However, judges generally follow them and the courts have stated that if
a judge awards an amount of spousal support that is significantly different from the Spousal Support Guidelines, the judge must give reasons why this is the case.
Not exact matches
Wish I would have thought of doing the research or had come across this blog, had you written it in 2013 when a family court
judge saw no value to my being a stay at home mom full time for 9 years and
awarded ne no spousal support and a pitiful
amount for child support despite my having zero income and no career to go back to once my ex left, suddenly.This is a fantastic template to argue in court for stay at home moms seeking support everywhere that sacrificed their education, career and opportunities and stayed home with the kids.May pop some people's perspective back where it should be!
I saw a reassuring
amount of that at the first annual Google Science Fair, where I was chief
judge and master of ceremonies for the
awards on July 11 in Mountain View, Calif..
The number of class actions has risen to seven, according to media reports, and one of those parties communicated its displeasure immediately to an Ontario Superior Court
judge, in an effort to prevent Loblaw from making it a condition that consumers who receive a $ 25 gift card would have that
amount deducted from any future
awards.
This can be very expensive, yet if a case is heard under the «small claims» system, costs are not
awarded (although a
judge could decide either side may need to pay for a limited
amount of the other party's expenses), making it a much less risky bet.
IBM filed an appeal, claiming that the
judge should have deducted the
amount of pension benefits paid during the notice period from the damages
award, which the Court of Appeal dismissed.
While a trial
judge has wide discretion to determine the appropriate
amount of a fee
award, the SJC said, it was sending this case back because the
judge appeared not to have evaluated the lawyers» billing records.
In some states, a
judge might increase the duration or
amount of the innocent spouse's alimony
award if he or she has proven the other spouse committed adultery.
July 4, 2011 - In this maximum injury claim for pain and suffering (Bransford v. Yilmazcan, 2010 BCCA 271) despite The Jury
awarding a claimant $ 385,000.00 for pain and suffering and the Trial
Judge reducing the
amount to $ 327,350.00, the Court of... Continue reading →
Or, a
judge might reduce the
amount of property and / or alimony
awarded to a cheating spouse.
A
judge or a jury could
award you a significant
amount of money, however without the underlying insurance company in place to pay you, it will be up to you to attempt the collect the money from the uninsured driver.
After deciding the
amount of damages sustained, the
judge or jury determines the
amount of fault to attribute to each party and reduces the victim's
award by the
amount that he or she is responsible for.
Personal injury damages are influenced by a number of factors considered by juries and
judges when determining the
amount of the
award in each case.
The decision whether to
award spousal support and the
amount and duration of spousal support to be
awarded are left to the
judge's discretion in Virginia.
The
amount of money that is
awarded for these damages is usually determined by a jury, although a
judge must often approve the final verdict, sometimes adding interest and attorney's fees to the total.
Having made that finding, it was not open to the deputy
judge to
award the Respondent an
amount by way of aggravated damages.
The court explained that, while it is not always appropriate for a
judge to override the jury, in instances where the damages
award is shockingly low or high, the trial
judge is in a position to adjust the total
award amount.
In the case, Riley v. Ford Motor Company, the court determined that the trial
judge properly adjusted the damages
award in favor of the plaintiff after the jury returned a shockingly inadequate
amount.
On Final Appeal In front of the Supreme Court of South Carolina, the plaintiff made essentially the same arguments as below and convinced the court that the trial
judge was proper in increasing the
amount of the damages
award.
The divorce
judge awarded wife half the marital assets in the
amount of $ 2.5 million dollars, plus $ 12,000 a month in spousal support and $ 35,000 for her attorney's fees and costs.
2017), where the Virginia Court of Appeals upheld the Chesterfield County Circuit Court
judge's
award of spousal support to wife in the
amount of $ 12,000 a month, on top of a $ 2.5 million dollar equitable distribution
award.
The trial
judge rejected the vast majority of claims advanced by the plaintiff and
awarded the plaintiff a small percentage of the
amounts that he claimed.
The Trial
Judge agreed with Mr. Abraham's assessment of the damages under all headings and
awarded the Plaintiffs at the exact
amounts requested.
The Arizona Court of Appeals concluded the trial
judge did not make a determination regarding whether to
award spousal maintenance the
amount of the alimony
award.
The defendants then filed a JNOV motion asking the
judge to
award them a judgment notwithstanding the verdict, but the case settled before any ruling on that motion for a confidential
amount.
[28] Although the trial
judge was satisfied that the
amounts the Plaintiff had received for past income replacement benefits had exceeded the tort
award for past loss of income, he wrote that he could not determine from the evidence what
amounts the Plaintiff had actually received under the settlement on account of future income replacement... [more]
The
judge also
awarded Mrs. Chaney spousal maintenance in the
amount of $ 450 a month.
Even if the court declines to
award the budgeted
amount as costs, the lesson to be gleaned from the Manchester pilot scheme is that
judges will be relaxed about
awarding a significant payment on account of costs to the winner, based upon their budgeted sum.
To the contrary, the trial
judge concluded that the
amount of the
award actually fell far below what would have been necessary to «shock the conscience» and require a reversal.
The
judge ordered the defendants to pay the legal costs incurred by Senator Enverga, along with the general and aggravated damages and punitive damages
awarded, thus bringing the total
amount to which the Senator is entitled to $ 340,000 plus pre-judgment interest.
At trial, the
judge had
awarded close to $ 18,000 in banked sick time as a gross
amount.
To be
awarded these damages, the
judge or jury will determine the specifics surrounding the injury, and they will then assign a dollar
amount to those injuries.
Giving the husband «every benefit of the doubt,» the trial
judge awarded damages for loss of consortium in the
amount of $ 7,500, which in 2018 dollars is $ 7897.50.
Hence, the
judge will
award x
amount of dollars toward that spouses «income» column, owed by the working spouse, to the spouse doing all of the work at home.
If such efforts are not made, a
judge may reduce the
amount of spousal support
awarded by imputing income to the unreasonably under - employed spouse: Rogers v. Rogers, 1999 BCCA 238 at paras. 44 - 47, citing Moge v. Moge, [1992] 3 S.C.R. 813.
The least
amount that can be
awarded is zero if the
judge is not convinced that the rearend car accident caused more than a trivial injury.
The trial
judge granted the fee request, but
awarded only $ 28,350.08, the exact
amount it determined car buyer incurred before the service of Ford's initial 998 offer, based on the notion that Ford's second, accepted offer was indistinguishable from its initial offer such that the intervening time was unnecessary.
A district
judge would go on to lower the
award amount to $ 1.5 million while upholding the verdict.
Judges and juries have a lot of discretion to
award punitive damages; however, in some cases the
amount of the punitive damages can far exceed compensatory damages.
However, the fee
award was reversed and remanded because the magistrate
judge only
awarded $ 51,363.81 out of a requested $ 328,077.50 in fees — about 15 % of the requested
amount.
Essentially, the
judge will determine if the
award was a product of «prejudice, passion, or corruption,» whether the jury considered evidence it should not have, and whether the
award amount was supported by the evidence.
The
Judge rejected this argument outright stating, ``... she achieved a substantial
award of damages in the proceeding in excess of that which she could have settled the claim for... I reject the defendant's [ICBC] alternative argument that I ought to consider the defendant's offer to settle for an
amount some $ 20,000 to $ 25,000 below that which was ultimately
awarded.»
It will be the duty of trial
judges and this Court to restrain
awards for this type of claim to an
amount of compensation commensurate with the loss.
If the
judge agrees with the requesting party, the
judge will order an additur (an increase) or a remittur (a decrease) in the
award amount.
However, once the jury returns a verdict in favor of the plaintiff, the
award amount that the jury reaches can be subject to a
judge's review under certain circumstances.
Finally, the trial
judge did reduce the requested fees such that he showed care in
awarding the
amounts he did.
A recent case illustrates a situation in which the
judge agreed with a plaintiff that a jury's
award amount was insufficient.
The trial
judge made an unspecified
award for loss of housekeeping, preferring to incorporate the
amount into an overall
amount for pain and suffering.
Then, consistent with the charge to
award fees under section 505 as necessary to vindicate copyright rights, the district
judge then sliced 50 % from the remaining
amount.
The magistrate
judge recommended partially granting plaintiff's motion for default judgment and
awarding statutory damages in the
amount of $ 5,000.»