Lewin v. Skehan
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Wife and Husband divorced pursuant to a judgment entered in April 2009. The trial court subsequently granted Wife's motion to modify and motion for contempt. Husband appealed, arguing that the court erred when it (1) modified the divorce judgment to order Husband to continue making payments toward the mortgage on the home that had been awarded to Wife, as Wife had unilaterally refinanced the home in her name only, thereby extinguishing the second mortgage for which Husband was responsible; and (2) found Husband in contempt of the divorce judgment when he discontinued making payments to Wife comparable to the payments he was to have made on the second mortgage after Wife refinanced the home. The Supreme Court vacated the portions of the court's order granting Wife's motion to modify and motion for contempt, holding that although Wife's unilateral action in refinancing the property caused the intended distribution of debt in the divorce judgment to be complicated, her action did not absolve Husband of his responsibility for paying an amount equivalent to the principal indebtedness on the now-extinguished second mortgage. Remanded.
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