Administrative Agency Family Law

Read need-to-know updates, commentary, and analysis on Administrative Agency issues written by leading professionals.
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Court Determines that Stepchild Does Not Fall Under Definition of Child

The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s claim that he derived citizenship under INA §320(a) from his U.S. citizen stepfather, who married his non-citizen mother after he was born...more

SEC Interpretive Release on the Terms “Spouse” and “Marriage”

In another federal action that employers need take note of, last week the U.S. Securities Exchange Commission (SEC) issued its “Commission Guidance Regarding the Definition of the Terms ‘Spouse’ and ‘Marriage’ Following the...more

Split Decision: Today’s divorce seeks to minimize cost and antagonism

While many associate the word divorce as synonymous with painful and messy, a paradigm shift in conflict resolution has led to a specialty known as “collaborative divorce.” Gaining traction in Pennsylvania and part of an...more

If I won my case, why do I need to worry about an appeal? [Video]

Phoenix business law firm Jaburg Wilk appellate attorney Kathi Sandweiss discusses why people need to be aware of an appeal, even if they won their case. For more information visit www.jaburgwilk.com. ...more

DOL to Enforce Same-Sex Spouses FMLA Regulation In All But Four States

In our previous post, Same-Sex Marriage Partners Now Covered by FMLA, we reported on the final FMLA rule that expanded the definition of “spouse” under the FMLA to include employees in legal same-sex marriages. ...more

Guarding against a Trust's Destruction by Merger

A trust is not a trust if the “trustee” alone holds legal title to the subject property and alone possesses the entire beneficial/equitable interest. Instead, he owns the subject property outright and free of trust, all...more

Illinois Supreme Court to Hear Arguments in Five Civil Cases This Week

The civil portion of the Illinois Supreme Court’s argument docket for the January term begins tomorrow morning at 9:30 a.m. in the Court’s temporary courtroom on the 18th floor of the Michael A. Bilandic Building, 160 N....more

Unpublished BIA Decision: E-2 Spouses Not Required to Obtain EAD

On November 5, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision reversing the denial of an adjustment application and holding that the respondent was not required to obtain an employment...more

The trust decanting statutes: Nuisances that should be repealed.

Inherent in a trustee’s discretionary authority to make a distribution of trust property outright and free of trust to a permissible beneficiary of the trust may well be the authority to distribute the property instead to...more

Can I appeal my divorce case? [Video]

Kathi Sandweiss, an Appellate attorney at Phoenix Arizona's Business Law Firm Jaburg & Wilk, P.C. talks about appealing a divorce decree . She also talks about kinds of things that are typically appealed in divorce such as...more

Steven Getman: Legal links of interest for the week ending March 15, 2013

Legal links of interest for the week ending March 15, 2013 Friday, March 15, 2013 by Steven J. Getman, Esq. Attorney Steven Getman reports on some of the stories about courts, the law and lawyers in the news this past...more

Michigan Court of Appeals Approves Health Benefits for Unrelated Co-Residents of State Employees

On January 8, 2013, the Michigan Court of Appeals, in a two-to-one decision, held that the Michigan Civil Service Commission could extend eligibility in the State Health Plan to “other eligible adult individuals” (OEAI) who...more

FBAR-The New Marriage Penalty

For those U.S. taxpayers who are married to non-residents there is a new form of marriage penalty if the spouses filed joint returns. To be eligible to file joint returns an election must be made with the first joint return...more

MoFo New York Tax Insights - Volume 4, Issue 1 - January 2013

In This Issue: Court of Appeals Reverses Appellate Division, Holds that EchoStar’s Equipment Purchases Qualified as Sales for Resale; Appellate Court Holds Electronic Messaging Services Subject to Sales Tax; ALJ Finds...more

Illinois Supreme Court to Issue Final Four Civil Opinions on Friday Morning

This morning, the Illinois Supreme Court announced that it will issue four more civil opinions on Friday morning to close out 2012. The upcoming decisions deal with issues as diverse as res judicata and absolute immunity,...more

FMLA Leave For Same-Sex Couples To Be Clarified by Supreme Court's DOMA Decision?

This past Friday, the United States Supreme Court announced that it would consider whether the Defense of Marriage Act (DOMA) unlawfully denies benefits to gay and lesbian couples who are married in states that allow such...more

Controversial Legislative Amendments on Ice

On February 1, 2012, the new Wills and Succession Act (“WSA”) came into force, consolidating succession legislation in Alberta. The legislation – as originally unveiled - included significant amendments to portions of the...more

The Times They Are a-Changin’: What Employers Need to Know Now About Legislative Developments, NLRB Activities and the EEOC’s...

Prompted by many inquiries from employers about recent significant developments in workplace laws, Lane Powell provides the following overview on the Marriage Equality Act and the recreational marijuana initiative passed by...more

Gaining Access to Funds for Living Expenses and Attorney’s Fees Might get Easier

Access to funds – for living expenses and attorney’s fees – is often a challenge for a stay-at-home spouse or domestic partner during a dissolution. The working spouse or partner continues to have income and the ability to...more

CFPB Proposes Making it Easier for Stay-at-Home Spouses and Partners to Get Credit Cards

On October 17, the Consumer Financial Protection Bureau (CFPB or Bureau) proposed updates to existing regulations to make it easier for spouses or partners who do not work outside of the home to qualify for credit cards. The...more

Adoptees To Get Birth Certificates

In November 2011, a new Illinois law became effective that allows Illinois born adult adoptees to obtain non-certified copies of their birth certificates from the Illinois Department of Public Health. Adoptees must be at...more

Division of Pensions on Marriage Breakdown: New Rules

Significant changes came into effect on January 1, 2012, regarding the treatment of pension benefits of Ontario members who go through a breakdown of their spousal relationships. The new regime is a big improvement over the...more

Two New Ordinances Go into Effect in Philadelphia

Covered employers must provide paid sick leave to employees and equal health benefits to employees' life partners. On July 1, two new ordinances went into effect in Philadelphia; both will affect employers that contract...more

Divorce Settlements With Foreign Assets; What Are The Risks?

Many couples going through marital separations (divorce) have interests in foreign assets. Often these are dual nationals who have interests in family businesses in their country of origin, but regardless of the source of the...more

Windfalls Erased For Divorcing Spouses [Florida]

More often than not, spouses name each other as beneficiaries on various testamentary documents. Through inadvertence, oversight, or just bad timing (i.e., dying too fast) they often do not get around to removing a former...more

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