
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