Wagner v. Wagner

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IN THE SUPREME COURT OF THE STATE OF DELAWARE JAMES M. WAGNER, § § § § No. 443, 2002 § § Court Below: Family Court § of the State of Delaware in and § for New Castle County § File No. CN94-11603 § Petition Nos. 02-04160, 02-08643, § and 02-06930 Petitioner Below, Appellant, v. CAROL WAGNER, Respondent Below, Appellee. Submitted: January 7, 2003 Decided: January 8, 2003 Before VEASEY, Chief Justice, WALSH and HOLLAND, Justices. ORDER This 8th day of January 2003, upon consideration of the briefs of the parties, we conclude that the Family Court did not abuse its discretion in not requiring the appellee to reimburse alimony payments received prior to the date when the appellant petitioned for a reduction in alimony. NOW, THEREFORE, IT IS ORDERED that the judgment of the Family Court be, and the same hereby is, AFFIRMED. BY THE COURT: s/Joseph T. Walsh Justice

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