MABEE v. MABEE

No. 92-160.

617 A.2d 162 (1992)

Jacqueline N. MABEE v. Douglass M. MABEE.

Supreme Court of Vermont.

October 9, 1992.


Attorney(s) appearing for the Case

Jeremy Dworkin, South Londonderry, for plaintiff-appellee.

Lucy T. Brown and Robert F. O'Neill of Gravel and Shea, Burlington, for defendant-appellant.

Before ALLEN, C.J., and GIBSON, DOOLEY, MORSE and JOHNSON, JJ.


ALLEN, Chief Justice.

Defendant appeals from the trial court's modification of his child support obligation which was based on an increase in his income due to capital gains realized in 1990 from the sale of property that he received pursuant to a divorce decree. Because the court awarded this property based on its then-present value, capital gain resulting from pre-property-division appreciation in the value of this property is not income but an asset. Therefore...

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