Violence Against Women Act Reauthorized By The U.S. Senate by Collins & Collins, P.C. on 5/21/2012 On April 26, 2012 the U.S. Senate voted 68-31 to reauthorize the Violence Against Women Act (VAWA) for an additional 5 years, despite efforts by opponents to pass a more narrow version of the Act. The Senate version contains...more
Failure To Submit Background Check A Valid Reason For Modifying Child Custody Agreement by Warner Norcross & Judd - Appellate Practice... on 5/17/2012 In Mitchell v. Mitchell, an ex-wife’s refusal to provide her ex-husband with a background check on her current boyfriend ended with the Michigan Court of Appeals ruling that a modification to the divorced couple’s child...more
A Hard-Won Case Defending a Father’s Rights by Bryan L. Salamone and Associates P.C. on 5/9/2012 In a unique and groundbreaking decision, the court has transferred custody of a ten-year-old girl from the custodial parent (the mother) to the child’s father. The court has also prohibited the mother from contacting the...more
What Factors Do the State Consider When Awarding Child Custody? by Bryan L. Salamone and Associates P.C. on 5/7/2012 If you have children, whether you are considering a divorce, or in the midst of one, child custody is likely one of your major concerns. First, you should never progress through any level of a divorce proceeding without an...more
No-fault Divorces by Howard Ankin on 5/7/2012 Divorce is never easy but Illinois is one of more than 20 states that allow no-fault divorces as well as fault dissolution’s on the grounds of impotency, adultery, bigamy, desertion, cruelty or a felony conviction. Couples...more
For Better or For Worse, Court Finds Joint 998 Offer To Husband and Wife Sufficient Basis For Expert Witness Fees and Costs Award by Barger & Wolen on 5/2/2012 In Farag v. ArvinMeritor Inc., 2012 DJDAR 5206 (April 24, 20120), the California Court of Appeal for the Second Appellate District affirmed a post-judgment order denying plaintiffs’ motion to tax expert witness costs....more
BVI injunctions in aid of foreign divorce proceedings by Harney Westwood & Riegels on 4/27/2012 Further to the series on interim remedies, Global Head of Litigation, Phillip Kite outlines the available options for injunctions in aid of foreign divorce proceedings. This area has expanded in recent years, in particular...more
The Dangers of Not Documenting Child Support Payments by Collins & Collins, P.C. on 4/27/2012 Child support payments can become an extremely contentious issue among former partners. While non-custodial parents sometimes simply fail to pay their child support obligations, in other situations non-custodial parents pay...more
What is a Palimony Action? by Bryan L. Salamone and Associates P.C. on 4/20/2012 Palimony is spousal support for couples who are united through common law marriage. A common law marriage is marriage that occurs when two people in a relationship cohabitate a dwelling for an extended period. New York has no...more
Seventh Circuit Addresses International Custody Dispute Under International Convention by Cadwalader, Wickersham & Taft LLP on 4/16/2012 Norinder v. Fuentes, No. 10-2753 (7th Cir. 2011), is the rare case in federal court, and even rarer in the federal appellate system, to address custody issues. The Hague Convention on the Civil Aspects of International Child...more
No Interim Division of Income and Expense During a Co-habitation Break-up in New Mexico by Collins & Collins, P.C. on 4/16/2012 According to the U.S. Census Bureau, in 2010, 45% of households in the U.S. were made up of unmarried couples. Even though the trend on a national level is for couples to live together instead of getting married, under New...more
Dennis Rodman Facing Jail for Unpaid Support by Lawyers.com on 4/3/2012 Former NBA star Dennis Rodman reportedly owes his ex-wife Michelle $808,935 in unpaid child support and $51,441 in unpaid spousal support. His support obligations continue to mount, to the tune of $9,500 a month. And he...more
Matter of Sharon B. 72 NY2d 394 and People ex. rel., 161 NY 233 Westchester County SPCC, Kenneth Ellman, Prosecutor by Kenneth Ellman on 4/2/2012 From Kenneth Ellman, Email:ke@kennethellman.com Extract from Kenneth Ellman case commentary, Copyright Kenneth Ellman, 2012, All Rights Reserved. The case of Sharon B. 72 NY 2d 394 is significant in that it confirms the...more
Exemption From Criminal Liability Of Family Members For Certain Crimes by Rey Cartojano on 3/19/2012 Article II Section 12 of the Constitution provides that the State shall protect and strengthen the family as a basic autonomous social institution. As a policy of the State, it is the duty of the State to fortify the union of...more
Court Must Offer A Hearing Or Interview Petitioner Before Dismissing Petition For Personal Protective Order by Warner Norcross & Judd - Appellate Practice... on 3/19/2012 Petitioner filed a petition for personal protective order against a neighbor. She did not request that the petition be granted ex parte. Nonetheless, the circuit court judge considered the application without interviewing...more