Family Law Reporter: Index-Summary

PALIMONY

– Promise of lifetime support not found despite 20-year relationship (N.J. Super. Ct. App. Div.), 1006

PARENTAL KIDNAPPING PREVENTION ACT (PKPA)

PARENTAL RIGHTS

– Assisted conception, birth certificates of twins may be amended to show lack of surrogate's rights (Pa. Super. Ct.), 1137
– Custody

See CUSTODY

– Paternity

See PATERNITY

– Same-sex couples

See SEXUAL ORIENTATION

– Termination

See PARENTAL RIGHTS TERMINATION

PARENTAL RIGHTS TERMINATION

– Abandonment

– – African-American man believing wife's “white” child not his own, termination improper (Neb. Ct. App.), 1358
– – Conduct while child in another's care may be basis of finding (Utah Ct. App.), 1448

– Consent to adoption, validity of (U.S., rev den), 1059
– Disabled parent, no sua sponte duty to raise ADA applicability to (N.M. Ct. App.), 1190
– Future child support duty does not end with termination (Ala.), **1567
– Incarcerated parents

– – Mother jailed for preconception crime, loss of rights not in best interests of child (Ind.), 1293
– – Stepparent adoption hearing, jailed father improperly denied transportation to (Kan. Ct. App.), 1367

– Indigent parents

– – Due process and equal protection violations when record not filed in appeal (U.S., rev sought), 1551
– – Effective assistance, parent with appointed counsel has statutory right (D.C.), 1475

– Involuntary deportation does not divest state of jurisdiction (Neb.), 1401
– Jurisdiction

– – Adopters must file in state placing children in custody (S.C. Ct. App.), 1413
– – Adoption action dismissed, juvenile court has authority to hear later termination petition (Utah), 1364
– – CINA matter, court exercising emergency authority properly considered termination petition (Iowa Ct. App.), 1332
– – Children living out of state, authority upheld (Utah Ct. App.), 1298
– – Summons-related deficiencies, authority unaffected by (N.C.), 1177

– Native Americans

– – Burden of proof, ICWA reasonable doubt standard inapplicable to state law findings (Ariz.), **1124
– – “Indian custodian,” mother in CINA action may revoke status given to father after termination of his rights (Alaska), 1274
– – Late and vague claim of Indian heritage, ICWA inapplicable (Me.), **1365
– – Mother not resident of reservation, ICWA inapplicable (Tenn. Ct. App.), 1298
– – Unappealed adoption decree vacated, timing of rights relinquishment hearing violated ICWA (D. Utah), 1375

– 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
– Prior order requiring child support void after termination (Me.), 1501
– Unwed father, failure to support child improper basis for termination (S.C. Ct. App.), 1178

PATERNITY

– Adoption

– – Jurisdiction proper to decide post-adoption parentage for purpose of adoption file data (Ohio), 1009
– – Native Americans, unwed father's noncompliance with state parentage law does not bar claim of ICWA applicability to adoption (Ariz. Ct. App.), 1202
– – Putative father registries, adoption consent

– – – Failure to file with registry, consent of adjudicated father required despite (Ala. Civ. App.), 1018
– – – New address, failure to update registry does not negate need for consent (Fla. Dist. Ct. App.), 1166

– – Unwed father failure to believe mother's location and late filing waived right to contest adoption (Utah), 1437

– Attorneys appointed as GALs in paternity cases not entitled to lawyer billing rate for guardian duties (Ind. Ct. App.), 1103
– Child support

– – Birth-related expenses paid by Medicaid, adjudicated father must reimburse state (Tenn. Ct. App.), 1094
– – Fraud by mother, no reimbursement of support paid for nonmarital child despite later nonpaternity finding (Miss. Ct. App.), 1094
– – Legal parent of ex-wife's child owes support despite lack of biological tie (Md.), **1531
– – Right to seek payments, no waiver by state despite failure to pursue support suit after learning of nonpaternity (Me.), 1163

– Daughter's challenge to divorce court judgment recognizing mother's husband as her father properly dismissed (Ind. Ct. App.), 1532
– Default judgment improperly vacated, genetic testing disestablishing parentage required (Cal. Ct. App.), 1057
– Extrinsic fraud, claim not barred by res judicata or collateral estoppel (Mo. Ct. App.), 1130
– Jurisdiction

– – Custody, foreign paternity acknowledgment and child born out of state (U.S., rev sought), 1131; (rev den), 1191
– – Negligence, paternity test, federal jurisdiction (S.D. Ill.), 1454
– – Nonresident defendant, conception of child in state warrants long-arm jurisdiction (N.J. Super. Ct. App. Div.), **1280
– – Part-year resident defendant, subject-matter authority exists to determine parentage of child living in Guatemala (Fla. Dist. Ct. App.), 1286

– Laches, suit by biological father to establish parentage of child born to married woman not barred (Ark. Ct. App.), 1286
– Legitimation matter, best interest analysis not required (N.C. Ct. App.), 1149
– Modification of parentage finding barred given man's pre-divorce knowledge of nonpaternity (Miss. Ct. App.), 1334
– Names of nonmarital children

See NAMES

– Parental rights improperly terminated, no abandonment by African-American man believing wife's “white” child not his own (Neb. Ct. App.), 1358
– Prior nonpaternity finding does not bar declaration in divorce based on parentage affidavit (Wis. Ct. App.), 1045
– Property division, adultery and deception as to paternity of child do not affect (N.Y. App. Div.), 1233
– Rebuttable presumption of paternity under UPA, declaration of paternity overrides (Cal. Ct. App.), 1388
– Standing

– – Putative father may proceed as next friend of child (Ind. Ct. App.), 1574
– – State agency may challenge parentage under UPA despite existence of presumed father (Wash. Ct. App.), 1142

– Statute of limitations, request by unwed mother for genetic testing improperly denied as untimely (N.C. Ct. App.), 1118
– Wrongful death recovery, presumption of legitimacy (Fla. Dist. Ct. App.), 1454

PENNSYLVANIA

– Adoption

– – Agency nondisclosure of birth parent's schizophrenia not negligent misrepresentation (Pa.), 1200
– – Judge may not sua sponte decide what attorneys' fees are reasonable (Pa. Super. Ct.), 1508

– Attorneys' fees, mother entitled to entire amount requested given fraud by father in concealing income (Pa. Super. Ct.), 1392
– COBRA benefits, untimely notice of divorce precludes ex-wife from obtaining (E.D. Pa.), 1535
– Custody

– – Mental health records of mother, father seeking custody change not entitled to (Pa. Super. Ct.), 1222
– – Parenting coordinator, appointment not improper delegation of judicial authority (Pa. Super. Ct.), 1104
– – Sanctions must be imposed on parent held in contempt for failure to return child (Pa. Super. Ct.), 1582

– Dependency, grandmother lacks standing to participate in action despite prior care of children (Pa. Super. Ct.), 1440
– Divorce grounds, court may not conduct hearing after death of party (Pa. Super. Ct.), 1083
– Gestational surrogate, birth certificates of twins may be amended to show lack of parental rights (Pa. Super. Ct.), 1137
– Guardianship of incapacitated family member, due process (U.S., rev sought), 1167; (rev den), 1215
– Home state of relocated parent, full hearing required under UCCJEA (Pa. Super. Ct.), 1489
– Marital home

– – Divorcing husband not entitled to rental credit for period he was banned home under protection from abuse order (Pa. Super. Ct.), 1426
– – 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

PENSIONS

– Airline may not recoup benefits paid to pilots with sham divorces (S.D. Tex.), 1584
– Attorneys' fees, divorce client's charging lien to be satisfied with funds awarded from IRA of ex-spouse (N.Y. App. Div.), 1369
– Cash-out of retirement account to support family while husband in medical school, divorcing wife improperly reimbursed for (N.C. Ct. App.), 1058
– Child support calculation, consideration of withdrawals from IRA received in divorce not double counting (Ill. App. Ct.), 1094
– Cohabitants, order dividing pension benefits between unmarried couple is QDRO under ERISA (9th Cir.), 1114
– Disability pensions

– – Injured state employee, benefits received from public retirement system were for disability despite classification as retirement pay by state (Ark. Ct. App.), 1310
– – Marital estate, pension not included in (Neb. Ct. App.), 1046
– – Post-divorce disability, part of pension covering not divisible (Conn.), 1399
– – Status after participant reaches retirement age

– – – Hybrid benefits, judge must share with former spouse (La. Ct. App.), 1054
– – – Pension became divisible retirement pay (W. Va.), 1022
– – – Reclassification as community property and retirement pay upheld (La. Ct. App.), 1034

– Early retirement benefits are divisible marital property (Neb. Ct. App.), 1460
– ERISA

– – Dispute re annuities paid to ex-wife of deceased participant not covered (2d Cir.), 1427
– – Failure to remove ex-spouse, negligence claim preempted (E.D. Pa.), 1466

– 401(k) plans

– – Premarital contributions, appreciation is separate property (Utah Ct. App.), 1287
– – Stepdaughter, designation as beneficiary not revoked upon divorce (Cal. Ct. App.), 1103

– Jurisdiction, state courts lack ERISA authority to decide whether domestic relations order is qualified (Minn. Ct. App.), 1079
– Lump-sum benefits, plan properly denied immediate payment to ex-wife of participant (E.D. Mo.), 1295
– Marital portion of pension, new formula for calculating (Md. Ct. Spec. App.), 1160
– Military personnel

See ARMED SERVICES

– Misrepresentation of marital status, ex-wife improperly given death benefits (W.D. Mich.), 1162
– Nunc pro tunc QDRO improperly entered 20 years after divorce of deceased plan participant (Cal. Ct. App.), 1271
– Premarital annuity and pension, passive increase in value not marital asset (Tenn. Ct. App.), 1236
– Reopened divorce, post-dissolution increase in value of retirement account not marital property (Minn. Ct. App.), 1274
– Silence of QDRO bars ex-wife from receiving survivor benefits (N.D. Ohio), 1018
– Slayer statute, state law not preempted by ERISA (Nev.), **1245
– Social Security retirement benefits, usage of offset method for property division rejected (Mo. Ct. App.), **1298
– State employees

– – Apportionment of pension, no conflict between state law and consent executed by husband (Ill. App. Ct.), 1394
– – Injured worker, benefits received from public retirement system were for disability despite classification as retirement pay by state (Ark. Ct. App.), 1310
– – Survivor benefits, widow must share with ex-wife having community property interest (La.), 1089
– – Teacher, pension in payout status is marital asset, not merely stream of income (Me.), 1178

– Waiver of 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

PHYSICIANS

– Child abuse, doctor need not report suspected abuse by minor sibling, malpractice claims proceed (2d Cir.), 1043
– Property division, wife improperly reimbursed for cashing out retirement account to support family while husband in medical school (N.C. Ct. App.), 1058

PKPA (PARENTAL KIDNAPPING PREVENTION ACT)

See CUSTODY JURISDICTION

POLAND

– Child abduction, shared right of paternal authority, father's petition to return child to Poland improperly dismissed (N.D. Ill.), 1478

PREEMPTION

– ICWA, intervention by Native American tribe in custody matter, state law requiring representation by attorney preempted (Neb.), 1394
– Military pension, state court's enforcement of adjudicated property settlement not barred by federal law (Or. Ct. App.), 1343
– Negligence, claim against health insurance plan for disclosing address to former spouse not trumped by ERISA (C.D. Cal.), 1319
– Slayer statute, state law not trumped by ERISA (Nev.), **1245

PREGNANCY AND CHILDBIRTH

– Adoptive mother, failure to disclose pregnancy insufficient basis to terminate placement (Neb.), 1040
– Assisted reproduction

See ASSISTED REPRODUCTION

– Child abuse, prenatal injuries to fetus do not support conviction for abuse resulting in death (N.M. Ct. App.), **1008
– Child support and paternity

– – Birth-related expenses paid by Medicaid, adjudicated father must reimburse state (Tenn. Ct. App.), 1094
– – Jurisdiction, conception of child in state warrants long-arm authority over nonresident defendant (N.J. Super. Ct. App. Div.), **1280

– Custody jurisdiction, no extension of UCCJEA authority to unborn child (Tex. Ct. App.), 1045
– Parental rights of mother jailed for preconception crime, termination not in best interests of child (Ind.), 1293
– Wrongful birth, parents may seek damages to cover costs of caring for disabled adult child (Ill. App. Ct.), 1294

PREMARITAL AGREEMENTS

– Alimony, agreement addressing made in contemplation of divorce, 2 witnesses not required (Ga.), **1407
– Attorneys

– – Fee waiver clauses

– – – Child support issues covered by clause so provision invalid (Ill. App. Ct.), **1130
– – – Temporary award to divorcing party not barred (Fla. Dist. Ct. App.), 1035

– – Malpractice suit over pact proceeds despite client settling divorce (N.H.), 1125

– Cruel and inhuman treatment as basis for divorce did not render agreement invalid (N.Y. App. Div.), 1587
– Duress at signing, divorcing wife must provide husband with contact data of health professionals (Fla. Dist. Ct. App.), 1034
– Marital home, expenses of husband in building residence covered by clause about recoupment of initial cash payment (Iowa Ct. App.), 1334
– Oral pact, partial performance doctrine inapplicable to (Idaho), **1382
– Pension, prenuptial agreement cannot be valid waiver of surviving spouse right under ERISA (D.N.J.), 1571
– Postnuptial amendment revoking provisions re inheritance rights after death of party invalid (Ohio Ct. App.), 1563
– Property division, 1965 French contract bars equitable distribution (N.Y.), 1088
– Property waiver in pact may not be negated by alimony claim (S.D.), 1305
– “Separation and reconciliation” clause, divorce and remarriage not covered by (Fla. Dist. Ct. App.), 1046
– Surety on promissory note, action by widow against estate of husband for payments not barred by waiver to separate property (N.C. Ct. App.), 1310
– Unconscionable agreement improperly held enforceable (Va.), 1515
– Unfairness of pact, postmarital amendment does not cure (Wash.), 1257
– UPAA enforceability provision, voluntariness and unconscionability defined (Iowa), **1077
– Witness requirement, agreement failing to satisfy invalid (Ga.), 1539

PRESUMPTIONS

See also BURDEN OF PROOF
– Annulment granted improperly, presumption of marriage validity not overcome despite wife's belief that prior marriage not over (Fla. Dist. Ct. App.), 1344
– Guardianship, daughter caring for mother subject to guardianship failed to rebut presumption of gratuitous services (Ind.), 1318
– Parentage, Uniform Parentage Act (UPA)

– – Declaration of paternity overrides rebuttable presumption of paternity (Cal. Ct. App.), 1388
– – Receiving child into home, presumed parent clause has no durational limit on (Cal. Ct. App.), 1387
– – Standing, state agency may challenge paternity despite existence of presumed father (Wash. Ct. App.), 1142

– Property division, marital property presumption

– – Business losses, presumption unrebutted since cause unclear (N.C. Ct. App.), 1047
– – Marital home titled solely in wife's name, presumption trumped (Cal. Ct. App.), 1090

PRISONS AND JAILS

– Alimony, sharing of prison cell by jailed obligee is cohabitation so support ended (Fla. Dist. Ct. App.), 1081
– Child support, incarcerated obligors

– – Arrearage calculation, periods in jail properly included in (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

– Parental rights loss

– – Mother jailed for preconception crime, termination not in best interests of child (Ind.), 1293
– – Stepparent adoption hearing, jailed father improperly denied transportation to (Kan. Ct. App.), 1367

– Visitation, request of jailed parent for child to spend time with third parties rejected (N.H.), **1214

PRIVACY

– Confidentiality pact, divorce-related agreement is valid waiver of wife's free speech rights (Conn.), 1376
– Covert videotaping

– – Girlfriend had reasonable expectation boyfriend would not record her while nude (Wis. Ct. App.), 1128
– – Invasion of privacy, wife may sue husband for taping her in marital home (Iowa), **1111

– Drug testing for delinquent child's parent, order by juvenile court violates Fourth Am. (Utah), 1199
– E-mails

– – Divorce, messages copied by wife from husband's account after separation admissible to prove concealment of income (N.Y. Sup. Ct.), 1315
– – Domestic violence, man who accessed account of ex-wife may have committed abuse (Cal. Ct. App.), 1327

– Medical records

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

– Privileged communications

See PRIVILEGED COMMUNICATIONS

PRIVILEGED COMMUNICATIONS

– Attorney-client privilege

– – Records from spouse's law firm, divorcing wife not entitled despite claimed affair with client (R.I.), 1033
– – Threats by client to harm third parties, lawyer in juvenile care and protection matter need not disclose to grand jury (Mass.), 1284

– Psychotherapist-patient privilege

– – Dependency, GAL may assert privilege when disclosure of private material is sought (Cal. Ct. App.), 1393
– – Premarital pact, divorcing wife claiming duress pact must provide husband with contact data of health professionals (Fla. Dist. Ct. App.), 1034

– Social worker in custody matter, testimony supporting grandparent claim of parental unfitness not privileged (Mo. Ct. App.), 1139

PROBATE PRACTICE

See WILLS AND ESTATES

PROCEDURE

– Appellate

See APPEALS

– Criminal

See CRIMINAL LAW AND PROCEDURE

– Default judgments

See DEFAULT JUDGMENTS

– Estoppel

See ESTOPPEL

– Evidence

See EVIDENCE
– – Burden of proof

See BURDEN OF PROOF

– – Presumptions

See PRESUMPTIONS

– Full faith and credit

See FULL FAITH AND CREDIT

– Hague Convention

See HAGUE CONVENTION

– Intervention

See INTERVENTION

– Jurisdiction

See JURISDICTION
– – Child support

See CHILD SUPPORT JURISDICTION

– – Custody

See CUSTODY JURISDICTION

– Laches, suit by biological father to establish parentage of child born to married woman not barred (Ark. Ct. App.), 1286
– Limitation periods

See STATUTES OF LIMITATIONS

– Notice

See NOTICE

– Nunc pro tunc orders

See NUNC PRO TUNC ORDERS

– Preemption

See PREEMPTION

– Res judicata, extrinsic paternity fraud claim not barred (Mo. Ct. App.), 1130
– Service of process, jurisdiction in parental rights loss action unaffected by summons-related deficiencies (N.C.), 1177
– Standing

See STANDING

– Unmarried business partners who had been romantically involved should have been granted hearing re equitable property division (Alaska), 1574

PROPERTY DIVISION

– Adultery and deception as to paternity of child, division unaffected since conduct not “egregious fault” (N.Y. App. Div.), 1233
– Alimony paid to first wife and payments on husband's student loan, wife not entitled to credit for (N.Y.), 1303
– Appeal, fugitive disentitlement doctrine bars suit by divorced contemnor (S.C. Ct. App.), 1275
– Attorney, contingent fee received after divorce filing properly deemed marital (Tenn. Ct. App.), 1035
– Business losses, presumption of marital property unrebutted since cause of diminution unclear (N.C. Ct. App.), 1047
– Child support, portion of interest paid on money owed to ex-spouse under property division included as income (Alaska), 1212
– Death of party during divorce action

See DEATH OF PARTY

– Disabled spouses

– – Annuity, post-dissolution monthly payments not marital property (Mo. Ct. App.), 1207
– – Post-divorce disability, part of pension covering not divisible (Conn.), 1399
– – Private disability insurance policies

– – – Policy bought before marriage, payments are separate property (Cal. Ct. App.), 1247
– – – Post-age 65 payments, wife improperly granted share of husband's benefits (Fla. Dist. Ct. App.), **1238

– Dissipation of assets, date to calculate begins during breakdown of marriage, not after (Ill. App. Ct.), 1041
– Domestic partners, reimbursement of home purchaser upheld despite parties' intent to share residence equally (Or. Ct. App.), 1177
– Employee benefits

– – Leave

– – – 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

– – Military benefits

See ARMED SERVICES

– – Pension/retirement funds

See PENSIONS

– Enhanced earning capacity from husband's business degree and brokerage licenses, calculation improper (N.Y. App. Div.), 1371
– Expectancy of inheritance does not warrant unequal division (N.C. Ct. App.), 1497
– Gambling by wife during marriage, financial misconduct warrants unequal division (Ohio Ct. App.), 1131
– Gifted land, pre-divorce fraudulent transfer to sibling bars enforcement of contract for return of property (Wis. Ct. App.), 1105
– Health and life expectancies may not be considered (Iowa Ct. App.), 1479
– Interest, final division is judgment to which statutory post-judgment interest may apply (N.H.), 1263
– Marital home

See MARITAL HOME

– NFL season tickets awarded to wife, husband awarded half of ticket value (Ohio. Ct. App.), 1239
– Nonmarital real property

– – Increased value, wife having limited role in improving husband's home not entitled to half of (N.Y.), 1311
– – Passive appreciation, spouse not entitled to share of (Fla. Dist. Ct. App.), 1322
– – Uniform Partnership Act improperly used to grant to husband lien on wife's property (Me.), 1226

– Novation theory improperly used to modify final division (Ala. Civ. App.), 1042
– Organ donated to wife during marriage, husband may not establish monetary value of kidney (N.Y. Sup. Ct.), 1203
– Payroll tax, debt owed by spouse's business improperly allocated (Va. Ct. App.), 1214
– Personal injury settlement, 54/46 split proper (Ill. App. Ct.), 1550
– Pet dog, former fiancee may seek specific performance of oral pact re canine ownership (N.J. Super. Ct. App. Div.), 1219
– Premarital agreements, 1965 French contract bars equitable distribution (N.Y.), 1088
– Proceeds from lawsuit re non-marital asset are husband's separate property (Fla. Dist. Ct. App.), 1431
– Produce stand, wife entitled to interest in business jointly operated on land husband inherited as life estate (S.C. Ct. App.), 1382
– Reconciliation

– – Agreement signed after husband's extramarital affair unenforceable in later divorce (Iowa), 1442
– – Cohabitation and public behavior support finding re separated couple (N.C. Ct. App.), 1519

– Schedule of marital property, failure to list same assets as spouse not waiver of property interest (Fla. Dist. Ct. App.), 1179
– Settlement pacts

See INTERSPOUSAL AGREEMENTS

– SSI benefits, wife's lump-sum payment properly excluded (Tenn. Ct. App.), 1502
– Stock, husband not shareholder despite marital interest in wife's holdings (Neb.), **1112
– Term life insurance policy not marital property (Ala. Civ. App.), **1423
– Unequal division (U.S., rev sought), 1071; (rev den), 1143
– Unmarried business partners who had been romantically involved should have been granted hearing (Alaska), 1574
– Valuation by expert who visited business properly accepted (Ind. Ct. App.), 1487

PROTECTION ORDERS

See DOMESTIC VIOLENCE

PUBLIC ASSISTANCE

– Child support

– – Birth-related expenses paid by Medicaid, adjudicated father must reimburse state (Tenn. Ct. App.), 1094
– – Recoupment of benefits paid to obligor's children, state action 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

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