(DOWNLOAD) "Rochelle M. Cates v. Larry D. Cates" by Supreme Court of New Mexico ~ eBook PDF Kindle ePub Free
eBook details
- Title: Rochelle M. Cates v. Larry D. Cates
- Author : Supreme Court of New Mexico
- Release Date : January 19, 1991
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
Here we consider whether the remarriage of a former spouse terminates an obligation to pay the remaining monthly installments of a lump sum maintenance award when the decree of dissolution and the separation agreement are silent on that issue. The trial court sustained the husbands Motion to Quash Garnishment, holding that the wifes remarriage terminates the husbands obligation to continue payment. The Court of Appeals, Southern District, affirmed. We granted transfer to resolve the conflict that appears throughout appellate decisions, of which the southern districts opinion in this case and Mika v. Mika, 728 S.W.2d 280 (Mo. App. 1987), are representative. We have jurisdiction. Mo. Const. art. V, § 10. The cause is remanded for further proceedings consistent with this opinion.
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