When “Equitable” is Nowhere Near Equal

Lawyers and judges often repeat the truism that Alabama’s principle of dividing marital property in a divorce is that the division should be equitable but not necessarily equal. We get a refresher in today’s case of just how unequal property division can be in Alabama and still be sustained on appeal. Read more

Cleaning Up After an Incomplete Divorce Settlement

What does it mean when the husband and wife in a divorce case agree that child support will be “in accordance with the child support guidelines” when the non-custodial parent’s income exceeds those guidelines? Is child support set at the maximum guideline amount? Is the court free to set child support in its discretion? Read more

A Ringing Endorsement of Ore Tenus

Too often, the Alabama Court of Civil Appeals has seemed to have a schizophrenic relationship with the Ore Tenus rule, citing it with approval in some cases and shoving it aside in others, often without clear justification for the different treatment. Here, at least, is one case where the court cites it and endorses it. Read more