Franklin v. Franklin
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Elisha Franklin and Elijah Franklin were divorced in 2011. Husband was awarded primary custody , and Wife was awarded visitation. Wife was ordered to pay $1,518 per month in child support, and found that the parties had agreed to a final
division of marital assets prior to the final divorce hearing. Husband filed a Motion for Disposition of Real Property, representing that, although the parties had previously agreed to sell their marital residence, the parties had been unable to agree on a date upon which Wife would move out of the residence in order to allow for the house to be sold. Wife filed a motion for new trial, and Husband filed a contempt motion based on Wife's failure to pay child support. Later, Wife filed a motion for reconsideration and a contempt motion based on Husband's alleged violation of the visitation provisions of the trial court's Final Decree. Following a hearing, the trial court denied Wife's contempt motion and granted Husband's contempt motion, requiring Wife to pay $4,555 in child support. In a separate ruling, the trial court ordered that the proceeds of the sale of Husband and Wife's house be equally divided between them. The Supreme Court granted Wife's application to appeal pursuant to Supreme Court Rule 34 (4), and after careful consideration of the trial court record, the Supreme Court reversed the trial court's finding as to Wife's gross monthly income and remand the case to the trial court to make a proper finding based on the evidence. The Court affirmed the remainder of the trial court's challenged rulings on appeal.
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