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An obligee has the burden of demonstrating that the obligor failed to comply with a court order, the burden of proof then shifts to the obligor to demonstrate that the obligor no longer has the ability to pay. "'In a civil contempt proceeding for failure to pay . . ....
Relocation RulingsRelocation is a change in the location of the principal residence of a parent from his principal place of residence at the time of the last order related to time-sharing, or at the time of filing the pending action to establish or modify time-sharing...
Disparity in income alone does not justify an award of permanent periodic alimony. "This court has recognized that '[d]isparity in income alone does not justify an award of permanent periodic alimony' and that '[a]n award of permanent alimony is improper where the...
The income of the parents, not the income of the caregiver, is to be used when calculating child support "Thus, it is evident that the income of the parents-not the income of the caregiver-is to be used when calculating the child support guidelines under chapter 409."...
Child SupportA Court is not bound by an agreement between the parties concerning child support. "It is undisputed, and should be indisputable, that a trial court's responsibility to the child cannot be abdicated to any parent, any expert. That heavy responsibility...
The trial court may disregard the parent's agreed upon time-sharing agreement, if it is not in the best interests of the children. "Prior to entry of the final judgment, the former wife filed a motion to set aside the MSA and parenting plan, alleging that the MSA was...
A Court is not bound by an agreement between the parties nor by opinions of experts concerning time-sharing. "It is undisputed, and should be indisputable, that a trial court's responsibility to the child cannot be abdicated to any parent, any expert. That heavy...
Alimony is not intended to fund the enjoyment of every luxury enjoyed before the divorce. "Her alleged needs included the purchase of clothing, a personal trainer, daily maid service, flowers, gifts, club dues and charges, vacations, beauty salon, and spa...Alimony is...
Alimony Award Income FactorThe amount of income a spouse may be able to earn is a factor the court should consider in determining an alimony award. "'As to the imputation of income to the wife, the amount of income a spouse may be able to earn is a factor the court...
Can impute income to a spouse whose expenses are being paid by another. "The former husband also complains about the trial court's imputation of income to him. We find no error in the trial court's decision to impute income to the former husband because he was living...
