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Vol. 35, Nos. 1-48, pp. 1001-1588 Nov. 4, 2008 -- Oct. 27, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
ABANDONMENT
Divorce grounds, rebuffed spouse need not repeatedly request sexual relations for constructive abandonment claim (N.Y. Sup. Ct.), 1382
Intestate children, inheritance from
Leaving child before birth, father may inherit despite (Cal. Ct. App.), 1106
Support-paying father, inheritance upheld despite lack of contact with child (Ohio Ct. App.), 1299
See CHILD ABDUCTION
Annulment must be vacated when biological mother not given notice (Me.), 1477
Attorney expenses, public defender aiding judicial review of applications may not challenge awards given (Okla.), 1044 Dependency matter, adoption-related orders entered during action are appealable (Cal.), 1344 Domestic violence, family offense law covers adopted child and birth parent (N.Y. Fam. Ct.), 1164 Foreign adoption, act of state doctrine inapplicable (N.Y. App. Div.), 1053 Former foster parents lack standing to seek to adopt child in preadoptive placement (S.C. Ct. App.), **1558 Foster children, no private right of action under federal adoption assistance law for civil rights claims against state officials (N.D. Okla.), 1151 Fraud, unwed father's action to set aside adoption (U.S., rev den), 1275 Grandparent visitation
Natural grandmother, mother of deceased adopted-out daughter may seek visits with children (N.H.), 1356
Standing of paternal grandfather to seek visits, adoption of children by maternal grandmother and husband does not affect (Ind. Ct. App.), 1189 Hmong cultural adoption not valid under Thai law not binding in UIFSA support action (Minn. Ct. App.), 1474 Implied consent, unwed father's filing paternity action thwarts finding (Ind.), 1402 Interstate dispute, PKPA applies in ordering mother to return child to adoptive parents (Ill. App. Ct.), 1087 Judge may not sua sponte decide what attorneys' fees are reasonable (Pa. Super. Ct.), 1508 Mother's visitation motion, deferral to Ala. court issuing adoption order proper (Ky.), 1498 Native Americans
Birth certificate, correction to show ancestry (Cal. Ct. App.), 1454
Timing of parental rights relinquishment hearing violated ICWA, unappealed adoption decree vacated (D. Utah), 1375 Unwed couple's unified voice re placement of child with non-Indian couple provided good cause under ICWA (Okla. Ct. Civ. App.), 1587 Unwed father's noncompliance with state parentage law, claim of ICWA applicability not barred despite (Ariz. Ct. App.), 1202 Parental rights loss
See PATERNITY
Same-sex couples
Default judgment estops relitigation of marital validity (Ark.), **1076
Jailed father improperly denied transportation to adoption hearing (Kan. Ct. App.), 1367 Surrogate mother, children born to, adoption decree granted to nonresident vacated given noncompliance with ICPC (Ind.), 1261 Unmarried persons
Biological parent, adoption of own child not in best interest of child (Ark.), 1211
Cohabitants, Ark. voters approve adoption ban, 1023
Adoption of adult children
Foreign adoption, decree entered into solely for inheritance reasons entitled to full faith and credit (Neb.), **1256
Remainder interest, adult adopted by testator's son entitled to share after death of adopter (Ga.), 1119
See MEDIATION
Adoption, wills and estates
Foreign adoption, decree entered into solely for inheritance reasons entitled to full faith and credit (Neb.), **1256
Remainder interest, adult adopted by testator's son entitled to share after death of adopter (Ga.), 1119
Arrearages, contempt may be used to enforce payment after child reaches age of majority (D.C.), **1316
Disabled adult child, no parental duty to support (Kan. Ct. App.), 1196 Loss of consortium, parental claim for injury to adult child (U.S., rev sought), 1167; (rev den), 1215 Wrongful birth, parents may seek damages to cover costs of caring for disabled adult child (Ill. App. Ct.), 1294
Alienation of affections, out-of-state paramour's contact with man's wife warrants personal jurisdiction (N.C.), 1392
Divorce, discovery of records from spouse's law firm denied despite claimed affair with client (R.I.), 1033 Domestic violence, adulterous petitioner denied protective order against paramour (N.Y. Fam. Ct.), 1297 Interspousal agreement waived use as bar to alimony (S.C.), 1500 Property division, infidelity and deception as to paternity of child do not affect (N.Y. App. Div.), 1233
Adoption, consent of adjudicated father required despite failure to file with putative father registry (Ala. Civ. App.), 1018
Alimony
In gross award must be based on obligor's estate at time of judgment (Ala.), 1404
Same-sex relationship of obligee not basis for ending support (Ala. Civ. App.), **1100
Death of party during action
Interlocutory order as to property rights unenforceable since action abated upon death (Ala. Civ. App.), 1095
Separable finality rule not adopted, action abated since party died before final hearing (Ala. Civ. App.), 1067 Nonrefundable retainer fee and unclear loan note between lawyer and client violated ethics rules (Ala.), 1308 Parental rights termination does not bar future child support duty (Ala.), **1567 Property division, novation theory improperly used to modify final division (Ala. Civ. App.), 1042 Term life insurance policy not marital property (Ala. Civ. App.), **1423 Termination of parental rights, adopters must file in state placing children in custody (S.C. Ct. App.), 1413 Uninsured/underinsured motorist insurance benefits, noncustodial parent's child not away at school (Ala.), 1406
Child support, interest paid on money owed to ex-spouse under property division included as income (Alaska), 1212
Custody, mother seeking court help re scheduling need not show change in circumstances (Alaska), 1526 Native Americans
CINA proceeding, trial court need not make removal findings under ICWA to extend state custody of child pending efforts to reunite with mother (Alaska), 1515
Mother in CINA action may revoke Indian custodian status given to father after termination of his parental rights (Alaska), 1274 Visitation, supervision, self-executing provision upon completing domestic violence program improper (Alaska), 1467
E-mail and telephone contact with man's wife, actions by out-of-state paramour warrant personal jurisdiction (N.C.), 1392
Federal diversity jurisdiction, claim failing to meet amount in controversy requirement must be remanded to state court (W.D.N.C.), 1503
Alimony, immigrant wife not entitled despite husband filing Affidavit of Support (Kan. Ct. App.), **1320
Divorce, Hindu Marriage Act
Customary dissolution under Act defeats surviving spouse claim (Ohio Ct. App.), 1329
Evidence of marriage date, refusal to take judicial notice of Act improper (Ohio Ct. App.), 1070 Hague Convention
See HAGUE CONVENTION
Attorneys' fees, obligor who ceased paying without court order not entitled to award (Va. Ct. App.), 1392
Bankruptcy issues
Marital debt that obligee discharged, obligor paying improperly granted support reduction (Neb. Ct. App.), **1068
Obligor's insolvency matter, state court may award attorneys' fees incurred by former spouse enforcing support award (Fla. Dist. Ct. App.), 1056
In gross award must be based on obligor's estate at time of judgment (Ala.), 1404
Laid-off obligor, pay received for training replacement is severance pay covered by support pact (Ohio Ct. App.), 1080 New spouse of obligor, income not imputed to obligor (S.D.), 1220 Obligor's overtime income properly included (Ohio Ct. App.), 1524 Reinvested business funds not part of obligor income (Cal. Ct. App.), 1483 Relocation, income not imputed to obligor taking lower paying job instead of moving (S.C. Ct. App.), 1296 Cohabitation by obligee
See COHABITATION
Immigrant wife not entitled to support despite husband filing Affidavit of Support (Kan. Ct. App.), **1320 Interspousal agreement waived use of adultery as bar to receipt (S.C.), 1500 Jurisdiction
Court-approved stipulation that Or. assume authority, Cal. authority ceded (Or. Ct. App.), 1292
Religious community, challenge to state order to pay member's support duty barred by Rooker-Feldman doctrine (D. Minn.), 1333 Marital home
Equity in home, grant to divorcing spouse in lieu of alimony improper (Mo. Ct. App.), 1221
Involuntary job loss, duty to pay mortgage on former home covered in pact to end support upon (Tenn. Ct. App.), 1056 Proceeds from sale of home, portion awarded as pendent lite support not part of divisible marital estate (Tenn. Ct. App.), 1366
Changed circumstances criteria for successive petitions defined (Neb.), 1463
Health of obligee, lack of anticipated decline not basis for support change (Tenn. Ct. App.), 1080 Obligee self-sufficiency is changed circumstance (Ky. Ct. App.), 1512 Receipt of inheritance by ex-wife justified reduction in ex-husband's obligation (S.C. Ct. App.), 1478 Same-sex relationship of obligee not basis for ending support (Ala. Civ. App.), **1100 Second-look clause in agreement does not require finding of substantial change in circumstances (Conn. App. Ct.), 1524 Substantial change in circumstances required (Ohio), 1272 Transitional support, change in award for remarried obligee upheld (Tenn. Ct. App.), 1187 Premarital agreements
Contract discussion alimony made in contemplation of divorce, 2 witnesses not required (Ga.), **1407
Property waiver may not be negated by alimony claim (S.D.), 1305 Rehabilitative support may last longer than marriage (N.D.), 1044 Retiree termination motion subject to bad faith challenge regardless of age (Minn. Ct. App.), **1414 Taxation issues
Child support duty unmet, no alimony deduction (T.C.), 1106
Court-ordered attorneys' fees paid to former spouse, no alimony deduction (T.C.), 1010
See MEDIATION
See NATIVE AMERICANS
Parental rights loss, no sua sponte duty to raise ADA applicability to disabled parent (N.M. Ct. App.), 1190
Property division, former fiancee may seek specific performance of oral pact re ownership of pet dog (N.J. Super. Ct. App. Div.), 1219
Deceased man's daughter lacks standing to seek annulment of his marriage to caregiver (Cal. Ct. App.), 1546
Fraud, nondisclosure of number of prior marriages, annulment upheld (Tex. Ct. App.), 1380 Presumption of marriage validity not overcome despite wife's belief that prior marriage not over, annulment improperly granted (Fla. Dist. Ct. App.), 1344
Adoption
Dependency matter, adoption-related orders entered during action appealable (Cal.), 1344
Native American mother, timing of parental rights relinquishment hearing violated ICWA, unappealed adoption decree vacated (D. Utah), 1375
CINA case, order shifting custody entitled to interlocutory review (Md.), 1186
Native Americans, appeal not barred despite failure to raise ICWA challenge (N.M. Ct. App.), 1317 Fugitive disentitlement doctrine
Child abduction
Adverse custody order, absconding mother's appeal barred (N.D.), **1039
Hague Convention appeal, doctrine applicable (Va.), 1015 Sperm donor identity, dismissal of action to discover not immediately appealable (Mass. App. Ct.), 1545
Attorneys' fees, no special consideration for pro se divorce litigant in deciding fee request by spouse (Ariz. Ct. App.), 1116
Child support, high-income MLB player, standard of living of nonmarital child based on lifestyle of intact family (Ariz. Ct. App.), 1467 Education, divorced parent's religious objection insufficient to prevent child from attending private religious school, best interest test controls (Ariz. Ct. App.), **1340 Native Americans
Adoption, claim of ICWA applicability not barred despite unwed father's noncompliance with state paternity law (Ariz. Ct. App.), 1202
Custody, tribal court lacks exclusive jurisdiction despite issuing first order (Ariz. Ct. App.), 1171 Parental rights termination, ICWA reasonable doubt standard inapplicable to state law findings (Ariz.), **1124 Same-sex marriage, ban approved by voters, 1023
Adoption
Stepparent, default judgment estops relitigation of marital validity (Ark.), **1076
Unmarried biological parent, adoption of own child not in best interest of child (Ark.), 1211 Unmarried cohabitants, voters approve ban on adoption and foster care by, 1023
Interest on arrearages, accrual begins on date support should have been paid (Ark. Ct. App.), 1223
Lump-sum disability payments to child, equity controls credit against arrearages (Ark.), **1027 Salaried father, obligation improperly calculated based on income received while self-employed (Ark. App.), 1585 Subchapter S firm, undistributed earnings treated as income to obligor (Ark. Ct. App.), 1286 Voluntary overpayment, obligor estopped from claiming credit for (Ark. Ct. App.), 1224; judg aff (Ark.), 1525 Guardianship, change of circumstances test does not apply to termination petition (Ark.), 1559 Interspousal agreements, bankrupt debtor must indemnify ex-wife for her payment of marital debt that he assumed under settlement pact (Ark. Ct. App.), 1273 Paternity, suit by biological father to establish parentage of child born to married woman not barred by laches (Ark. Ct. App.), 1286 Public retirement system, benefits paid to injured state employee were for disability despite classification as retirement pay by state (Ark. Ct. App.), 1310 Visitation, award to grandparent after custody dispute with parent not premature (Ark. Ct. App.), 1236 Workers' compensation, dependency benefits denied to child born from frozen embryo implanted in wife of deceased worker (Ark. Ct. App.), 1047
Child support
Calculation, obligor income, military housing and subsistence allowances should be included (N.Y. App. Div.), **1557
Jurisdiction, servicemember obligor domiciled out of state despite apartment near in-state duty station (Ga. Ct. App.), **1032
Emergency jurisdiction, nonresident custodial father's pending deployment improper basis for (Ky. Ct. App.), 1188
Modification law, military custodial parent does not relinquish child despite future deployment (Tex. Ct. App.), 1353 Temporary absence under UCCJEA, military family's time overseas not included (Neb.), **1063
Adjudicated property settlement, state court enforcement not federally preempted (Or. Ct. App.), 1343
All survivors' benefits accorded by law, pension of husband not included in settlement pact grant to wife (Miss. Ct. App.), 1357 Deceased veteran, claim by widow for survivor benefits revived despite short length of marriage (Fed. Cir.), 1057 Divorce, delay to increase benefit eligibility, court denial of wife's request not abuse of discretion (Okla. Ct. Civ. App.), 1586 Failure to identify marital portion results in relief from judgment (Ky. Ct. App.), **1581 Long separation, portion of pension deemed marital property unaffected by (Mo. Ct. App.), 1070 Marital share of pension in payout status at time of divorce, calculation of (Va. Ct. App.), 1141 Other property, waiver by wife in separation pact bars share of post-separation benefits and housing allowance (Ind. Ct. App.), 1332 Taxation, retirement plan payments to ex-wife included in her gross income (T.C.), 1091 Temporary Disability Retired List benefits, ex-wife not entitled to share of (Colo. Ct. App.), 1183
Child support, man inseminating wife with donated sperm owes support despite conception process not in conformity with state law (Or. Ct. App.), 1381
Destruction of IVF embryo, Wrongful Death Act inapplicable (Ill. App. Ct.), 1017 Frozen embryos, contract with cryopreservation lab controls post-divorce custody (Ohio Ct. App.), 1561 Same-sex couples
Artificial insemination parentage law violates rights of mother's same-sex partner (Or. Ct. App.), 1411
Married partners, adoption allows genetic mother of child gestated by spouse to ensure foreign recognition of parentage (N.Y. Surr. Ct.), **1291 Sperm donors
Identity, dismissal of action to discover not immediately appealable (Mass. App. Ct.), 1545
Waiver of parental rights, prevailing donor entitled to attorneys' fees (Ga. Ct. App.), 1405
Adoption of children born to surrogate, decree granted to nonresident vacated given noncompliance with ICPC (Ind.), 1261
Birth certificates of twins may be amended to show surrogate's lack of parental rights (Pa. Super. Ct.), 1137 Breach of surrogacy contract, claim against deceased father's Tex. estate by children born as result of Cal. pact is governed by Cal. limitations period (Cal. Ct. App.), 1358 Sperm depositor, estate not entitled to specimens for surrogate usage (N.Y. App. Div.), 1209
Advertising, ethics rule on trade names must be reexamined given challenge by divorce mediation center (N.J.), 1284
Child support, lawyers as parties
Frivolous defense asserted, lawyer acting pro se during suspension disbarred (Va.), 1307
Law student parent, no voluntarily impoverishment despite only working during summer (Md. Ct. Spec. App.), 1064
Records from spouse's law firm, divorcing wife not entitled despite claimed affair with client (R.I.), 1033
Threats by client to harm third parties, lawyer in juvenile care and protection matter need not disclose to grand jury (Mass.), 1284
Business transactions with client, lawyer suspended for having client secure fee payment by signing unclear loan note (Ala.), 1308
Husband, wife, and wife's conservator, representation of all 3 improper (N.H.), 1549 Lawyer-mediator may not draft divorce papers for unrepresented persons (Tex. ethics opinion), 1011 Lawyer-mediator may represent one spouse in divorce after doing mediation (Ohio ethics opinion), 1403; text of opinion, 1404 Public law center not disqualified from successive representation of parent and child (Cal.), 1016
See ATTORNEYS' FEES
Husband's life insurance proceeds, lawyer may have duty to former client when later representing stepsons (S.C. Ct. App.), 1415 Malpractice
Damages, suit may seek counsel fees incurred in remedying injury from divorce lawyer unpreparedness (Ill. App. Ct.), 1127
Outcome of divorce, suit dismissed despite speculation by client on result if matter had been tried (Wash. Ct. App.), 1032 Premarital pact, suit proceeds despite client settling divorce (N.H.), 1125 Privacy, no HIPAA cause of action against law firm over medical records mistakenly given to custody opponent (Ky. Ct. App.), 1007 Retainer pact, promise to be professionally responsive supports contract breach suit by client (Md. Ct. Spec. App.), 1163 Sexual relationship with divorce client, lawyer may sue police for sharing sex tape with others (Tenn. Ct. App.), 1091 State bar, no violation of dissenting members' free speech rights by allowing section to file amicus brief on gay adoption (Fla.), 1379 Unauthorized practice, intervention by Native American tribe in custody matter, ICWA preempts state law requiring representation by attorney (Neb.), 1394 Will-drafting lawyer liable to client's children for helping him violate divorce judgment (Wis.), 1427
Adoption
Expenses, public defender aiding judicial review of attorney applications may not challenge awards given (Okla.), 1044
Judge may not sua sponte decide what is reasonable (Pa. Super. Ct.), 1508
Court-ordered fees paid to former spouse, no tax deduction for (T.C.), 1010
Termination of support, obligor who ceased paying without court order not entitled to fee award (Va. Ct. App.), 1392 Business transactions with client, lawyer violated ethics rule by having client secure fee payment by signing unclear loan note (Ala.), 1308 Child support modification, mother entitled to entire amount of fees requested given fraud by father in concealing income (Pa. Super. Ct.), 1392 Divorce
Award subject to constructive trust (Okla.), 1417
Charging lien of client to be satisfied with funds awarded from IRA of former spouse (N.Y. App. Div.), 1369 Judge who appointed lawyer as mediator while negotiating fee in his own divorce sanctioned (Minn.), 1523 Malpractice suit may seek as damages fees incurred in remedying injury from counsel unpreparedness (Ill. App. Ct.), 1127 Pendente lite claim ends with death of party (N.Y. App. Div.), 1466 Pro se litigant, no special consideration in deciding fee request by spouse (Ariz. Ct. App.), 1116 Property division, contingent fee received after filing properly deemed marital (Tenn. Ct. App.), 1035 Free legal services provided to party in domestic relations case, fee award not barred (Md. Ct. Spec. App.), **1304 GALs in paternity cases, appointed lawyers not entitled to attorney billing rate for guardian duties (Ind. Ct. App.), 1103 Hague Convention, fees for prevailing parties
Rates must be reduced to those more commensurate to the local geographic area (M.D. Fla.), 1537
Request for fee award excessive (E.D. Pa.), 1081 Respondent with limited means, fee award for pro bono counsel denied (C.D. Ill.), 1093
Divorce retainer agreement upheld (Mich.), 1123
Excessive fees, divorce lawyer suspended for charging client flat fee treated as nonrefundable agreement (Ala.), 1308
Child support issues covered by clause so provision invalid (Ill. App. Ct.), **1130
Temporary award to divorcing party not barred (Fla. Dist. Ct. App.), 1035 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |