Family Law Reporter: Index-Summary

EDUCATION

– Alimony, compensatory support denied to wife who worked while husband attended dental school (Or. Ct. App.), 1513
– Child support

– – Arrears owed under foreign decree, FFCCSOA covers despite requirement to pay college expenses for same period (Wyo.), 1136
– – Documentary proof of college enrollment not given to obligor, retroactive support improper (Mo. Ct. App.), 1070
– – “Educational expenses,” pact to share does not include college costs (Ind. Ct. App.), 1173
– – Expenses incurred after son turned 18, agreement requires father to pay (Fla. Dist. Ct. App.), 1513
– – Law student parent, no voluntary impoverishment despite summer employment sole source of income (Md. Ct. Spec. App.), 1064
– – Married 32-year-old child entitled from father under agreement (S.D.), 1525
– – Noncustodial mother, order to share college costs proper despite pact providing for payment solely by father (Ind. Ct. App.), 1176
– – Parental agreement on college expenses, pact not specifying details invalid (La. Ct. App.), 1129
– – Private school, refusal to enforce stipulation that father pay all tuition expenses upheld (N.Y. App. Div.), 1261
– – “Reasonable college expenses” is benchmark in parental dispute over nature of costs to be split (Mass. App. Ct.), **1351
– – Repudiation claim rejected, obligor must pay part of college expenses (Iowa Ct. App.), 1020
– – Statutory ban on college expense orders, enforcement of stipulated parenting plan barred by (N.H.), 1153

– Custody

– – Decisionmaking authority for schooling issues, parent with sole custody controls unless issue addressed by divorce decree or custody order (N.Y.), 1297; noncustodial parent lacks standing under IDEA to contest special education services in public school (2d Cir.), 1370
– – Home-schooled child, ordering public school enrollment without weighing best interests improper (Mich. Ct. App.), 1139
– – Overseas schooling, parental pact that children attend full-time English-speaking school modified improperly (Fla. Dist. Ct. App.), 1249
– – Private religious school, parent's religious objection insufficient to prevent child from attending, best interests control (Ariz. Ct. App.), **1340
– – Strict scrutiny inapplicable to parental dispute over choice of child's school (Cal. Ct. App.), **1370

– Property division

– – Enhanced earning capacity from husband's business degree and brokerage licenses, calculation improper (N.Y. App. Div.), 1371
– – Payments on husband's student loan, wife not entitled to credit for (N.Y.), 1303
– – Retirement account cashed out to support family while husband in medical school, wife improperly reimbursed for (N.C. Ct. App.), 1058

– School receptionist not immune from suit re release of child to noncustodial parent (Ga.), 1419
– Unmarried child who gives birth not automatically emancipated (Mass. App. Ct.), **1453

EMANCIPATION

– Child's incarceration does not justify end to father's college support obligation (Ill. App. Ct.), **1441
– Oldest child, retroactive decrease in obligor child support payments to reflect proper (Miss. Ct. App.), 1562
– Unmarried child who gives birth not automatically emancipated (Mass. App. Ct.), **1453

EMPLOYEE BENEFITS

– Federal energy employees illness program, child support agency properly seized funds delinquent obligor received after death of father (Okla. Ct. App.), 1321
– 401(k) benefits

– – Deceased plan participant, daughters may sue estranged wife re breach of separation agreement waiver of right to proceeds (N.D. Ga.), 1562
– – Estate has claim where trustee was told to close account (D. Colo.), 1476
– – Net gain on premarital account balance is marital property (Tenn.), 1568

– Health insurance

See HEALTH INSURANCE

– Leave, property division

– – Civil service worker, sick leave amassed during marriage not divisible (Fla. Dist. Ct. App.), 1322
– – Vacation days and sick leave amassed during marriage not marital property (Ill. App. Ct.), **1052

– Life insurance

See LIFE INSURANCE

– Military benefits

See ARMED SERVICES

– Pension/retirement funds

See PENSIONS

– Prenuptial agreement cannot be valid waiver of surviving spouse right to pension under ERISA (D.N.J.), 1571
– Same-sex couples

See DOMESTIC PARTNERS; SAME-SEX MARRIAGE

– Severance pay, alimony support pact covers laid-off obligor's pay for training replacement (Ohio Ct. App.), 1080
– Welfare benefit plans, QDRO exception to ERISA preemption applies (D.N.H.), 1560
– Workers' compensation, no dependency benefits for child born from frozen embryo implanted in wife of deceased worker (Ark. Ct. App.), 1047

EMPLOYEE RETIREMENT INCOME SECURITY ACT

See ERISA

ENGAGEMENTS

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

EQUAL PROTECTION

– Attorney asserting frivolous defense in child support matter, lawyer acting pro se during suspension disbarred (Va.), 1307
– Parental rights termination, indigent parents, violations when record not filed in appeal (U.S., rev sought), 1551
– Sexual orientation issues

See SEXUAL ORIENTATION

– Wills and estates, exclusion of nonmarital child from bequest to “lawful descendants” upheld (Wash. Ct. App.), **1078

ERISA

– Annuities paid to ex-wife of deceased participant, dispute not covered (2d Cir.), 1427
– Cohabitants, order dividing pension benefits between unmarried couple is QDRO (9th Cir.), 1114
– Deceased 401(k) plan participant, daughters may sue estranged wife re breach of separation agreement waiver of right to proceeds (N.D. Ga.), 1562
– Jurisdiction, state courts may not decide whether domestic relations order is qualified (Minn. Ct. App.), 1079
– Negligence

– – Failure to remove ex-spouse from pension, claim preempted (E.D. Pa.), 1466
– – Health insurance plan, claim for disclosing address to former spouse not preempted (C.D. Cal.), 1319

– Slayer statute, state law not preempted (Nev.), **1245
– Waiver of pension benefits upon divorce, ex-wife trumps plan participant's estate since QDRO never submitted to employer (U.S., additional briefs sought), 1010; benefits properly paid to ex-wife despite waiver (aff), 1142; attorneys discuss impact of decision, 1227

ESTATES

See WILLS AND ESTATES

ESTOPPEL

– Child support, promissory estoppel bars obligor's claim to credit for voluntary overpayment (Ark. Ct. App.), 1224; judg aff (Ark.), 1525
– Custody, relitigation of domestic violence claim against parent collaterally barred (N.C. Ct. App.), 1235
– Default judgment on marital validity, relitigation in stepparent adoption collaterally barred (Ark.), **1076
– Paternity, extrinsic fraud claim not barred by collateral estoppel (Mo. Ct. App.), 1130

EVIDENCE

– Burden of proof

See BURDEN OF PROOF

– Custody, refusal to follow recommendation in Friend of Court's psychological evaluation upheld (Mich. Ct. App.), 1188
– Dependency

– – Exclusionary rule inapplicable to juvenile matter (Or.), 1161
– – Native Americans, drug use, expert testimony (R.I.), **1418

– Divorce

– – E-mails copied by wife from husband's account after separation admissible to prove concealment of income (N.Y. Sup. Ct.), 1315
– – Hindu Marriage Act

– – – Customary divorce under Act, evidence sufficient to defeat surviving spouse claim (Ohio Ct. App.), 1329
– – – Proof of marriage date, refusal to take judicial notice of Act improper (Ohio Ct. App.), 1070

– – Law firm of spouse, discovery of records denied despite claimed affair with client (R.I.), 1033
– – Nonparty witness, Tex. court issuance of document production order re Minn. action improper (Tex. Ct. App.), 1419

– Hague Convention, mother failed to show father's alleged abuse of her placed child at risk of grave harm upon return (E.D. Tex.), 1356
– Parental rights loss

– – Native Americans, ICWA reasonable doubt standard inapplicable to state law findings (Ariz.), **1124
– – Neglect finding under adoption code, termination order improperly based on same evidence found insufficient for (Mo. Ct. App.), 1154
– – Polygraph test, termination order vacated given prejudicial effect of inadmissible evidence (Colo. Ct. App.), 1330

– Presumptions

See PRESUMPTIONS

– Privileged communications

See PRIVILEGED COMMUNICATIONS

– Tax Court, consideration of request for innocent spouse relief not limited to administrative record (11th Cir.), 1175