Notable Cases

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Order Freezing Assets Quashed -- A former architect was married to a very successful local attorney for 13 years. Much of that time he stayed home to care for their two girls. Years after the divorce was final, he sold his separate residence, and the ex-wife obtained an order freezing the sale funds. She argued to the court that the funds might be needed, because he might be ordered to pay child support or attorney's fees sometime in the future -- even though he had never been ordered to pay her child support or attorney's fees. On certiorari, the appellate court granted in part, and quashed the order freezing the father's assets from sale of house without any basis in the pleadings or evidence. The former husband was able to take the funds and buy himself a new home in New Mexico.

Child Support Collection -- A former wife sought to collect unpaid child support from her former husband, as determined by a previously entered final judgment. At the same time, he moved to terminate his obligation to pay. The trial court modified, to the husband's advantage, many of the child support obligations contained in the final judgment of dissolution of marriage. The wife appealed, and the appellate court held that modification of the husband's support obligations was erroneous, as the right to previously determined child support vests at the time payments are due. Unpaid child support arrearages are subject to a set-off only when compelling equitable considerations are present, which were not present here.

Sale of Homestead for Child Support Arrearages -- 11 years of unpaid child support resulted in a final recorded judgment of arearages. Father was ordered to sell the house, instead he refinanced. Mother was appointed receiver of father's homestead, father evicted, equitable lien for child support knocked off priority of 1st and 2nd mortgages, sale of house produced $231,597.

Equitable Distribution -- In a divorce between two attorneys, the husband's failure to list all marital assets in his financial affidavit was not an automatic waiver of any claim.

Motion to Enforce Shared Parental Responsibility -- On father's motion to enforce shared parental responsibility, he was allowed to depose grandparents. The appeals court rejected a petition for writ of prohibition or mandamus directed at the order.