Family Law Reporter: Index-Summary

MAINE

– Adoption

– – Adult same-sex partner who stayed at vacation home satisfied state “living” requirement (Me.), 1424
– – Annulment must be vacated when biological mother not given notice (Me.), 1477

– Child support

– – Disabled obligee with custody of one child, no credit for dependent benefits obligor receives for second child (Me.), 1345
– – Mediated modification agreement, Temporary Assistance for Needy Families benefits (Me.), 1452
– – Prior order requiring void after parental rights termination (Me.), 1501
– – Right to seek payments, no waiver by state despite failure to pursue support suit after learning of nonpaternity (Me.), 1163

– Divorce, finality unaffected by death of party between signing and docketing of judgment (Me.), 1273
– Native Americans, ICWA inapplicable to petition to terminate parental rights given late and vague claim of Indian heritage (Me.), **1365
– Property division

– – Nonmarital real estate of wife, Uniform Partnership Act improperly used to grant husband lien on (Me.), 1226
– – Pension of retired teacher is marital asset, not merely stream of income (Me.), 1178

– Same-sex marriage, governor signs bill permitting, 1311

MAINTENANCE, SPOUSAL

See ALIMONY

MALPRACTICE

– Attorneys

– – Damages, suit may seek counsel fees incurred in remedying injury from divorce lawyer unpreparedness (Ill. App. Ct.), 1127
– – Divorce outcome, 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

– Physician's response to suspected child abuse, suit proceeds (2d Cir.), 1043

MARITAL HOME

– Alimony, pact to end support upon involuntary job loss covers duty to pay mortgage on former home (Tenn. Ct. App.), 1056
– Bankruptcy, dischargeability of divorce-related mortgage debt must be reweighed (Ind. Ct. App.), 1173
– Child support prepayment agreement upheld despite decline in value (N.Y. Sup. Ct.), 1464
– Divorcing husband not entitled to rental credit for period he was banned from home under protection from abuse order (Pa. Super. Ct.), 1426
– Equity in home, grant to divorcing spouse in lieu of alimony improper (Mo. Ct. App.), 1221
– Interspousal agreement, check sent to former spouse for home is timely despite mailing on last day of period set out in pact (N.M.), 1198
– Mortgage, tax, and insurance payments, agreement requiring ex-husband to pay not superseded by later interim order directing ex-wife to pay mortgage out of child support payments (Pa. Super. Ct.), 1573
– Premarital pact, expenses of husband in building home covered by clause about recoupment of initial cash payment (Iowa Ct. App.), 1334
– Privacy invasion, wife may sue husband for covertly taping her in home (Iowa), **1111
– Property division

– – Apartment building containing home, husband's share of edifice is marital asset despite refusal by wife to contribute to purchase (N.Y. App. Div.), 1388
– – Community interest in home spouse acquired pre-marriage, calculation formula (Ariz. Ct. App.), 1119
– – Post-judgment interest, court has discretion whether to assess (Ind.), 1503
– – Presumption of community property trumped since home titled solely in wife's name (Cal. Ct. App.), 1090
– – Proceeds from sale of home, portion awarded as pendent lite support not part of divisible marital estate (Tenn. Ct. App.), 1366

– Valuation, failure to consider in-laws' life estate interest improper (S.D.), 1573

MARRIAGE

– Annulment

See ANNULMENT

– Bigamy, man entering into void marriage before divorce finalized was married to two wives at once (6th Cir.), **1210
– Child support, juvenile court jurisdiction over father proper despite married status of parents (Colo. Ct. App.), 1331
– Common law

See COMMON LAW MARRIAGE

– Default judgment on marital validity, estoppel bars relitigation in stepparent adoption (Ark.), **1076
– Divorce

See DIVORCE

– Domestic violence

See DOMESTIC VIOLENCE

– Hague Convention, custody rights unaffected despite parental union possibly void (E.D.N.Y.), 1065
– Loss of consortium, legal marriage required to advance claim (M.D. Tenn.), 1479
– Out-of-state marriage lacking license valid (N.Y. Surr. Ct.), **1279
– Premarital pacts

See PREMARITAL AGREEMENTS

– Same-sex

See SAME-SEX MARRIAGE

– Torts, fraudulent inducement claim dismissed (U.S., rev sought), 1383; (rev den), 1551
– Widow entitled to workers' compensation benefits despite alleged green card fraud (Va. Ct. App.), 1418

MARYLAND

– “Active efforts” under ICWA need not be labeled as such by trial court (Md.), **1450
– Attorneys

– – Fee award upheld despite party receiving free legal services (Md. Ct. Spec. App.), **1304
– – Retainer pact, promise to be “professionally responsive” supports contract breach suit by custody client (Md. Ct. Spec. App.), 1163

– Child abuse, order in CINA case shifting custody entitled to interlocutory review (Md.), 1186
– Child support

– – Law student parent not voluntarily impoverished despite only working during summer (Md. Ct. Spec. App.), 1064
– – Legal parent of ex-wife's child owes support despite lack of biological tie (Md.), **1531

– Custody jurisdiction, challenge to inconvenient forum finding must be heard by home state court (Md. Ct. Spec. App.), **1066
– Grandparent visits

– – Desire of parent to modify visitation order is material change in circumstances (Md. Ct. Spec. App.), 1354
– – Speculation of possible future harm to children not basis for ordering visits (Md. Ct. Spec. App.), 1021

– Property division, new formula for calculating marital part of pension (Md. Ct. Spec. App.), 1160
– Wills and estates, effect of inter vivos property transfer on surviving spouse's right to statutory elective share (Md.), **1030

MASSACHUSETTS

– Attorney-client privilege, lawyer in juvenile care and protection matter need not testify about client's threats to harm third parties (Mass.), 1284
– Child support

– – Jury trial, right to (U.S., rev sought), 1299; (rev den), 1383
– – “Reasonable college expenses” is benchmark in parental dispute over nature of costs to be split (Mass. App. Ct.), **1351
– – Subchapter S firm, undistributed earnings, classification as income depends on facts of case (Mass.), 1507

– Custody jurisdiction, child born out of state and foreign paternity acknowledgment (U.S., rev sought), 1131; (rev den), 1191
– Domestic violence protection order, extension without evidence of continued attempts to contact improper (Mass. App. Ct.), 1586
– Sperm donor identity, dismissal of action to discover not immediately appealable (Mass. App. Ct.), 1545
– Unmarried child who gives birth not automatically emancipated (Mass. App. Ct.), **1453
– Visitation, contempt finding re custodial parent anticipatory breach improper (Mass. App. Ct.), 1441

MEDIATION

– Attorneys' fees, judge who appointed lawyer as mediator while negotiating fee in his own divorce sanctioned (Minn.), 1523
– Child support

– – Arrearages, pact negotiated by impostor posing as mediator properly set aside (Tenn. Ct. App.), 1153
– – Modification agreement, Temporary Assistance for Needy Families benefits (Me.), 1452

– Divorce

– – Attorney advertising, ethics rule on trade names must be reexamined given challenge by mediation center (N.J.), 1284
– – Lawyer-mediator may represent one spouse in divorce after doing mediation (Ohio ethics opinion), 1403; text of opinion, 1404
– – Unrepresented persons, attorney-mediator may not draft settlement papers for (Tex. ethics opinion), 1011

MEDICAL EXPENSES

See also HEALTH INSURANCE
– Child support

– – Birth-related expenses paid by Medicaid, adjudicated father must reimburse state despite age of child (Tenn. Ct. App.), 1094
– – Savings account for children's expenses, obligor failing to deposit money must pay mother (Tenn. Ct. App.), 1093

– Public assistance, marriage abates father's need to reimburse state for mother's medicaid-covered hospital childbirth and pregnancy expenses (Mich. Ct. App.), 1526

MEDICAL PRACTICES

See PHYSICIANS

MEDICAL RECORDS

– Custody

– – Law firm mistakenly gave records to opposing party, no HIPAA cause of action (Ky. Ct. App.), 1007
– – Psychiatric records of mother, father seeking custody change not entitled to (Pa. Super. Ct.), 1222

– Mental health records of child, best interest standard controls parental right of access (Iowa), 1267

MENTAL HEALTH

– Adoption agency, nondisclosure of birth parent's schizophrenia not negligent misrepresentation (Pa.), 1200
– Custody

– – Friend of Court psychological evaluation, refusal to follow custody recommendation upheld (Mich. Ct. App.), 1188
– – Instability of mother's mental health, adoption of family service agency's proposal that father have sole custody upheld (Mont.), 1370
– – Psychiatric records of mother, father seeking custody change not entitled to (Pa. Super. Ct.), 1222

– Hague Convention, mother claiming grave risk exception 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
– Premarital pact, divorcing wife claiming duress before signing must provide husband with contact data of health professionals (Fla. Dist. Ct. App.), 1034
– Property division, lopsided pact husband signed on weekend furlough from mental hospital is invalid (Va. Ct. App.), 1347
– Records of child's treatment, best interest standard controls parental right of access (Iowa), 1267

MICHIGAN

– “Active efforts” under ICWA, current efforts not needed to satisfy requirement (Mich.), 1451
– Adoption, guardians may not consent without approval of parents or termination of rights (Mich. Ct. App.), 1477
– Attorneys' fees, nonrefundable divorce retainer pact upheld (Mich.), 1123
– Bankruptcy, divorcing couple's stipulated settlement pact disposes of pending litigation between them (E.D. Mich.), 1259
– Child support, pact to pay extra not modifiable (Mich. Ct. App.), 1075
– Cotenancy, adverse possession claim to land abutting property formerly held by entireties, intent of former spouse not controlling (Mich. Ct. App.), 1322
– Custody

– – Child protective matters, best interests test controls custody award by juvenile court (Mich. Ct. App.), 1305
– – Death of custodial father, widow granted interim custody pending hearing on fitness of mother (Mich. Ct. App.), 1232
– – 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
– – Parental presumption trumps established custodial environment (Mich.), **1447

– Divorce, Islamic triple talaq declared in India by husband improperly recognized as dissolution (Mich. Ct. App.), 1262
– Estate of wife, no contribution claim against husband for expenses she paid on entireties property (Mich. Ct. App.), **1166
– Life insurance, insurer bound by beneficiary notice of divorce from insured (Mich. Ct. App.), 1570
– Pension death benefits, son proper beneficiary since ex-wife misrepresented marital status (W.D. Mich.), 1162
– Property division, tax deduction for child dependency, bankruptcy discharge (U.S., rev sought), 1071; (rev den), 1143
– Property rights in brain of deceased parent that was removed for autopsy, question certified to state court (6th Cir.), 1491
– Public assistance, marriage abates father's need to reimburse state for mother's medicaid-covered hospital childbirth and pregnancy expenses (Mich. Ct. App.), 1526
– Same-sex couple, foreign adoption decree obtained by former partners accorded full faith and credit (Mich. Ct. App.), 1201

MILITARY

See ARMED SERVICES

MINNESOTA

– Alimony, retiree termination motion subject to bad faith challenge regardless of age (Minn. Ct. App.), **1414
– Attorneys' fees, judge who appointed lawyer as mediator while negotiating fee in his own divorce sanctioned (Minn.), 1523
– Bankruptcy, hold-harmless clause in divorce decree valid despite lack of intervention by ex-spouse in insolvency matter (Minn. Ct. App.), 1331
– Child support

– – Guidelines, amendment may constitute grounds for motion to modify support (Minn. Ct. App.), 1321
– – Jurisdiction, Rooker-Feldman bars religious community's challenge to state order to pay member's family support duties (D. Minn.), 1333
– – Life insurance, mother must maintain policy despite having sole custody (Minn. Ct. App.), **1082
– – Overpayment, law requiring public authority to compensate obligor does not limit equitable power of court (Minn. Ct. App.), 1309

– Custody, limitation on in-state relocation controlled by best interests of child (Minn. Ct. App.), 1225
– Divorce, nonparty witness, Tex. court issuance of document production order re Minn. action improper (Tex. Ct. App.), 1419
– Domestic Violence Act, former relationship may qualify as “significant romantic or sexual relationship” (Minn. Ct. App.), 1262
– Fraud in marital asset settlement, woman who sued ex-husband may recover from lawyer (Minn. Ct. App.), 1439
– Hague Convention, new habitual residence established by indefinite stay overseas (8th Cir.), 1247
– Hmong cultural adoption not valid under Thai law not binding in UIFSA support action (Minn. Ct. App.), 1474
– Native Americans, dependency proceedings, district trial court may vacate transfer to tribal court (Minn. Ct. App.), 1430
– Pension/retirement benefits

– – Jurisdiction, state courts lack ERISA authority to decide whether domestic relations order is qualified (Minn. Ct. App.), 1079
– – Reopened divorce, post-dissolution increase in value of retirement account not marital property (Minn. Ct. App.), 1274

MISSISSIPPI

– Child support

– – Emancipation of oldest child, retroactive decrease in obligor payments to reflect proper (Miss. Ct. App.), 1562
– – Fraud by mother, no reimbursement of support paid for nonmarital child despite later nonpaternity finding (Miss. Ct. App.), 1094
– – Lump-sum Social Security payments to child, disabled obligor denied credit against arrears (Miss. Ct. App.), **1028
– – Out-of-state decree properly registered in state, state resident may not seek modification under UIFSA (Miss. Ct. App.), 1585

– Deceased custodial mother's husband's petition for continued visitation properly denied (Miss. Ct. App.), 1443
– Divorce

– – Irreconcilable differences, spouses need not withdraw fault-based grounds for divorce to be valid (Miss.), 1526
– – Revocation, death of party abates action (Miss. Ct. App.), 1393

– Military pension, property settlement pact granting wife “all survivors' benefits accorded by law” does not include (Miss. Ct. App.), 1357
– Paternity, modification of parentage finding barred given man's pre-divorce knowledge of nonpaternity (Miss. Ct. App.), 1334

MISSOURI

– Child protective order, no assessment of GAL and appellate court docket fees against petitioner (Mo. Ct. App.), 1140
– Child support

– – Custody filing by delinquent obligor, law restricting ability to seek change may be invalid (Mo.), 1150
– – Delinquent parent, law limiting ability to modify custody valid (Mo.), 1459
– – Education, retroactive support payment denied since proof of college enrollment not given to obligor (Mo. Ct. App.), 1070
– – Wrongful discharge, worker fired re withholding order may proceed with claim (Mo. Ct. App.), 1548

– Custody, testimony of social worker supporting grandparent claim of parental unfitness not privileged (Mo. Ct. App.), 1139
– Estate of estranged spouse, foreign separate maintenance decree does not bar right to interest in (Mo. Ct. App.), 1058
– Hague Convention, habitual residence not controlled by parental repatriation pact (E.D. Mo.), 1269
– Marital home, grant of equity to divorcing spouse in lieu of alimony improper (Mo. Ct. App.), 1221
– Parental rights loss, order improperly based on same evidence found insufficient for neglect finding under adoption code (Mo. Ct. App.), 1154
– Parenting plan, modification to allow child's team of doctors to make all medical decisions improper (Mo. Ct. App.), 1585
– Paternity, extrinsic fraud claim not barred by res judicata or collateral estoppel (Mo. Ct. App.), 1130
– Pension/retirement benefits

– – Lump-sum benefits, pension plan properly denied immediate payment to ex-wife of participant (E.D. Mo.), 1295
– – Military pension, portion deemed marital property unaffected by long separation (Mo. Ct. App.), 1070
– – Social Security retirement benefits, usage of offset method for property division rejected (Mo. Ct. App.), **1298

– Property division

– – Interspousal pacts, divorce court improperly vested with power to divide property post-dissolution (Mo. Ct. App.), 1009
– – Monthly annuity, post-dissolution payments to disabled spouse not marital property (Mo. Ct. App.), 1207
– – Pensions

See Pension/retirement benefits, this heading

– Same-sex partners not parents of each other's child (Mo. Ct. App.), 1472

MONTANA

– Custody

– – Mentally unstable mother, adoption of family service agency's proposal that father have sole custody upheld (Mont.), 1370
– – Same-sex former partner properly granted parental rights over children adopted during relationship (Mont.), **1555

– Marriage, informal out-of-state vows may ripen into common law marriage over time (Mont.), 1346

MURDER

See CRIMINAL LAW AND PROCEDURE