Family Law Reporter: Index-Summary

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

– Parental rights improperly terminated since African-American man believed wife's “white” child not his own, no abandonment (Neb. Ct. App.), 1358

ABDUCTION OF CHILD

See CHILD ABDUCTION

ABUSE

– Adult

See DOMESTIC VIOLENCE

– Child

See CHILD ABUSE

– Drugs

See DRUGS

ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

ADOPTION

– 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
– 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 adopted-out daughter may seek visits with children of now-deceased daughter (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

– Interstate dispute, PKPA applies in ordering mother to return child to adoptive parents (Ill. App. Ct.), 1087
– Native Americans

– – Timing of parental rights relinquishment hearing violated ICWA, unappealed adoption decree vacated (D. Utah), 1375
– – Unwed father's noncompliance with state parentage law, claim of ICWA applicability not barred despite (Ariz. Ct. App.), 1202

– Parental rights loss

See PARENTAL RIGHTS TERMINATION

– Paternity issues

See PATERNITY

– Pregnancy of adoptive mother, failure to disclose insufficient basis to terminate placement (Neb.), 1040
– Same-sex couples

See SEXUAL ORIENTATION

– Stepparents

– – 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 biological parent, adoption of own child not in best interest of child (Ark.), 1211
– Unmarried cohabitants, Ark. voters approve adoption ban, 1023
– Wills and estates, 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

– Wrongful adoption, nondisclosure of birth parent's schizophrenia not negligent misrepresentation by adoption agency (Pa.), 1200

ADR (ALTERNATIVE DISPUTE RESOLUTION)

See MEDIATION

ADULT CHILDREN

– Adoption of adult children, wills and estates

– Child support

– – 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

– Life insurance, divorcing father improperly ordered to include adult child as beneficiary of policy (Ga.), 1371
– 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

ADULTERY

– 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
– Property division, infidelity and deception as to paternity of child do not affect (N.Y. App. Div.), 1233

ALABAMA

– Adoption, consent of adjudicated father required despite failure to file with putative father registry (Ala. Civ. App.), 1018
– Alimony, same-sex relationship of obligee not basis for ending support (Ala. Civ. App.), **1100
– Attorneys, nonrefundable retainer fee and unclear loan note between divorce lawyer and client violated ethics rules (Ala.), 1308
– Divorce actions, death of party during

– – 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

– Life insurance, divorce decree not recognizing right of alternate payee to participant's policy or benefits is not QDRO (M.D. Ala.), 1260
– Property division, novation theory improperly used to modify final division (Ala. Civ. App.), 1042

ALASKA

– Child support, interest paid on money owed to ex-spouse under property division included as income (Alaska), 1212
– Native Americans, mother in CINA action may revoke “Indian custodian” status given to father after termination of his parental rights (Alaska), 1274

ALIENATION OF AFFECTIONS

– E-mail and telephone contact with man's wife, actions by out-of-state paramour warrant personal jurisdiction (N.C.), 1392

ALIENS AND CITIZENSHIP

– 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

– Domestic violence, First Am. violated by protection order barring interference with immigration status (Wash. Ct. App.), 1185
– Hague Convention

See HAGUE CONVENTION

ALIMONY

– Attorneys' fees, obligor who ceased paying alimony without court order not entitled to award (Va. Ct. App.), 1392
– Bankruptcy issues

– – Marital debt, obligor paying debt that obligee discharged granted support reduction improperly (Neb. Ct. App.), **1068
– – Obligor's insolvency matter, state court may award attorneys' fees incurred by former spouse enforcing support award in (Fla. Dist. Ct. App.), 1056

– Car of remarried obligee, obligor may stop making payments that were designated as “alimony” in divorce settlement (Ga.), 1285
– Cohabitation by obligee

See COHABITATION

– Health of obligee, lack of anticipated decline not basis for support change (Tenn. Ct. App.), 1080
– Immigrant wife not entitled to support despite husband filing Affidavit of Support (Kan. Ct. App.), 1320
– 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

– Laid-off obligor, pay received for training replacement is severance pay covered by support pact (Ohio Ct. App.), 1080
– Life insurance, obligor properly ordered to obtain policy to cover support duty (Fla. Dist. Ct. App.), 1080
– 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

– New spouse of obligor, income not imputed to obligor (S.D.), 1220
– Palimony, no promise of lifetime support despite 20-year relationship (N.J. Super. Ct. App. Div.), 1006
– Premarital pact, property waiver may not be negated by alimony claim (S.D.), 1305
– Property division, wife not entitled to credit for support paid to first wife (N.Y.), 1303
– Rehabilitative support may last longer than marriage (N.D.), 1044
– Relocation, income not imputed to obligor taking lower paying job instead of moving (S.C. Ct. App.), 1296
– Same-sex relationship of obligee not basis for ending support (Ala. Civ. App.), **1100
– “Substantial” change in circumstances required to modify support (Ohio), 1272
– 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

– Transitional support, change in award for remarried obligee upheld (Tenn. Ct. App.), 1187

ALTERNATIVE DISPUTE RESOLUTION (ADR)

See MEDIATION

AMERICAN INDIANS

See NATIVE AMERICANS

AMERICANS WITH DISABILITIES ACT (ADA)

– Parental rights loss, no sua sponte duty to raise ADA applicability to disabled parent (N.M. Ct. App.), 1190

ANIMALS

– Property division, former fiancee may seek specific performance of oral pact as to ownership of pet dog (N.J. Super. Ct. App. Div.), 1219

ANNULMENT

– 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

ANTENUPTIAL AGREEMENTS

See PREMARITAL AGREEMENTS

APPEALS

– Adoption, Native American mother, timing of parental rights relinquishment hearing violated ICWA so unappealed adoption decree vacated (D. Utah), 1375
– Child abuse/neglect

– – 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

– Child protective order, no assessment of appellate court docket fees against petitioner (Mo. Ct. App.), 1140
– Dependency matter, adoption-related orders entered during action are appealable (Cal.), 1344
– Fugitive disentitlement doctrine

– – Child abduction

– – – Adverse custody order, absconding mother's appeal barred (N.D.), **1039
– – – Hague Convention appeal, doctrine applicable (Va.), 1015

– – Property division, divorced contemnor's appeal barred (S.C. Ct. App.), 1275

ARIZONA

– Attorneys' fees, no special consideration for pro se divorce litigant in deciding fee request by spouse (Ariz. Ct. App.), 1116
– 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

– Property division, formula for calculating community interest in home spouse acquired pre-marriage (Ariz. Ct. App.), 1119
– Same-sex marriage, ban approved by voters, 1023

ARKANSAS

– 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

– Child support

– – 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
– – 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

– Common law marriage, dissolution action barred by failure to prove valid out-of-state union (Ark. Ct. App.), 1310
– 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

ARMED SERVICES

– Child support jurisdiction, servicemember obligor domiciled out of state despite apartment near in-state duty station (Ga. Ct. App.), **1032
– Custody

– – 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

– Pensions

– – 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
– – 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

ASSISTED REPRODUCTION

– 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
– Same-sex married couple, adoption allows genetic mother of child gestated by spouse to ensure foreign recognition of parentage (N.Y. Surr. Ct.), 1291
– Surrogacy

– – 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

– Workers' compensation, no dependency benefits for child born from frozen embryo implanted in wife of deceased worker (Ark. Ct. App.), 1047

ATTORNEYS

– 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

– Client privilege

– – 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

– Conflicts of interest

– – Business transactions with client, lawyer suspended for having client secure fee payment by signing unclear loan note (Ala.), 1308
– – Lawyer-mediator may not draft divorce papers for unrepresented persons (Tex. ethics opinion), 1011
– – Public law center not disqualified from successive representation of parent and child (Cal.), 1016

– Fees

See ATTORNEYS' FEES

– 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

ATTORNEYS' FEES

– Adoption expenses, public defender aiding judicial review of attorney applications may not challenge awards given (Okla.), 1044
– Alimony

– – 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
– Charging lien of divorce client to be satisfied with funds awarded from IRA of former spouse (N.Y. App. Div.), 1369
– Child support modification, mother entitled to entire amount of fees requested given fraud by father in concealing income (Pa. Super. Ct.), 1392
– 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

– – Request for fee award excessive (E.D. Pa.), 1081
– – Respondent with limited means, fee award for pro bono counsel denied (C.D. Ill.), 1093

– Malpractice suit may seek as damages fees incurred in remedying injury from divorce counsel unpreparedness (Ill. App. Ct.), 1127
– Nonrefundable retainer pacts

– – Divorce retainer agreement upheld (Mich.), 1123
– – Excessive fees, divorce lawyer suspended for charging client flat fee treated as nonrefundable agreement (Ala.), 1308

– Premarital pacts, fee waiver clauses

– – 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

– Pro se divorce litigant, no special consideration in deciding fee request by spouse (Ariz. Ct. App.), 1116
– Property division, contingent fee received after divorce filing properly deemed marital (Tenn. Ct. App.), 1035
– Support award enforcement, state court may award fees incurred by former spouse in obligor's bankruptcy matter (Fla. Dist. Ct. App.), 1056