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Shoemaker Case Summary

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On July 23, 2013, appellant, Jason Shoemaker (“Mr. Shoemaker”) was awarded an absolute divorce from appellee, Fallon Shoemaker (“Ms. Shoemaker”). The trial judge incorporated a voluntary separation and property settlement agreement signed by both parties into the judgment of absolute divorce. Thereafter, on May 6, 2014, the parties modified their separation agreement by executing and filing a consent order with the circuit court. On July 17, 2014, Ms. Shoemaker filed a petition for contempt alleging that Mr. Shoemaker breached the consent order. On September 24, 2014, the Circuit Court for Frederick County held a hearing where it determined that Mr. Shoemaker was in contempt of the consent order, and that Mr. Shoemaker had not shown that …show more content…

Shoemaker] shall pay to [Ms. Shoemaker], alimony in an amount of Four Thousand Five Hundred Dollars ($4,500.00) per month for Year One (first 12 months), Five Thousand Dollars ($5,000.00) per month for Years Two through Five (second 48 months), and Four Thousand Five Hundred Dollars ($4,500.00) per month for Years Six through Sixteen (final 120 months), for her support, on the first day of each month starting on the first day of August, 2012, for so long as the parties live separate and apart and until the first to occur of any of the following events: (a) death of either party, (b) that date which is sixteen (16) years from the date of this Agreement, or (c) [Ms. Shoemaker] remarries. Thereafter, a series of disputes arose between the parties as to the others’ performance under the terms of the separation agreement. Mr. Shoemaker alleged that the separation agreement was induced by fraud because at the time of the agreement Ms. Shoemaker had acquired a significant other whom she intended to sustain with Mr. Shomaker’s alimony payments. Ms. Shoemaker, for her part, alleged that Mr. Shoemaker was in violation of the custody and visitation terms of the agreement that required Mr. Shoemaker to abstain from illicit drug use. Ms. Shoemaker further alleged that Mr. Shoemaker was in default of his child support and alimony payments under the separation

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