissolution Problems Relating to Children
(�1994) Setoff of Child Support Overpayment Against Equitable Distribution Obligation. A former spouse who owes property settlement payments cannot satisfy that obligation by overpaying child support, accord ...
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        Restricted36. Divorce Source: REOPENING THE DECREE DUE TO ATTORNEY MISCONDUCT
(�1994) The husbands motion to vacate for fraud was properly denied because he failed to show that he had a special relationship of trust with the wifes attorney which was breached, or that the wife breached ...
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        Restricted37. Divorce Source: WORKERS' COMPENSATION AND MARITAL ASSETS
(�1994) Workers compensation benefits that compensate for loss of earnings during the marriage and for expenses paid from marital assets constitute marital property ...
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        Restricted38. Divorce Source: POST-DECREE PROCEEDINGS - ALIMONY VERSUS PROPERTY DIVISION
(�1994) The bankruptcy courts characterization of the husbands debt to wife as a marital obligation of support was limited to the bankruptcy proceeding and was not binding in divorce court ...
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        Restricted39. Divorce Source: MODIFICATION - CHANGE IN RETIREMENT BENEFITS
(�1994) In Barnes v. Shoemaker, the court addressed the question of how to handle a request for modification where the original decree does not simply give the party a percentage interest in the other spouse ...
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        Restricted40. Divorce Source: ENFORCEMENT OF MONETARY AWARD
(�1994) The trial court should have held the husband in contempt for failing to satisfy the cash property settlement because he could have made the payments by cashing in his IRA ...
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