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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Aug 29, 2002

Kemp v. Kemp

This case involves an appeal from an order of the Family Court of Clinton County concerning the modification of a prior custody order for two sons. The parties, who divorced in 1999, initially had a separation agreement granting joint legal custody with the respondent having primary physical custody. However, due to the respondent's subsequent criminal convictions, probation violation, and incarceration in January 2002, the petitioner gained actual physical custody of the children. The Family Court subsequently awarded sole legal and physical custody to the petitioner, citing several factors including the respondent's incarceration, lack of credibility, failure to address self-destructive behavior, and the stable home environment provided by the petitioner. The appellate court affirmed the Family Court's decision, finding it to be based on a sound and substantial record, and rejected the respondent's contentions regarding joint custody and ineffective assistance of counsel.

Custody ModificationFamily LawBest Interests of the ChildParental FitnessChange in CircumstancesIncarcerationMental Health EvaluationCredibility AssessmentJoint CustodySole Custody
References
11
Case No. MISSING
Regular Panel Decision

Gaines v. Gaines

This case concerns an appeal from a judgment of the Fourth Circuit Court of Davidson County, brought by Claudine Claytor Gaines against Homer David Gaines. The central issue was whether a 1976 order modifying a support agreement could be challenged years later under T.R.C.P. 60.02(5). Appellant Gaines argued a pre-divorce agreement for $600.00 monthly living expenses was a binding contract not subject to court modification, not merging into the divorce decree. The trial court dismissed her contract claim and adjusted child support payments. The appellate court affirmed the trial court's decision, ruling that the appellant's challenge was untimely under T.R.C.P. 60.02(5), lacking the "overriding importance" or "extraordinary circumstances" required for relief beyond the one-year limit. Furthermore, the court found no merit in the appellant's contract theory, concluding that the agreement did not obligate the appellee beyond his legal duties of child support or alimony and thus merged into the divorce decree, becoming subject to modification.

DivorceChild SupportAlimonyContract LawMerger DoctrineRule 60.02Final JudgmentModification of Support OrderAppellate ReviewTennessee Law
References
11
Case No. MISSING
Regular Panel Decision
Sep 01, 2004

Kaplan v. Kaplan

In a divorce action, the father appealed from a judgment of the Supreme Court, Nassau County, which awarded the mother custody, permitted relocation, and set child support, maintenance, and attorney's fees. The Appellate Division modified the judgment by reducing child support to $2,836 per month, with an upward modification to $4,112 per month upon termination of maintenance. It also added a provision for joint consultation on the child's education and health, including special needs due to a hearing disability, with the mother having final decision-making authority. The court found the trial court properly awarded custody and permitted relocation, and upheld the maintenance and attorney's fee awards. The child support calculation was corrected to deduct maintenance and FICA from the father's income.

DivorceChild CustodyChild SupportMaintenanceRelocationAttorney's FeesSpecial Needs ChildParental GuidanceFinancial StatusBest Interests of the Child
References
14
Case No. MISSING
Regular Panel Decision

Norwood v. Capone

This case involves an appeal from an order of the Otsego County Family Court which modified a prior custody order. The petitioner and respondent, divorced parents of two sons with special needs, Christopher and Anthony, were initially granted joint custody with physical custody to the respondent. The petitioner sought to modify this arrangement due to concerns about the respondent's care for the children, particularly regarding Anthony's behavioral issues and alleged physical violence by the respondent. A family offense petition was also filed. The Family Court transferred physical custody to the petitioner and allowed the children to relocate to Kentucky, while maintaining joint custody. The family offense petition was dismissed. On appeal, the court affirmed the Family Court's decision, finding that the change in circumstances and the children's best interests supported the modification, particularly for Anthony, as Christopher had aged out of Family Court jurisdiction. The appellate court upheld the Family Court's assessment of parental fitness and the decision to allow relocation.

Custody ModificationFamily OffenseChild CustodySpecial Needs ChildrenRelocationParental FitnessBest Interests of the ChildDomestic ViolenceTemporary Order of ProtectionFamily Court Appeal
References
9
Case No. MISSING
Regular Panel Decision

Jan S. v. Leonard S.

This case concerns an ex-wife's motion for an upward modification of her $100 weekly lifetime alimony, established in a 1974 divorce decree, from her wealthy ex-husband. Despite suffering from mental illness, poverty, and homelessness, a Special Referee recommended denying her request. The court, presided over by Justice Matthew F. Cooper, confirmed the Referee's report, finding no substantial or unforeseen change in circumstances. The court ruled that her status as a "public charge" and the effects of inflation were not new developments justifying an increase, emphasizing that the ex-husband is not solely responsible for her continued difficulties. The ex-wife's motion for increased alimony and attorney's fees was denied, with the original alimony amount maintained.

DivorceAlimonySpousal SupportUpward ModificationChange in CircumstancesSpecial Referee ReportPublic ChargeMental IllnessHomelessnessInflation
References
27
Case No. MISSING
Regular Panel Decision

Kesterson v. Varner

Bruce Varner (Father) appealed the trial court's dismissal of his Petition to Modify Custody of his son, J.V. The original custody was awarded to Judy Kesterson (Mother) in a 1990 divorce. Varner sought modification in 2002, citing J.V.'s serious mental health issues, including ADHD, Bipolar Disorder, and Oppositional Defiant Disorder, as a material change in circumstances. The trial court dismissed the petition, finding Varner failed to prove a material change in circumstances or that a custody change was in the child's best interest. The appellate court affirmed the trial court's decision, concluding that while a material change in circumstances was established due to J.V.'s mental health, Varner did not meet the burden of proof that changing custody to him would be in J.V.'s best interest, especially given expert testimony on J.V.'s manipulative behavior and the guardian ad litem's recommendation for J.V. to remain with the mother. The court also affirmed the allocation of attorney's fees and guardian ad litem fees to Varner.

Custody ModificationChild Mental HealthParental DiscretionBest Interest of ChildGuardian Ad Litem FeesAttorney Fees AwardAppellate ReviewTrial Court DismissalPsychiatric DiagnosisAttention Deficit Hyperactivity Disorder
References
29
Case No. MISSING
Regular Panel Decision
May 01, 1997

McCauley v. McCauley

The case concerns a motion by the defendant, a former husband, to modify his child support and maintenance obligations following the termination of his employment. Justice Vito C. Caruso, of the Supreme Court, Schenectady County, found that the defendant, despite losing his $41,000 per year research scientist position, had not made a diligent effort to find new employment. The court imputed an annual income of $25,000 to the defendant and, after careful consideration of the Child Support Standards Act and the Matter of Holmes v Holmes decision, determined that a $19 per week child support award would be unjust. Consequently, the court modified the maintenance obligation from $190 to $95 per week and set child support at $95 per week, with both parties sharing health care costs, to ensure the children's needs and standard of living were maintained. The defendant's motion was granted in part, resulting in a modification of the original September 23, 1994 divorce judgment.

Child Support ModificationMaintenance ModificationImputed IncomeJob Search DiligenceParental ObligationsDivorce JudgmentSchenectady CountyChild Support Standards ActStandard of LivingBest Interests of the Child
References
1
Case No. MISSING
Regular Panel Decision
Dec 12, 2005

Sassower-Berlin v. Berlin

This case details an appeal by the Law Guardian for the children and the father from a Family Court order in Nassau County, entered December 12, 2005. The underlying proceeding aimed to modify a 2001 divorce judgment that had terminated the mother’s visitation rights. Appellants sought to vacate orders directing forensic examinations of the father and children, and to summarily dismiss the modification proceeding. The appellate court dismissed the appeal concerning one child as academic. It found the order for the father's examination erroneous but affirmed the discretion to order children's evaluations. However, in exercising its own discretion, the court granted the motion to vacate the forensic examinations for the minor children due to their opposition and prior trauma. The court denied the motion to summarily dismiss the mother's petition, allowing it to proceed to a hearing.

Child visitationDivorce judgment modificationForensic examinationsMental health evaluationAppellate reviewFamily Court ActChildren's welfareJudicial discretionLaw GuardianChildren's wishes
References
7
Case No. MISSING
Regular Panel Decision

Sandhu v. Sandhu

Justice Weinstein dissents in part and concurs in part regarding a divorce judgment. The memorandum argues that the evidence presented by the plaintiff husband for cruel and inhuman treatment was insufficient to warrant a divorce in his favor, especially considering the 15-year marriage, the wife's financial dependency, and acts of provocation by the husband and his mother. Conversely, the justice finds that the defendant wife presented sufficient evidence of the husband's cruel and inhuman treatment, including physical assaults and verbal abuse, entitling her to a divorce on her counterclaim. The memorandum recommends modifying the judgment to grant the wife's counterclaim for divorce and remitting the matter for alimony proceedings. It concurs with the trial court's decision to award custody of the three minor children to the husband, based on a psychiatric social worker's recommendation and the children's expressed preference, while ensuring liberal visitation rights for the wife.

DivorceCruel and Inhuman TreatmentAlimonyChild CustodyDomestic Relations LawMarital MisconductProvocationAppellate ReviewSpousal SupportLong-Term Marriage
References
8
Case No. M2014-02293-COA-R3-CV
Regular Panel Decision
Dec 09, 2016

William Lane Lanier v. Corie J. Lanier

This case involves an appeal concerning the modification of a parenting plan between divorced parents, Corie J. Lanier (Mother) and William Lane Lanier (Father). Following their 2007 divorce, both parents sought modifications to the initial parenting plan due to changed circumstances. The trial court ultimately designated Father as the primary residential parent, granted him sole decision-making authority, and adjusted Mother's parenting time. On appeal, both parties raised numerous issues, challenging findings regarding material changes, best interests, and decision-making. The Court of Appeals affirmed the trial court's judgment in most respects but vacated and remanded the portion of the decision pertaining to the children's vacation schedules for further consideration.

Family LawChild CustodyParenting Plan ModificationChild Support CalculationMaterial Change of CircumstanceBest Interest of the ChildDecision-Making AuthorityParenting TimeAppellate ReviewAbuse of Discretion
References
18
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