top of page

Baranes v. Baranes

October 8, 2024

Reverse, Remand

CHILD SUPPORT

  • District Court's procedural defect did not preclude a party from seeking appellate review.

  • When children have different timesharing schemes with each parent that hinders the use of Worksheet A or Worksheet B for both children, the trial may not aggregate the time to simplify the calculation.

  • The district court should apply the principles of Erickson v. Erickson, 1999-NMCA-056, to determine the support obligation in a situation like this.

PROPERTY

  • A sole and separate property agreement is voidable and must be set aside when one spouse gained a decided advantage through constructive fraud and the other received grossly inadequate consideration for forfeiting [their] interest in community property. The spouse challenging the agreement must show such grossly inadequate consideration.

  • To overcome the presumption of fraud, the spouse promoting the agreement must meet a three-pronged test in Gabriele v. Gabriele, 2018-NMCA-042 to show payment of adequate consideration, full disclosure, and that the other party had competent and independent advice.

  • On remand, the district court must calculate Wife's community interest.

Job Type

2nd

Workspace

Baranes v. Baranes

© 2025 McBryde Law LLC

McBryde Law Monogram RGB.png
bottom of page