Family Law Reporter: Index-Summary

BANKRUPTCY

– Alimony

– – In gross award must be based on obligor's estate at time of judgment (Ala.), 1404
– – Support reduction, obligor paying marital debt that obligee discharged improperly granted (Neb. Ct. App.), **1068

– Attorneys' fees, state court may award fees incurred by former spouse enforcing support awards in obligor's insolvency matter (Fla. Dist. Ct. App.), 1056
– Divorce

– – Hold-harmless clause in decree valid despite lack of intervention by ex-spouse in insolvency matter (Minn. Ct. App.), 1331
– – Interspousal agreements, bankrupt debtor must indemnify ex-wife for her payment of marital debt he assumed under settlement pact (Ark. Ct. App.), 1273
– – Mortgage and taxes, dischargeability of divorce-related debts must be reweighed (Ind. Ct. App.), 1173
– – Nonsupport provisions of judgment not dischargeable (U.S., rev sought), 1071; (rev den), 1143
– – Stipulated settlement agreement, couple's pact disposes of pending litigation between them (E.D. Mich.), 1259

BENEFITS, EMPLOYMENT

See EMPLOYEE BENEFITS

BEST INTERESTS OF CHILD

– Adoption

– – Pregnancy of adoptive mother, failure to disclose insufficient basis to terminate placement (Neb.), 1040
– – Unmarried biological parent, adoption of own child properly denied (Ark.), 1211

– Custody

– – Child protective matters, custody award by juvenile court controlled by best interests (Mich. Ct. App.), 1305
– – Friend of Court psychological evaluation, refusal to follow custody recommendation upheld (Mich. Ct. App.), 1188
– – Home-schooled child, ordering public school enrollment without weighing best interests improper (Mich. Ct. App.), 1139
– – In-state relocation, best interests control limitation on (Minn. Ct. App.), 1225
– – Nonparent, best interest test applies to request for joint custody (La. Ct. App,), 1363
– – School placement, parental dispute decided under best interests test (Ariz. Ct. App.), **1340

– Guardian of children, parental testamentary nomination must be weighed against best interests (Neb. Ct. App.), 1141
– Mental health records of child, best interests control parental right of access (Iowa), 1267
– Parental rights of mother jailed for preconception crime, termination not in child's interests (Ind.), 1293
– Paternity, legitimation matter does not require best interest analysis (N.C. Ct. App.), 1149

BIGAMY

– Divorce finalization, man was married to two wives at once despite entering into void marriage before (6th Cir.), **1210

BURDEN OF PROOF

See also PRESUMPTIONS
– Child support arrearages, alleged contemnor must show current inability to pay (D.C.), **1316
– Domestic violence, preponderance of evidence standard not due process violation (N.J. Super. Ct. App. Div.), 1378
– Parental rights loss, Native Americans

– – Late and vague claim of Indian heritage, father did not meet burden of providing enough proof to require further inquiry into ICWA applicability (Me.), **1365
– – State law findings, ICWA reasonable doubt standard inapplicable to (Ariz.), **1124