In re the Marriage of Hammack

Duncan and Jeannette Hammack’s dissolution gave a disparate share of the couple’s property to Duncan in exchange for Jeanette not being required to pay child support for their remaining minor child. We uphold the trial court’s vacation of the dissolution decree concerning the property settlement under CR 60(b)(ll) as an extraordinary circumstance. We hold that the agreement for Duncan to receive a disparate share of the property was not a prepayment to satisfy child support, but rather an unenforceable attempt to avoid child support. We affirm and remand for a hearing regarding an appropriate…