Family Law Reporter: Index-Summary

WASHINGTON

– Attorneys, malpractice suit dismissed despite divorce client's speculation on outcome if matter had been tried (Wash. Ct. App.), 1032
– Child support, “extraordinary need” not required to exceed guidelines amount for higher income parents (Wash. Ct. App.), 1101
– Custody jurisdiction, former foster parents are “persons acting as parents” under UCCJEA (Wash.), 1164
– Domestic violence

– – Fourteen-year-old, relationship with older teen not covered by domestic violence law (Wash. Ct. App.), 1202
– – Immigration status, First Am. violated by protection order barring interference with (Wash. Ct. App.), 1185

– Hague Convention, equitable tolling applies so petition for return not time-barred (Wash. Ct. App.), 1116
– Paternity, state agency has standing under UPA to challenge parentage despite existence of presumed father (Wash. Ct. App.), 1142
– Premarital pact, unfairness not cured by postmarital amendment (Wash.), 1257
– Property division, order dividing pension benefits between unmarried cohabitants is QDRO under ERISA (9th Cir.), 1114
– Sexual abuse of stepchildren, lifetime ban on contact between abuser and wife upheld (Wash.), 1055
– Wills and estates, nonmarital child not included in bequest to “lawful descendants” (Wash. Ct. App.), **1078
– Wrongful death of adult child, parent may recover as party dependent on services (Wash.), 1536

WASHINGTON D.C.

See DISTRICT OF COLUMBIA

WEAPONS

See FIREARMS AND WEAPONS

WELFARE BENEFITS

See PUBLIC ASSISTANCE

WEST VIRGINIA

– Foster child, removal from same-sex couple's home for placement in “traditional” home improper (W. Va.), 1355
– Pension for disability became divisible retirement pay after plan participant reached retirement age (W. Va.), 1022

WILLS AND ESTATES

– Adoption of adult children

– – Foreign adoption, decree entered into solely for inheritance reasons entitled to full faith and credit (Neb.), **1256
– – Remainder interest, adult adopted by testator's son entitled to share after death of adopter (Ga.), 1119

– Assisted conception

– – Breach of 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
– – Sperm depositor, estate not entitled to specimens for surrogate usage (N.Y. App. Div.), 1209

– Divorce, customary dissolution under Hindu Marriage Act defeats surviving spouse claim (Ohio Ct. App.), 1329
– Donative transfers to caregiver/wife, deceased man's daughter loses bid to set aside (Cal. Ct. App.), 1546
– Entireties property, estate of wife may not proceed with contribution claim against husband for expenses she paid (Mich. Ct. App.), **1166
– Estate-planning lawyer liable to client's children for helping him violate divorce judgment (Wis.), 1427
– Estranged spouse's estate, foreign separate maintenance decree does not bar right to interest in (Mo. Ct. App.), 1058
– 401(k) benefits, estate has claim where trustee was told to close account (D. Colo.), 1476
– Guardian of children, parental testamentary nomination must be weighed against best interests (Neb. Ct. App.), 1141
– Husband's life insurance proceeds, lawyer may have duty to former client when later representing stepsons (S.C. Ct. App.), 1415
– Intestate succession, abandonment

– – Leaving child before birth, father may inherit from intestate son despite (Cal. Ct. App.), 1106
– – Support-paying father, inheritance from intestate daughter upheld despite lack of contact (Ohio Ct. App.), 1299

– “Lawful descendants,” nonmarital child not included in bequest to (Wash. Ct. App.), **1078
– Pension benefits

– – ERISA does not govern dispute re annuities paid to ex-wife of deceased participant (2d Cir.), 1427
– – Ex-wife trumps plan participant's estate given failure to submit QDRO to employer (U.S., additional briefs sought), 1010; benefits properly paid to ex-wife despite waiver (aff), 1142; attorneys discuss impact of decision, 1227

– Premarital pact, action by widow against estate of husband for surety payments not barred by waiver of claim to separate property (N.C. Ct. App.), 1310
– Premarital revocable trust, assets not part of testator's augmented estate (Neb.), 1102
– Property division

– – Death of party during divorce

– – – Community property, divorcing husband not “surviving spouse” entitled to (N.M. Ct. App.), 1231
– – – Equitable claim against marital assets, estate of decedent may assert (N.J. Super. Ct. App. Div.), 1147

– – Expectancy of inheritance does not warrant unequal division (N.C. Ct. App.), 1497
– – Land inherited by husband as life estate, wife entitled to interest in produce stand jointly operated on (S.C. Ct. App.), 1382

– Spousal elective share

– – Inter vivos transfer of property, effect on surviving spouse's right to share (Md.), **1030
– – Interspousal pact to divide assets equally, wife not barred from share against will of husband despite (Iowa Ct. App.), 1236

– Stepchildren and adopted child may not take land devised to bodily heirs of decedent's mother (Tenn. Ct. App.), 1574
– Taxation, Citigroup stock, British citizens living in Belgium did not hold as community property (T.C.), 1511
– Trust distribution only to grandchildren with Jewish spouses proper (Ill.), 1534
– Wife cannot be personal representative of deceased husband in divorce action (N.M. Ct. App.), 1521

WISCONSIN

– Child support calculation, undistributed taxable trust income must be weighed (Wis. Ct. App.), 1172
– Family support order, denial of downward modification of child support improper (Wis. Ct. App.), 1440
– Hague Convention, mother need not return Somalian refugee child to aunt who cared for child during mother's detention (E.D. Wis.), 1309
– Native Americans, lack of physical custody does not negate ICWA continued custody clause (Wis. Ct. App.), **1436
– Paternity, declaration in divorce based on parentage affidavit not barred by prior nonpaternity finding (Wis. Ct. App.), 1045
– Privacy, girlfriend had reasonable expectation boyfriend would not secretly tape her while nude (Wis. Ct. App.), 1128
– Property division, pre-divorce fraudulent transfer of gifted land to sibling bars enforcement of contract for return of property (Wis. Ct. App.), 1105
– Will-drafting lawyer liable to client's children for helping him violate divorce judgment (Wis.), 1427

WITNESSES AND TESTIMONY

See EVIDENCE; PRIVILEGED COMMUNICATIONS

WORKERS' COMPENSATION

– Frozen embryo implanted in wife of deceased worker, no dependency benefits for child (Ark. Ct. App.), 1047
– Widow entitled to husband's benefits despite alleged green card fraud (Va. Ct. App.), 1418

WRONGFUL DEATH

– Adult child, parent may recover as party dependent on services (Wash.), 1536
– Destruction of IVF embryo, Wrongful Death Act inapplicable (Ill. App. Ct.), 1017
– Homeowners not liable for death of infant while sleeping with parent who was guest (Ind. Ct. App.), 1551
– Paternity, presumption of legitimacy (Fla. Dist. Ct. App.), 1454

WYOMING

– Child support

– – Arrears owed under foreign decree, FFCCSOA covers despite requirement to pay college expenses for same period (Wyo.), 1136
– – Poor relationship with parent, support decrease improperly based on (Wyo.), 1297

– Guardianship, finding of parental unfitness required upon parental objection to continuation of (Wyo.), 1189
– Investment account, husband receipt as separate property in divorce decree did not waive wife's beneficiary rights (Wyo.), **1550
– Separation from half-siblings due to placement with father was not abuse of court discretion (Wyo.), 1586
– Visitation, custodial father who relocated out of state with children properly ordered to pay mother daily per diem during her visits (Wyo.), 1263