The DC Court of Appeals in Bernard v. Bernard, particularly addressed whether an existing tax liability is a factor for the Court to weigh and consider in dispensing marital property in a divorce action. Generally, in order to distribute marital property in the manner that is equitable, just and reasonable, the trial judge must consider all relevant factors including, but not limited to those enumerated in section 16-910, but also the court must conduct conscientious weighing of all relevant factors, statutory or otherwise, before reaching a conclusion about the proper distribution of property. Here, Mr. Bernard argued that the trial
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The Court of Appeals in W.D. v. C.S.M, determined whether the trial court had the authority to grant permanent custody of a minor child, who was under the court’s jurisdiction in a neglect case, to third parties in a separate proceeding filed under the domestic relations laws. Factually, the child was removed from the mother’s care under a neglect petition filed, and before the biological father was given an opportunity toward placement with his child, third party custody was filed and court in the domestic relations case awarded custody to the third party. The issue on appeal was whether the
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The Court of Appeals in K.A.T. v. C.A.B, addressed child support obligations for stepparents and the legal parameters thereof. K.A.T., contested an order for child support arguing that the trial judge erred in holding him equitably estopped from denying that he was the father of the child, and thus obligated to pay child support. Factually, the mother began dating K.A.T. who was not the biological father shortly before the child’s birth and the child called K.A.T. “daddy,” and K.A.T. referred to her as his daughter when in the company of others.  Moreover, the putative father regularly went on outings with
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The Court of Appeals in Carome v. Carome, decided on October 21, 2021, expanded on previous rulings pertaining to legal standard for grant of Civil Protection Order. After altercation among parties which involved allegation of pushing and destruction of property on both sides, the trial court declined to grant Ms. Carome a civil protection order essentially citing lack of compelling or sufficient evidence.   Significantly, the trial court had focused his ruling on events that had occurred during an incident giving rise to the filing of the CPO. On appeal, Ms. Carome argued that the trial court had erred by failing
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The Court of Appeals in Burwell v. Burwell, reiterated and expounded that in division of marital property during divorce, equal may not — and generally is not an equitable distribution. Parties had owed a marital home for over 20 years and during the divorce proceedings the trial court had ordered the sale of the marital home, and an equal division of the net proceeds. Wife argued at trial that she should be entitled to 100% of proceeds, as husband had received a long incarceration sentence, had not made any contributions toward the upkeep of the house, had ever more limited
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The Court of Appeal in Zoob v. Jordan, analyzed the legal elements of a gift in disposing martial properties and post-divorce. Parties were married abroad and separated via agreement and disposed all marital properties before moving to the District.  In DC, Jordan purchased two properties evidence suggesting he intended to include Zoob as joint owner.  Parties separated again, and the property ownership because the subject of litigation. The trial court determined that Jordan had the manifest and requisite intent to make the joint title transfers, but concluded that as ultimately Zoob’s name did not appear on either apartment’s title —
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The Court of Appeals in Spires v. Spires, held invalid portions of a Marital Separation Agreement that preemptively outlined and addressed the child custody of the children. The parties in order to amicably resolve martial issues had jointly drafted and signed a document described as a marital agreement, in which Mr. Spires promised to remain married to Mrs. Spires as long as she complied with thirteen Articles of Continuance as well as in the event of a divorce, seven Articles of Dissolution which essentially conferred on Mr. Spires sole custody of the children with absolute power to determine Mrs. Spires’
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The DC Court of Appeals in Mashaud v. Boone decided on August 12, 2021, addressed and analyzed the First Amendment defense against the DC Stalking Statute. Factually, the trial court had entered a civil protection order (CPO) against appellant Mashaud based on evidence at trial establishing that the appellant had stalked Boone by sending emails, and Facebook messages to Boone’s coworkers, family, and friends revealing that Boone had engaged in an extramarital affair with his wife. Mashuad on appeal essentially argued that his conduct and technically the speech was protected by the First Amendment. The DC Stalking Statute in relevant
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The Court of Appeals in Leftwich v. Leftwich, considered and incorporated parties’ tax liabilities in distribution of marital assets and during the divorce proceedings. Specifically, the trial court had issued a conditional order in the distribution of martial assets phase in effect conditioning receipt of certain martial property to the wife only after she had signed two years of tax returns jointly with her husband in order to reap the tax benefits of joint filing.  Essentially requiring wife to file joint amended tax returns for two previous years. The Court of Appeals ruled that the order although conditional to be
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