Green v. Green
259, 2016
| Del. | Dec 12, 2016Background
- Wife appealed Family Court’s April 21, 2016 order dismissing alimony petition.
- Married Sept. 24, 1999; separated Oct. 20, 2014; divorced May 4, 2015.
- Family Court awarded interim alimony of $1,075/month in July 2015, subject to retroactive modification.
- Final ancillary hearing Jan. 19, 2016; Feb. 1, 2016 order divided assets and denied alimony for lack of dependency evidence.
- March 7–8, 2016 orders denied reargument; Wife did not appeal the February 1 decision.
- April 8, 2016 Wife petitioned for alimony; April 21, 2016 petition dismissed as barred by res judicata.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the reply brief was timely filed | Wife’s counsel acted in good faith; delay due to mistake | Late filing not excused; strike appropriate | Yes; reply brief stricken |
| Whether February 1, 2016 order bars April 8 petition under res judicata | Section 1512(d) permits alimony eligibility for up to 50% of the marriage term | Res judicata bars new petition after final order | Yes; petition barred by res judicata |
| Whether Section 1512(d) allows ongoing alimony petitions during eligibility period | Wife could seek alimony for ~7.5 years under 1512(d) | Section 1512(d) limits relief duration, not a right to repeated petitions | No; 1512(d) does not authorize serial petitions; petition rejected under res judicata but not due to ambiguity of statute |
Key Cases Cited
- Mundy v. Devon, 906 A.2d 750 (Del. 2006) (review standard and evidentiary sufficiency)
- LaPoint v. Amerisource Bergen Corp., 970 A.2d 185 (Del. 2009) (res judicata elements and finality)
- Dover Historical Soc’y, Inc. v. City of Dover Planning Comm’n, 902 A.2d 1084 (Del. 2006) (finality and res judicata considerations)
- Eliason v. Englehart, 733 A.2d 944 (Del. 1999) (statutory interpretation and plain meaning governs)
- Spielberg v. Slate, 558 A.2d 291 (Del. 1989) (interpretation of statute language)