Family Law Reporter: Index-Summary

ICARA (INTERNATIONAL CHILD ABDUCTION REMEDIES ACT)

ICPC

See INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC)

ICWA (INDIAN CHILD WELFARE ACT)

IDAHO

– Child support, delinquent obligor's driver's license not exempt “property interest” under License Suspension Act (Idaho), 1261
– Custody

– – Jurisdiction, divorce action, finding that N.Y. was home state under UCCJEA proper (Idaho), 1514
– – Parent's relocation without child cannot be restricted (Idaho), 1489

– Premarital agreements, partial performance doctrine inapplicable to oral pacts (Idaho), **1382

ILLEGITIMATE CHILDREN

See OUT-OF-WEDLOCK CHILDREN

ILLINOIS

– Child abuse, biting and scratching child is excessive corporal punishment by mother (Ill. App. Ct.), 1248
– Child support

– – Employer failure to comply with out-of-state income-withholding order, UIFSA dictates that penalty decided under law of employer's state (Ill.), 1352
– – Forty-four-year-old son, delinquent obligor properly ordered to pay past-due support for (Ill. App. Ct.), 1211
– – German court lacked personal jurisdiction over American husband/father, registration of order under UIFSA improper (Ill. App. Ct.), 1537
– – Incarceration of child does not create full emancipation justifying end to father's college support obligation (Ill. App. Ct.), **1441
– – IRA received in divorce, consideration of withdrawals not double counting (Ill. App. Ct.), 1094
– – Modification, past income of involuntarily unemployed father improperly imputed as earning potential (Ill. App. Ct.), 1572
– – Premarital pact, clause waiving legal fees invalid since applicable to support issues (Ill. App. Ct.), **1130

– Custody jurisdiction, PKPA applies to interstate adoption dispute (Ill. App. Ct.), 1087
– Negligence, paternity test, federal jurisdiction (S.D. Ill.), 1454
– Property division

– – Dissipation of assets, date to calculate begins during breakdown of marriage, not after (Ill. App. Ct.), 1041
– – Pension of state employee, no conflict between state law on apportionment and consent executed by husband (Ill. App. Ct.), 1394
– – Personal injury settlement, 54/46 split proper (Ill. App. Ct.), 1550
– – Sick leave and vacation days amassed during marriage not marital property (Ill. App. Ct.), **1052

– Torts

– – Divorce lawyer unpreparedness, malpractice suit may seek as damages counsel fees incurred in remedying injury (Ill. App. Ct.), 1127
– – Wrongful birth, parents may seek damages to cover costs of caring for disabled adult child (Ill. App. Ct.), 1294
– – Wrongful Death Act inapplicable to destruction of IVF embryo (Ill. App. Ct.), 1017

– Trust distribution only to grandchildren with Jewish spouses proper (Ill.), 1534
– Visitation, modification standard differs from restriction standard (Ill. App. Ct.), 1543

IN VITRO FERTILIZATION

See ASSISTED REPRODUCTION

INCAPACITY

– CHINS matter, rights of juvenile after claim of incompetence to stand trial (N.H.), 1190
– Guardianship of incapacitated family member, due process (U.S., rev sought), 1167; (rev den), 1215

INCARCERATION

See PRISONS AND JAILS

INDIAN CHILD WELFARE ACT (ICWA)

See NATIVE AMERICANS

INDIANA

– Adoption

– – Children born to surrogate mother, decree granted to nonresident vacated given noncompliance with ICPC (Ind.), 1261
– – Implied consent, unwed father's filing paternity action thwarts finding (Ind.), 1402
– – Subsequent consents may be filed, objection to replacement after original judge's death untimely (Ind. Ct. App.), 1512
– – Visitation, standing of paternal grandfather to seek unaffected by adoption of children by maternal grandmother and husband (Ind. Ct. App.), 1189

– Bankruptcy, dischargeability of divorce-related mortgage and tax debts must be reweighed (Ind. Ct. App.), 1173
– Child support

– – Abatement for summer parenting time improper (Ind. Ct. App.), 1549
– – Calculation, windfall bonus improperly excluded (Ind. Ct. App.), 1549
– – College expenses

– – – “Educational expenses,” pact to share does not cover college costs (Ind. Ct. App.), 1173
– – – Noncustodial mother, order to share costs proper despite pact providing for payment solely by father (Ind. Ct. App.), 1176

– – Continuing jurisdiction over nonresident child, FFCCSOA does not preempt UIFSA provisions (Ind.), 1496
– – Incarcerated obligors

– – – Arrearage, periods in jail properly included in calculating (Ind. Ct. App.), 1117
– – – Changed circumstances warranting modification, incarceration may establish (Ind.), 1224
– – – Effective date of support change, date of modification petition controls (Ind.), 1223
– – – Reduction in support, denial of request improper (Ind. Ct. App.), 1057

– – Jurisdiction, enforcement of registered order via lesser amount of support not UIFSA violation (Ind. Ct. App.), **1004; suit remanded to reevaluate amount ordered (Ind.), **1556
– – Public assistance paid to delinquent obligor's children, state action to recoup time-barred (Ind. Ct. App.), 1019
– – Title IV-D delinquent obligor, state need not seek judicial approval to withhold more from paycheck (Ind. Ct. App.), 1069

– Custody

– – Change to father, grandmother improperly granted parenting time after (Ind.), 1250
– – Husband's aunt and uncle were de facto parents, intervention in parents' dispute allowed (Ind. Ct. App.), 1514

– Guardianship, daughter caring for mother failed to rebut presumption of gratuitous services (Ind.), 1318
– Interspousal pacts

– – Joint car lease, removal of former spouse not required given silence of pact (Ind.), 1021
– – Military housing allowance and pension, wife waiving claim to “other property” in separation pact may not share benefits (Ind. Ct. App.), 1332

– Parental rights of mother jailed for preconception crime, termination not in best interests of child (Ind.), 1293
– Paternal grandmother whose son voluntarily terminated parental rights after manslaughter conviction re mother's death lacks standing to petition to visit child (Ind. Ct. App.), 1441
– Paternity

– – Attorneys appointed as GALs not entitled to lawyer billing rate for guardian duties (Ind. Ct. App.), 1103
– – Daughter's challenge to divorce court judgment recognizing mother's husband as her father properly dismissed (Ind. Ct. App.), 1532
– – Putative father may proceed as next friend of child (Ind. Ct. App.), 1574

– Property division

– – Marital home, post-judgment interest, court has discretion whether to assess (Ind.), 1503
– – Valuation by expert who visited business properly accepted (Ind. Ct. App.), 1487

– Wrongful death, homeowners not liable for death of infant while sleeping with parent who was guest (Ind. Ct. App.), 1551

INDIANS

See NATIVE AMERICANS

INDIVIDUAL RETIREMENT ACCOUNTS (IRAs)

– Attorneys' fees, divorce client's charging lien to be satisfied with funds awarded from IRA of former spouse (N.Y. App. Div.), 1369
– Child support calculation, consideration of withdrawal from IRA received in divorce not double counting (Ill. App. Ct.), 1094

INHERITANCES

See WILLS AND ESTATES

INJUNCTIONS, PROTECTION ORDERS

See DOMESTIC VIOLENCE

INSURANCE

– Car insurance for foster child, county need not pay for (Cal.), 1140
– Disability

See DISABLED PERSONS

– Health

See HEALTH INSURANCE

– Life

See LIFE INSURANCE

– Same-sex couples married outside state entitled to equal benefits, N.Y. agency says, 1059
– Term life policy not marital property (Ala. Civ. App.), **1423
– Uninsured/underinsured motorist benefits, noncustodial parent's child not “away at school” (Ala.), 1406

INTERNATIONAL CHILD ABDUCTION REMEDIES ACT (ICARA)

See HAGUE CONVENTION

INTERSPOUSAL AGREEMENTS

– Alimony, agreement waived use of adultery as bar (S.C.), 1500
– Bankrupt debtor must indemnify ex-wife for her payment of marital debt that he assumed under settlement pact (Ark. Ct. App.), 1273
– Civility pact unenforceable by contempt (Tex.), 1174
– Confidentiality pact, divorce-related agreement is valid waiver of wife's free speech rights (Conn.), 1376
– Disabled ex-husband, stipulation that wife contribute to post-divorce care is invalid indefinite contract (Tex. Ct. App.), 1333
– Handwritten post-separation support statement unenforceable (N.C. Ct. App.), 1430
– Investment account, husband receipt as separate property in divorce decree did not waive wife's beneficiary rights (Wyo.), **1550
– Jointly leased car, removal of former spouse from lease not required given silence of pact (Ind.), 1021
– Mortgage on marital home, check mailed to former spouse on last day of period set out in pact is timely (N.M.), 1198
– Property division

– – “Contract of Marriage,” lopsided pact husband signed on weekend furlough from mental hospital is invalid (Va. Ct. App.), 1347
– – Duress and undue influence, settlement pact unconscionable since husband received most of marital assets (N.D.), 1377
– – Military benefits

– – – “All survivors' benefits accorded by law,” pension of husband not included in property settlement pact grant to wife (Miss. Ct. App.), 1357
– – – “Other property,” waiver by wife in separation pact bars share of post-separation housing allowance and pension benefits (Ind. Ct. App.), 1332

– – Oral agreement, post-separation pact invalid since no in-court stipulation (Cal. Ct. App.), 1239
– – Post-dissolution division, divorce court improperly vested with power to order (Mo. Ct. App.), 1009
– – Profit-sharing account, pact to divide does not bar award to spouse of interest accrued on (Va. Ct. App.), 1237
– – Reconciliation agreement signed after husband's extramarital affair unenforceable in later divorce (Iowa), 1442
– – Will of husband, wife not barred from spousal elective share despite equal division pact (Iowa Ct. App.), 1236

– Retirement/investment accounts, post-divorce division proper (Tenn. Ct. App.), 1572
– Separation agreement, motion to set aside properly denied (Ky. Ct. App.), **1442
– Unincorporated separation agreement does not allow award of retroactive child support (N.C. Ct. App.), 1499

INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN (ICPC)

– Adoption of children born to surrogate mother, decree granted to nonresident vacated given noncompliance with Compact (Ind.), 1261
– Out-of-state placement with parent

– – Abandoned child, Compact inapplicable (N.H.), **1005
– – Neglected children, Compact applies (N.Y. Fam. Ct.), 1129

INTERVENTION

– Bankruptcy, hold-harmless clause in divorce decree valid despite lack of intervention by ex-spouse in insolvency matter (Minn. Ct. App.), 1331
– Custody

– – Native American tribe seeking intervention, ICWA preempts state law requiring representation by attorney (Neb.), 1394
– – Parental unfitness, grandparent seeking intervention in parents' dispute must show (N.C. Ct. App.), 1213

IOWA

– Child support obligor must pay part of college expenses, repudiation claim rejected (Iowa Ct. App.), 1020
– Custody jurisdiction, court exercising emergency authority over CINA matter properly considered parental rights loss petition (Iowa Ct. App.), 1332
– Divorce, nonresident wife submitted to court's jurisdiction by having responsive documents filed with her signature (Iowa Ct. App.), 1514
– Interspousal pact to divide assets equally, wife not barred from spousal elective share against will of husband despite (Iowa Ct. App.), 1236
– Mental health records of child, best interest standard controls parental right of access (Iowa), 1267
– Native Americans, children ineligible for enrollment in mother's tribe not “Indian children” under ICWA (Iowa Ct. App.), 1105
– Premarital pacts

– – Marital home, expenses of husband in building residence covered by clause about recoupment of initial cash payment (Iowa Ct. App.), 1334
– – Voluntariness and unconscionability, UPAA enforcement provision defined (Iowa), **1077

– Privacy invasion, wife may sue husband for covertly taping her in marital home (Iowa), **1111
– Property division

– – Health and life expectancies may not be considered (Iowa Ct. App.), 1479
– – Reconciliation agreement signed after husband's extramarital affair unenforceable in later divorce (Iowa), 1442

– Same-sex marriage ban invalid (Iowa), **1243
– Surname of nonmarital child, change request by father improperly granted absent consent by mother (Iowa Ct. App.), 1238; timing of request crucial (Iowa), 1573

IRAs

See INDIVIDUAL RETIREMENT ACCOUNTS (IRAs)