Milligan v. Milligan

21 Citing cases

  1. In re Farrar

    219 B.R. 48 (Bankr. D. Vt. 1998)   Cited 6 times

    The two separate estates created when the dust settles reflect the exercise of a wide-ranging judicial discretion channelled only by the requirements that it do equity, that it not be withheld, and that it not be abused. Milligan v. Milligan, 158 Vt. 436, 439, 613 A.2d 1281, 1283 (1992). The fact that Debtor ended up after the marriage with the same title to the house that he had at its inception is not determinative.

  2. Adams v. Adams

    2005 Vt. 4 (Vt. 2005)   Cited 15 times
    Holding that failure to raise an issue in the trial court precludes raising that issue on appeal

    As a result, the trial court may award attorney's fees in its discretion in light of its own knowledge and experience, without separate evidence of the reasonableness of the fees. Milligan v. Milligan, 158 Vt. 436, 444, 613 A.2d 1281, 1286 (1992). ¶ 20.

  3. Theberge v. Theberge

    2020 Vt. 13 (Vt. 2020)   Cited 3 times   1 Legal Analyses

    Defendant is correct in noting that parents have no legal obligation to support their children beyond the age of minority, and that family courts are thus powerless to order postsecondary education payments absent the agreement of the parties. See Milligan v. Milligan, 158 Vt. 436, 441-43, 613 A.2d 1281, 1284-85 (1992) ; 15 V.S.A. § 659(b) ("If the parties agree, the court may include in the child support order an additional amount designated for the purpose of providing for postsecondary education."). However, she misapprehends the effect of this circumstance on the existence of consideration in an agreement between the parties.

  4. Kenney v. Kenney

    SUPREME COURT DOCKET NO. 2017-233 (Vt. May. 4, 2018)

    Finally, we reject husband's argument that the court abused its discretion in ordering him to pay $10,000 of wife's attorney's fees. See Milligan v. Milligan, 158 Vt. 436, 444 (1992) (stating that trial court may exercise its discretion to award attorney's fees in divorce action). The trial court ordered husband to pay part of wife's attorney's fees based on the disparity of the parties' earning potential.

  5. Russell v. Lemieux

    SUPREME COURT DOCKET NO. 2017-161 (Vt. Dec. 1, 2017)

    First, it found no enforceable agreement to share in the children's college expenses, noting that it was not included in the parties' child support order. See 15 V.S.A. § 659(b) (stating that "if the parties agree, the court may include in the child support order an additional amount designated for the purpose of providing for postsecondary education" (emphasis added)); Milligan v. Milligan, 158 Vt. 436, 442 (1992) (holding that "property order cannot be used to create an obligation to support children beyond their minority," and court "has no power to order creation of an educational trust for use beyond the age of the majority"). Given the clarity of Vermont law on this subject, the court denied husband's claims with respect to the tax deduction and any form of offset relating to his voluntary payment of the children's college costs.

  6. Dendler v. Dendler

    SUPREME COURT DOCKET NO. 2017-008 (Vt. Jul. 24, 2017)

    The court has the power to order that the marital home be sold to satisfy a property award to one party. Paine v. Buffa, 2014 VT 10, ¶ 25, 195 Vt. 596; see also Milligan v. Milligan, 158 Vt. 436, 440 (1992) (holding family court has discretion "to order that marital property held by one or both parties be liquidated and immediately reduced to cash when the court finds it necessary, as here, to meet immediate needs"). As we have previously made clear, the homestead exemption in 27 V.S.A. § 101, which exempts up to $125,000 in value of a person's homestead from judicial attachment or execution, does not apply in the context of a divorce.

  7. Paine v. Buffa

    93 A.3d 90 (Vt. 2014)   Cited 7 times

    The family court has the power to order the sale of the marital home. Mansfield v. Mansfield, 167 Vt. 606, 608, 708 A.2d 579, 582 (1998) (mem.); see also Milligan v. Milligan, 158 Vt. 436, 440, 613 A.2d 1281, 1284 (1992) (holding that court may order marital property to “be liquidated and immediately reduced to cash when the court finds it necessary, as here, to meet immediate needs”). It also has the power to create a security interest in the marital property on behalf of the party who is not awarded possession to ensure that party receives his or her share of the equity. See Sumner v. Sumner, 2004 VT 45, ¶ 9, 176 Vt. 452, 852 A.2d 611 (noting that court may create lien on marital home in divorce decree).

  8. Hanson-Metayer v. Hanson-Metayer

    2013 Vt. 29 (Vt. 2013)   Cited 27 times
    Holding that written findings control

    The award of attorney's fees in a divorce action is a matter within the discretion of the trial court. Milligan v. Milligan, 158 Vt. 436, 444, 613 A.2d 1281, 1286 (1992); see 15 V.S.A. §§ 606, 607; Lalumiere, 149 Vt. at 473, 544 A.2d at 1173 (“In a divorce action, the court may determine whether to make an award of “suit money” based on the financial circumstances of the parties.”); Ely v. Ely, 139 Vt. 238, 241, 427 A.2d 361, 363 (1981).

  9. Youngbluth v. Youngbluth

    2010 Vt. 40 (Vt. 2010)   Cited 31 times
    Emphasizing that "Vermont places great emphasis on the finality of property divisions"

    Id. First, we held that husband failed to properly preserve the issue before the trial court since he raised it for the first time on appeal. Id. Second, we held that federal law allows the division of disposable retirement benefits, id. (citing 10 U.S.C. § 1408), and "under Vermont law, pension rights acquired during the course of a marriage are subject to equitable distribution," id. (citing Milligan v. Milligan, 158 Vt. 436, 439, 613 A.2d 1281, 1283 (1992)). Although our ruling in Youngbluth I was an unpublished decision without precedential value for other cases, it was also a final judgment for purposes of settling the particular matters disputed between the parties in that particular case.

  10. Turner v. Turner

    2004 Vt. 5 (Vt. 2004)   Cited 15 times
    Recognizing that because parties' financial circumstances are almost always involved in divorce and similar actions, this obviates need for hearing, or taking of particular evidence, on question of awarding attorney's fees, and "[i]n the usual, and vast majority of, cases such allowance borders on judicial routine, and is supported by evidence bearing on the circumstances of the parties generally"

    We agree. Attorney's fees are recoverable in divorce actions generally as "suit money." See 15 V.S.A. §§ 606, 607; Downs v. Downs, 159 Vt. 467, 471, 621 A.2d 229, 231 (1993); Milligan v. Milligan, 158 Vt. 436, 444, 613 A.2d 1281, 1286 (1992) (trial court may award attorney's fees in a divorce action in its discretion). The assessment of such fees is proper "`where justice and equity so indicate.'" Nevitt v. Nevitt, 155 Vt. 391, 399, 584 A.2d 1134, 1139 (1990) (quoting Peatman v. Peatman, 140 Vt. 532, 534, 442 A.2d 1290, 1291 (1982)).