Murphey v. Pearson
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The Supreme Court affirmed in part and reversed in part the judgment of the circuit court in this action brought by Plaintiff to determine custody, child support, and shared parenting of the parties' child and on Defendant's counterclaim for breach of an implied contract and unjust enrichment, holding that the circuit court erred in part.
In his counterclaim, Defendant argued that the parties had impliedly agreed that they would jointly own the marital home and that he would receive equity in the home acquired through his financial contributions toward the home mortgage. In response, Plaintiff claimed that she owned the home and that Defendant simply paid her rent while living there. The circuit court denied Defendant's claims, concluded that the parties' relationship was that of a landlord and tenant and awarded back rent, and determined shared child support and parenting issues. The Supreme Court reversed in part, holding that the circuit court (1) erred when it awarded Plaintiff back rent; (2) erred in determining the amount of back child support due; and (3) did not otherwise err or abuse its discretion.
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