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201500633
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2/2/2015 9:10:07 AM
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2/2/2015 8:57:36 AM
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DEEDS
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201500633
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201500633 <br />an accident which totaled the Cavalier and there were no insurance proceeds to <br />cover the loss. The Cavalier no longer exists and its value should not be included <br />in the property division. Plaintiff is entitled to one -half the value of the Nissan. <br />Plaintiff claims a one -half interest in Plaintiffs 401(k) in the amount of <br />$6,000 and Defendant's 401(k) in the amount of $73,000. She cashed in her <br />account at the time of separation and received the proceeds. In 2009, Defendant <br />cashed in his account and after the payment of taxes, he received approximately <br />$50,000. At that time Defendant was unemployed, suffering from medical <br />problems and incurring medical expenses, and acting as the sole source of support <br />for his son. He testified that he had no insurance and had to pay for his surgeries <br />from the retirement proceeds. The entirety of the proceeds was used to support his <br />son and pay basic living expenses, and medical expenses. No retirement accounts <br />or proceeds from those accounts were in existence at the time of trial and no <br />division will be made of those assets. <br />The date of valuation bears some discussion. The parties were separated in <br />2005 when Plaintiff left Defendant with the minor child and moved to South <br />Carolina. The evidence does not reflect that she had any contact with them after <br />that date. Defendant was left to care and support the child as well as take care of <br />all the marital assets. He testified that he made approximately $25,000 per year <br />and that the mortgage payments exceeded $1,000 per month and he was unable to <br />make those payments. His older son made the monthly payments on the house <br />until 2009 and then paid off the house. Even though Plaintiff filed a divorce <br />Page of <br />
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