Family Law Reporter: Index-Summary

TAXATION

– Alimony

– – Attorney's fees, court-ordered payments to former spouse not deductible as alimony (T.C.), 1010
– – Child support duty unmet, no alimony deduction (T.C.), 1106

– Bankruptcy, dischargeability of divorce-related tax debt must be reweighed (Ind. Ct. App.), 1173
– Child dependency, deduction awarded to respondent (U.S., rev sought), 1071; (rev den), 1143
– Child support calculation, undistributed taxable trust income must be weighed (Wis. Ct. App.), 1172
– Citigroup stock, British citizens living in Belgium did not hold as community property (T.C.), 1511
– Family support, obligor IRA funds ordered transferred to trust for ex-wife taxable, IRS memo advises, 1491
– Innocent spouse relief

– – IRS employee not entitled to relief re unpaid taxes from wife's business (T.C.), 1574
– – Tax Court's consideration of request not limited to administrative record (11th Cir.), 1175

– Military retirement plan, distributions to ex-wife included in her taxable gross income (T.C.), 1091
– Non-family household members are qualifying relatives for dependency exemption (T.C.), 1155
– Noncustodial parent exemption for child, documentation requirements, IRS issues explanation, 1443
– Property division, payroll tax debt owed by spouse's business improperly allocated (Va. Ct. App.), 1214

TENNESSEE

– Alimony

– – Former marital home, pact to end support upon involuntary job loss covers duty to pay mortgage (Tenn. Ct. App.), 1056
– – Health of obligee, lack of anticipated decline not basis for support change (Tenn. Ct. App.), 1080
– – Transitional support, change in award for remarried obligee upheld (Tenn. Ct. App.), 1187

– Child support

– – Arrearages, pact negotiated by impostor posing as mediator properly set aside (Tenn. Ct. App.), 1153
– – Birth-related expenses paid by Medicaid, adjudicated father must reimburse state (Tenn. Ct. App.), 1094
– – Brokerage account, increased value not included in parental income until stock sold (Tenn. Ct. App.), 1381
– – Jurisdiction, modification of out-of-state order barred by UIFSA (Tenn. Ct. App.), 1104
– – Retroactive support, award upheld as of date of petition instead of entry of contested order (Tenn. Ct. App.), 1201
– – Savings account for children's medical expenses, obligor failing to deposit money must pay mother (Tenn. Ct. App.), 1093

– Custody

– – Job loss, divorced mother and child may relocate to Cayman Islands after (Tenn. Ct. App.), 1176
– – Modification of custody, jurisdiction lacking after children relocated (Tenn. Ct. App.), 1154
– – Native Americans, Existing Indian Family Doctrine recognized (Tenn. Ct. App.), 1298
– – No paramours rule subordinate to children's best interests (Tenn. Ct. App.), 1520
– – Reasonable purpose for relocation lacking, custodial mother with no job prospects may not relocate to Germany with children (Tenn. Ct. App.), 1282

– Divorce

– – Attorney having relationship with client may sue police for sharing sex tape with others (Tenn. Ct. App.), 1091
– – Interspousal agreements, retirement/investment accounts, post-divorce division proper (Tenn. Ct. App.), 1572
– – Nunc pro tunc decree improper since action abated upon death of party (Tenn.), **1029

– 401(k) account, net gain on premarital balance is marital property (Tenn.), 1568
– Loss of consortium, legal marriage required to advance claim (M.D. Tenn.), 1479
– Parental rights loss, Native American mother not resident of reservation so ICWA inapplicable (Tenn. Ct. App.), 1298
– Property division

– – Attorney, contingent fee received after divorce filing properly deemed marital (Tenn. Ct. App.), 1035
– – Marital home, portion of sale proceeds awarded as pendent lite support not part of marital divisible marital estate (Tenn. Ct. App.), 1366
– – Pension and premarital annuity, passive increase in value not marital asset (Tenn. Ct. App.), 1236
– – SSI benefits, wife's lump-sum payment properly excluded (Tenn. Ct. App.), 1502

– Wills and estates, stepchildren and adopted child may not take land devised to bodily heirs of decedent's mother (Tenn. Ct. App.), 1574

TERMINATION OF PARENTAL RIGHTS

See PARENTAL RIGHTS TERMINATION

TESTIMONY

See EVIDENCE; PRIVILEGED COMMUNICATIONS

TEXAS

– Annulment for fraud, nondisclosure of number of prior marriages sufficient basis (Tex. Ct. App.), 1380
– Attorney-mediator, drafting divorce papers for unrepresented persons barred (Tex. ethics opinion), 1011
– Child born to same-sex partner during relationship, woman lacks standing to seek custody (Tex. Ct. App.), 1461
– Child support calculation

– – Income, self-employed father's credit for unpaid taxes proper (Tex. Ct. App.), 1466
– – Structured settlement annuity, some payments must be included (Tex. Ct. App.), 1405

– Child support jurisdiction, home state prevails where two states have continuing exclusive authority (Tex. Ct. App.), 1126
– Custody

– – Entry of disposition order after dismissal for lack of jurisdiction improper (Tex. Ct. App.), 1429
– – Jurisdiction, no extension of UCCJEA authority to unborn child (Tex. Ct. App.), 1045
– – Managing conservator, man who lived with mother and child lacked standing to seek appointment (Tex. Ct. App.), 1478
– – Military custodial parent, no relinquishment of child under modification law despite future deployment (Tex. Ct. App.), 1353
– – Native Americans, strict compliance with ICWA notice directives required when child may be Indian (Tex. Ct. App.), 1258
– – Nonparents, man who helped care for ex-wife's twins conceived with anonymous donor sperm lacks standing to seek joint custody after relationship ends (Tex. Ct. App.), 1489

– Divorce, nonparty witness, Tex. court issuance of document production order re Minn. action improper (Tex. Ct. App.), 1419
– Interspousal agreements

– – Civility pact unenforceable by contempt (Tex.), 1174
– – Disabled ex-husband, stipulation that wife contribute to post-divorce care is invalid indefinite contract (Tex. Ct. App.), 1333

– Loss of consortium, parental claim for injury to adult child (U.S., rev sought), 1167; (rev den), 1215

THAILAND

– Hmong cultural adoption not valid under Thai law not binding in UIFSA support action (Minn. Ct. App.), 1474

TORTS

– Alienation of affections

– – Federal diversity jurisdiction, claim failing to meet amount in controversy requirement must be remanded to state court (W.D.N.C.), 1503
– – Out-of-state paramour's contact with man's wife warrants personal jurisdiction (N.C.), 1392

– Battery, divorced noncustodial father has standing to bring suit against custodial mother and stepfather on daughter's behalf (Utah Ct. App.), 1431
– Fraud

See FRAUD

– Loss of consortium

– – Legal marriage required to advance claim (M.D. Tenn.), 1479
– – Parental claim for injury to adult child (U.S., rev sought), 1167; (rev den), 1215

– Malpractice

See MALPRACTICE

– Negligence

– – Health insurance, claim against plan for disclosing address to former spouse not preempted by ERISA (C.D. Cal.), 1319
– – Paternity test, federal jurisdiction (S.D. Ill.), 1454
– – Wrongful adoption, nondisclosure of birth parent's schizophrenia not negligent misrepresentation by adoption agency (Pa.), 1200

– Outrageous conduct, attorney having relationship with divorce client may sue police for sharing sex tape with others (Tenn. Ct. App.), 1091
– Privacy invasion, wife may sue husband for covertly taping her in marital home (Iowa), **1111
– Property rights in brain of deceased parent that was removed for autopsy, question certified to Mich. court (6th Cir.), 1491
– School receptionist not immune from suit re release of child to noncustodial parent (Ga.), 1419
– Wrongful birth, parents may seek damages to cover costs of caring for disabled adult child (Ill. App. Ct.), 1294
– Wrongful death

See WRONGFUL DEATH

– Wrongful discharge, worker fired re child support order may proceed with claim (Mo. Ct. App.), 1548

TRUSTS

– Child support

– – Life insurance, obligee not entitled to constructive trust on proceeds despite obligor's breach of pact to maintain policy for child (Or. Ct. App.), 1270
– – Undistributed taxable trust income must be weighed in setting support (Wis. Ct. App.), 1172

– Wills and estates, assets in premarital revocable trust not part of testator's augmented estate (Neb.), 1102