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Divorce Lawyers San Antonio

April 16, 2007

Evidence

Filed under: Evidence — admin @ 5:47 am

 Where a defendant filed a judicial admission of his ability to pay, but never attempted to put his financial condition in issue until after a judgment was rendered, the defendant could not assert as a substantial change in circumstances any change in his financial condition which occurred before the judgment, because the defendant never asserted before that date that the admission did not represent his then current financial condition.  Giamanco v. Giamanco
Change in Circumstances
 A trial court was in error in decreeing that plaintiff’s right to receive support payments from the defendant was strictly limited to the net rentals from their business property, and limiting a testimony at a hearing on the petition for increase of payments for support and maintenance to the question of net rentals from the business property, in refusing to hear any evidence as to any change in circumstances and conditions since the entry of the original divorce decree, and in limiting and restricting the payments of a certain amount per month which was ordered to the net rentals received from the business property and ordering that payments terminate on the sale of property.  Larson v. Larson

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