Belay v. Orma (2023) & Overturning Judgments

Published on
August 3, 2023
Written by
Angel Murphy, Esq.
Category
Divorce

The weight and importance of trial court judgments can scarcely be overstated. This is particularly the case when it comes to family law judgments. During the review process, there is always the possibility that an appellate court could overturn or modify a ruling made by a trial court. A reversal cannot be guaranteed, and this is mainly due to the fact that trial court judgments are granted a certain level of deference within the court system.

Merely disagreeing with a decision doesn't automatically lead to its overturning, as the hurdle is quite high. Appellate courts typically need to demonstrate that the judgment is far beyond what is considered minimally acceptable in order for it to be reversed. The reality of this situation was revealed a bit in the recent case of Belay v. Orma (2023). Let’s examine this case in a bit more detail.

Overview of the Case

The couple, in this case, were married in Ethiopia in 2003. The couple had three children during the course of the marriage. Then, in 2020, nearly 17 years after marriage, a formal petition for divorce was filed. During the divorce, the husband stated that he works as both an Uber driver and a school bus driver, earning about $60,000 per year. He claimed to have monthly expenses of nearly $6,800, resulting in a recurring monthly deficiency of almost $1,800. The wife, by comparison, had a considerably lesser income of approximately $1,000 per month. The husband also revealed that he had nearly $46,000 in a bank account at the trial court. The husband claimed these funds represented a loan for his small business and shouldn’t be counted as marital property. The wife moved for a lump sum, half of the bank account balance, and temporary rehabilitative alimony to remain financially healthy immediately after the divorce.

Outcome & Discussion

The trial court ruled in favor of the wife. The wife was awarded half of the bank account, $23,000, because the court determined that these funds were in fact marital. The trial court also awarded three years of rehabilitative alimony because of the disparity in income and earning potential between the former spouses. The husband appealed, and on appeal the appellate division confirmed the ruling of the trial court. The husband’s primary arguments were that the bank account funds were incorrectly categorized as marital property, and that the rehabilitative alimony was improperly granted. After review, the appellate court concluded that, because there were no clear errors in reasoning made by the trial court, the original ruling should stand. There were no obvious omissions or mistakes, and that’s generally what needs to be present to warrant a dismissal. Although the judgment may have been financially difficult for the husband, that wasn’t sufficient to overturn it. Above all else, this demonstrates the utmost significance of acquiring a competent attorney before going to trial.

Contact the Murphy Law Firm for More Information

If you’d like to know more, don’t hesitate to reach out to one of the top Maryland family law attorneys at the Murphy Law Firm by calling 240-219-8543.

Angel Murphy

Personable. Passionate. Persistent.

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