Family Law Reporter: Index-Summary

SAME-SEX MARRIAGE

– Constitutional amendments banning marriage

– – Ban upheld, no retroactive effect (Cal.), 1339
– – Standing, lesbian couples may not challenge Okla. amendment (10th Cir.), 1357

– County executive, order to agencies to recognize out-of-state marriages upheld (N.Y. App. Div.), 1118
– Insurance benefits for couples married out of state

– – Equal benefits mandated by N.Y. agency, 1059
– – State employees, extension of health coverage to spouses upheld (N.Y. App. Div.), 1135

– Legislative actions

– – Me. governor signs bill permitting, 1311
– – N.H. governor signs bill allowing, 1359
– – Vt. legislature removes statutory ban, 1251

– Statutory bar invalid (Iowa), **1243
– Voters approve bans in 3 states, 1023

SCHOOLS

See EDUCATION

SECOND AMENDMENT

– Domestic violence, ban on firearm possession by defendant upheld (N.J. Super. Ct. App. Div.), 1378

SEPARATION AGREEMENTS

See INTERSPOUSAL AGREEMENTS

SERVICE OF PROCESS

– Parental rights loss, jurisdiction unaffected by summons-related deficiencies (N.C.), 1177

SEVENTH AMENDMENT

– Child support matter, right to jury trial (U.S., rev sought), 1299; (rev den), 1383

SEVERANCE PAY AND BENEFITS

– Alimony, laid-off obligor's pay for training replacement is severance pay covered by support pact (Ohio Ct. App.), 1080

SEXUAL ABUSE

See CHILD ABUSE

SEXUAL ORIENTATION

– Adoption

– – Attorneys, state bar did not violate dissenting members' free speech rights by allowing section to file amicus brief on gay adoption (Fla.), 1379
– – Genetic mother of child gestated by same-sex spouse, adoption ensures foreign recognition of parentage (N.Y. Surr. Ct.), 1291
– – Out-of-state adoptions

– – – Amended birth certificate, same-sex couple entitled to document from state (E.D. La.), 1099
– – – Full faith and credit, foreign decree obtained by former partners 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

– – Precertification, petition to adopt child of same-sex spouse granted (N.Y. Fam. Ct.), 1128
– – Statutory ban on adoption by homosexuals invalid (Fla. Cir. Ct.), 1051

– Alimony, same-sex relationship of obligee not basis for ending support (Ala. Civ. App.), **1100
– Child support and parentage, no family court jurisdiction to enter orders against same-sex former partner (N.Y. App. Div.), 1342
– Custody

– – Agreed entry filed during relationship, pact to share custody of child of former partner upheld (Ohio Ct. App.), 1188
– – Dissolution of civil union, Va. registration of Vt. custody/visitation orders upheld (U.S., rev den), 1071; no jurisdiction for declaratory judgment action (Va. Ct. App.), 1393
– – Joint custody, substantial harm to child test applies to petition by former partner (La. Ct. App,), 1363
– – Standing, former partner may not seek custody of child born to partner during civil union (N.Y. App. Div.), 1262
– – Uniform Parentage Act (UPA), former lesbian partner lacks standing to bring custody action (Del.), **1159

– Domestic partners

See DOMESTIC PARTNERS

– Foster child, removal from lesbian couple's home for placement in “traditional” home improper (W. Va.), 1355
– Marriage

See SAME-SEX MARRIAGE

– Visitation, ban on noncustodial father exposing children to “homosexual partner and friends” vacated (Ga.), 1371

SOCIAL SECURITY

– Child support

– – Credit for dependent benefits obligor receives for second child, disabled obligee with custody of one child not entitled to (Me.), 1345
– – Custodial parent disability, dependency benefits are income to child (Colo. Ct. App.), **1244
– – Designated payee, disabled obligor improperly ordered to transfer to custodial mother benefits paid on behalf of children (N.C. Ct. App.), 1044
– – Lump-sum disability payments to children

– – – Credit against disabled obligor's arrears denied (Miss. Ct. App.), **1028
– – – Equity controls credit against arrears (Ark.), **1027

– Property division, usage of offset method to divide retirement benefits rejected (Mo. Ct. App.), **1298

SOUTH CAROLINA

– Alimony, income not imputed to obligor taking lower paying job instead of relocating (S.C. Ct. App.), 1296
– Custody jurisdiction, finding of continued residence not barred by living in another state (S.C. Ct. App.), 1281
– Parental rights loss, failure to support child improper basis for terminating rights of unwed father (S.C. Ct. App.), 1178
– Property division

– – Fugitive disentitlement doctrine bars appeal by divorced contemnor (S.C. Ct. App.), 1275
– – Produce stand, wife entitled to interest in business jointly operated on land husband inherited as life estate (S.C. Ct. App.), 1382

SOUTH DAKOTA

– Alimony calculation, income of obligor's new spouse not imputed to obligor (S.D.), 1220
– Child support, guideline deviation for voluntary underemployment improper when income not reduced (S.D.), **1008
– Premarital pact, property waiver may not be negated by alimony claim (S.D.), 1305

SPANKING

– Hague Convention, disciplinary spankings by parent not grave risk but undertakings imposed after return of children (S.D. Fla.), 1113
– Spoon, 5-year protection order properly entered against divorced mother who hit child with (Ohio Ct. App.), 1346

SPORTS AND RECREATION

– Child support

– – NFL player, “share the wealth” analysis improperly applied to increase support duty (Ky. Ct. App.), 1139
– – NHL player, support duty set in pact negotiated before league lockout properly reduced (N.C. Ct. App.), 1272

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

SPOUSAL SUPPORT

See ALIMONY

STALKING

See DOMESTIC VIOLENCE

STANDARD OF PROOF

See BURDEN OF PROOF

STANDING

– Adoption expenses, public defender aiding judicial review of attorney applications may not challenge awards given (Okla.), 1044
– Custody, same-sex couples

– – Child born to partner during civil union, former partner may not seek custody of (N.Y. App. Div.), 1262
– – Uniform Parentage Act, former partner not “parent” under (Del.), **1159

– Domestic violence, no protective order against paramour since no cohabitation (Ky. Ct. App.), 1130
– Education, noncustodial parent may not contest under IDEA special education services in public school (2d Cir.), 1370
– Paternity, state agency may challenge parentage under Uniform Parentage Act despite existence of presumed father (Wash. Ct. App.), 1142
– Same-sex marriage ban, lesbian couples may not challenge Okla. constitutional amendment (10th Cir.), 1357
– Visitation

– – Adoption of children by maternal grandmother and husband, paternal grandfather may seek visits despite (Ind. Ct. App.), 1189
– – Psychological parent, man unrelated to child may seek visits as (Ohio Ct. App.), 1179

STATUTES OF LIMITATIONS

– Child support arrearages

– – Forty-four-year-old son, obligor properly ordered to pay past-due support for (Ill. App. Ct.), 1211
– – Public assistance paid to obligor's children, state action to recoup time-barred (Ind. Ct. App.), 1019

– Hague Convention, equitable tolling applies so petition for return not time-barred (Wash. Ct. App.), 1116
– Paternity, request by unwed mother for genetic testing improperly denied as untimely (N.C. Ct. App.), 1118
– Wills and estates, surrogacy contract claim against deceased father's Tex. estate by children born as result of Cal. pact is governed by Cal. limitations period (Cal. Ct. App.), 1358

STEPPARENTS

– Adoption

– – Default judgment estops relitigation of marital validity (Ark.), **1076
– – Jailed father improperly denied transportation to adoption hearing (Kan. Ct. App.), 1367

– Child sex abuse, lifetime ban on contact between stepchildren's abuser and wife upheld (Wash.), 1055
– 401(k) funds, designation of stepdaughter as beneficiary not revoked upon divorce (Cal. Ct. App.), 1103

STOCK

– Child support calculation, increased value of brokerage account not included as income until stock sold (Tenn. Ct. App.), 1381
– Property division, husband not shareholder despite marital interest in wife's stock (Neb.), **1112

STUDENTS

See EDUCATION

SUBSTANCE ABUSE

See DRUGS

SUPPORT

– Child support

See CHILD SUPPORT

– Spousal

See ALIMONY

SUPREME COURT, U.S.

– Adoption, unwed father's action to set aside for fraud (rev den), 1275
– Child support

– – Jury trial, right to (rev sought), 1299; (rev den), 1383
– – Wage garnishment, federal claim for reimbursement of (rev sought), 1191; (rev den), 1203

– Custody jurisdiction

– – Civil union dissolution, Va. registration of Vt. custody/visitation orders upheld (rev den), 1071
– – Foreign paternity acknowledgment, child born out of state (rev sought), 1131; (rev den), 1191

– Divorce, duration of order barring disposal of marital property (rev sought), 1215; (rev den), 1275
– Guardianship, incapacitated family member (rev sought), 1167; (rev den), 1215
– Hague Convention, ne exeat rights of parents

– – Breach of order not violation of right of custody (rev sought), 1071; (rev grant), 1395
– – Court nominee Sotomayor involved in circuit split on issue, 1335
– – Unmarried parents, father lacks right of custody (rev sought), 1107

– Life insurance benefits, ex-wife trumps widow given failure to change beneficiary designation (rev sought), 1107; (rev den), 1143
– Loss of consortium, parental claim for injury to adult child (rev sought), 1167; (rev den), 1215
– Marriage, fraudulent inducement claim dismissed (rev sought), 1383
– Parental rights loss, validity of adoption consent (rev den), 1059
– Pension benefits, waiver upon divorce, ex-wife trumps plan participant's estate given failure to submit QDRO to employer (additional briefs sought), 1010; benefits properly paid to ex-wife despite waiver (aff), 1142; attorneys discuss impact of decision, 1227
– Property division, tax deduction for child dependency, bankruptcy discharge (rev sought), 1071; (rev den), 1143
– Visitation, father's objection to visits from parents of deceased mother (rev den), 1287

SURROGACY

See ASSISTED REPRODUCTION

SURVIVOR BENEFITS

– Pension/retirement funds

See PENSIONS

– Wills and estates

See WILLS AND ESTATES