Family Law Reporter: Index-Summary

FAMILY SUPPORT

– Child

– Jurisdiction

– – Court-approved stipulation that Or. assume authority, Cal. authority ceded (Or. Ct. App.), 1292
– – Religious community, Rooker-Feldman doctrine bars challenge to state order to pay member's support duties (D. Minn.), 1333

– Obligor IRA funds ordered transferred to trust for ex-wife taxable, IRS memo advises, 1491
– Spousal

See ALIMONY

FEDERAL PREEMPTION

See PREEMPTION

FEES

See ATTORNEYS' FEES

FFCCSOA (FULL FAITH AND CREDIT FOR CHILD SUPPORT ORDERS ACT)

See CHILD SUPPORT JURISDICTION

FIREARMS AND WEAPONS

– Domestic violence defendant, ban on gun possession does not violate Second Am. (N.J. Super. Ct. App. Div.), 1378

FIRST AMENDMENT

– Attorneys, state bar did not violate dissenting members' free speech rights by allowing section to file amicus brief on gay adoption (Fla.), 1379
– Confidentiality pact, divorce-related agreement is valid waiver of wife's free speech rights, no prior restraint (Conn.), 1376
– Domestic violence, protection order barring interference with immigration status is invalid prior restraint (Wash. Ct. App.), 1185
– Validity of marriage after religious ceremony in India before enactment of Hindu Marriage Act may not be decided by court (N.Y. App. Div.), 1563

FLORIDA

– Alimony

– – Incarcerated obligee, sharing prison cell is cohabitation so support ended (Fla. Dist. Ct. App.), 1081
– – Life insurance, obligor properly ordered to obtain policy to cover support duties (Fla. Dist. Ct. App.), 1080

– Annulment granted improperly, presumption of marriage validity not overcome despite wife's belief that prior marriage not over (Fla. Dist. Ct. App.), 1344
– Attorneys' fees, state court may award fees incurred by former spouse enforcing support awards in obligor's bankruptcy matter (Fla. Dist. Ct. App.), 1056
– Child support, agreement requires father to pay education expenses incurred after son turned 18 (Fla. Dist. Ct. App.), 1513
– Custody

– – Jurisdiction, French court finding not in substantial conformity with UCCJEA home state standard (Fla. Dist. Ct. App.), 1225
– – Overseas education, parental pact that children attend full-time English-speaking school modified improperly (Fla. Dist. Ct. App.), 1249

– Hague Convention, mother claiming grave risk granted motion for psychological exam of children (S.D. Fla.), 1082; disciplinary spankings by parent not grave risk but undertakings imposed after return of children, 1113
– Open adoption, private Fla. agreement not entitled to full faith and credit (N.C. Ct. App.), 1425
– Paternity

– – Adoption consent required despite failure to update putative father registry with new address (Fla. Dist. Ct. App.), 1166
– – Part-year resident defendant, subject-matter jurisdiction exists to determine parentage of child living in Guatemala (Fla. Dist. Ct. App.), 1286
– – Wrongful death recovery, presumption of legitimacy (Fla. Dist. Ct. App.), 1454

– Premarital agreements

– – Attorneys' fees, waiver clause does not bar temporary award to divorcing party (Fla. Dist. Ct. App.), 1035
– – Duress before signing, divorcing wife must provide husband with contact data of health professionals (Fla. Dist. Ct. App.), 1034
– – “Separation and reconciliation” clause, divorce and remarriage not covered by (Fla. Dist. Ct. App.), 1046

– Property division

– – Civil service worker, sick leave amassed during marriage not divisible (Fla. Dist. Ct. App.), 1322
– – Passive appreciation of nonmarital real property, spouse not entitled to share of (Fla. Dist. Ct. App.), 1322
– – Private disability insurance policies, wife improperly granted share of husband's post-age 65 benefits (Fla. Dist. Ct. App.), **1238
– – Proceeds from lawsuit re non-marital asset are husband's separate property (Fla. Dist. Ct. App.), 1431
– – Schedule of marital property, failure to list same assets as spouse not waiver of property interest (Fla. Dist. Ct. App.), 1179

– Same-sex couples

– – Adoption

– – – Foreign second-parent adoption, state public policy against same-sex adoptions does not bar recognition of (Fla. Dist. Ct. App.), 1320
– – – State bar, no violation of dissenting members' free speech rights by allowing section to file amicus brief on gay adoption (Fla.), 1379
– – – Statutory ban invalid (Fla. Cir. Ct.), 1051

– – Marriage, ban approved by voters, 1023

FOSTER CARE

– Car insurance for foster child, county need not pay for (Cal.), 1140
– Child neglect, mother's religion-based opposition to immunization of children in foster care upheld (N.Y. Fam. Ct.), 1152
– Custody jurisdiction, former foster parents are “persons acting as parents” under UCCJEA (Wash.), 1164
– Federal adoption assistance law, foster children lack private right of action for civil rights claim against state officials (N.D. Okla.), 1151
– Same-sex couple, foster child improperly removed from home for placement in “traditional” home (W. Va.), 1355
– Unmarried cohabitants, Ark. voters approve ban on foster care by, 1023

401(k) PLANS

See PENSIONS

FOURTH AMENDMENT

– Dependency, exclusionary rule inapplicable to juvenile matter (Or.), 1161
– Privacy, order by juvenile court for drug testing of delinquent child's parent invalid (Utah), 1199

FRAUD

– Adoption, unwed father's action to set aside (U.S., rev den), 1275
– Annulment, nondisclosure of number of prior marriages sufficient basis (Tex. Ct. App.), 1380
– Child support

– – Attorneys' fees, mother entitled to entire amount requested given father's concealment of income (Pa. Super. Ct.), 1392
– – Impostor posing as mediator, arrearage pact negotiated by obligor's friend properly set aside (Tenn. Ct. App.), 1153
– – Paternity, no fraud by mother so no reimbursement of support paid for nonmarital child (Miss. Ct. App.), 1094
– – Uniform Fraudulent Transfer Act (UFTA), obligee is “creditor” under (Ohio Ct. App.), 1381

– Hague Convention, motion to reopen closed case properly denied since no fraud on the court (D. Nev.), 1068
– Marital asset settlement, woman who sued ex-husband may recover from lawyer (Minn. Ct. App.), 1439
– Marriage, fraudulent inducement claim dismissed (U.S., rev sought), 1383; (rev den), 1551
– Paternity

– – Extrinsic fraud claim, res judicata and collateral estoppel do not bar (Mo. Ct. App.), 1130
– – Property division, adultery and deception as to parentage do not affect (N.Y. App. Div.), 1233

– Property division, pre-divorce fraudulent transfer of gifted land to sibling bars enforcement of contract for return of property (Wis. Ct. App.), 1105

FULL FAITH AND CREDIT

– Adoptions, out-of-state decrees

– – Adult adopted, decree entered into solely for inheritance reasons must be recognized (Neb.), **1256
– – Amended birth certificate, same-sex couple entitled to document from state (E.D. La.), 1099
– – Former same-sex partners, decree recognized (Mich. Ct. App.), 1201
– – Second-parent adoption, state public policy against same-sex adoptions does not bar recognition of foreign decree (Fla. Dist. Ct. App.), 1320

– Child support, FFCCSOA covers arrears owed under foreign decree despite requirement to pay college expenses for same period (Wyo.), 1136
– Civil union dissolution, Va. registration of Vt. custody/visitation orders upheld (U.S., rev den), 1071; no jurisdiction for declaratory judgment action (Va. Ct. App.), 1393
– Genetic mother of child gestated by same-sex spouse, adoption ensures foreign recognition of parentage (N.Y. Surr. Ct.), **1291