Cases Flashcards
Irving
Gilbert married his pen pal of ten years from the Philippines after hearing that she had miscarried his child after a visit there. Once in the states, she had trouble conceiving and he filed for an annulment. She argued it was likely due to her age (42). He also admitted he would have married her despite infertility, that he had no proof that she was infertile, and that he never specifically requested a child before marrying her. The court held that in Nevada, fraud in inducement must be proved by clear and convincing evidence and here there was none.
Verheyden
A husband had a house before he married his wife and when they divorced she tried to claim it as community property. The court held that any of her claimed “improvement” were merely routine maintenance to the property and has not increased the value of the house. Therefore, that she had no claim to it.
Johnson
Nevada uses the Periera formula when dividing property, in this case, A&W restaurants.
Gemma
A wife claimed she had a community property interest in her husband’s retirement pension even though it had not yet vested and wanted to wait until it vested to begin collecting payment. The court held that was okay and that if after the divorce, his retirement account grew substantially due to his effort, he could come back to court before the dispersement to discuss dispersant amounts.
McNabney
Equitable distribution does not necessarily mean 50/50. In this case, the marriage was short, the wife had her own estate, and therefore awarding 80% of an annuity to a husband and only 20% to the wife was fair.
Lofgren
One of the compelling reasons for unequal distribution of property during a divorce can be bad behavior on the part of one spouse. In this case, the husband was sheltering money in his father’s account and using money in violation of a court order.
Rodriguez
The court cannot take an extramarital affair into account when awarding alimony. In this case, the man made $75K a year and the wife made $14K. She cheated and the court decided not to give her alimony. The SC reversed that because she was I’ll and did not have a tiger earning potential.
Sprenger
A husband owned a lawn care company and even though it was sold, renamed, and otherwise changed during the marriage, it remained his separate property. Also, even though his wife was a nurse before having kids, she’d never be able to go back to being a nurse without more school and she’d never make as much as she would have had she never quit, so the alimony needs to account for that.
The lower court abused their discretion in awarding her 1/4 of the lawncare service as payment bc she couldn’t actually get any money from it, since the husband and his family controlled the other 75%
Minnear
A wife filed for an increase in child support past the age of 18 for a disabled daughter. The husband was a doctor but claimed to make less than $1,200 a month. The court found him to willfully unemployed and changed the presumption that if a parent is willfully unemployed, it is to be presumed it is for the purpose of avoiding child support.
Westgate
Failure to comply with the terms of the visitation agreement cannot be used to decrease child support. In this case, mom refused to let her daughter visit after she accused dad of molesting her. That was not a reason to decrease child support though.
Wright v. Osbourne
For JOINT CUSTODY: The two parent’s incomes should be calculated according to NRS 125B.070 and the difference between them should be paid to the parent who has the child more.
Reel
Requiring a custodial parent to get written permission from a non-custodial parent to move does not violate the custodial parent’s right to travel because they could always travel, just not with the kids. The district court ruled that it did and allowed the move, the appellate court ruled that it did not, but still allowed the move because it was in the best interest of the children.
Rivero
Set out the guidelines for joint and physical custody and explained that if you are modifying a child custody agreement and one parent has sole custody, you have to show its in the best interest of the child and some sort of changed circumstances. But if you’re modifying a joint, its just best interests.
Love
He is required to keep paying child support even though he isn’t the bio dad. They were married, he supported the kid while they were married, and the only way to set aside the judgment is to show mom fraudulently concealed the kid’s parentage when they signed the paternity decree. Here she didn’t do that.
Williams
A spouse that doesn’t know that their marriage is void may receive equitable distribution of the property so long as they take action to correct the issue.
