Civil Remedies Family Law

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Forced Sex During Marriage Can Lead to a Protection From Abuse Order

Did you know that a spouse can get a protection from abuse order against the other for forced sex? That is what happened in the recent case of Boykai v. Young, 2004 Pa. Super. 4 (January 7, 2014). In Pennsylvania, the...more

Could it be that the Uniform Trust Code would effectively immunize the trustee of a revocable inter vivos trust from liability for...

Section 603 of the Uniform Trust Code provides that while a trust is revocable and the settlor has capacity to revoke the trust, rights of the beneficiaries, such as the equitable remaindermen, are subject to the control of,...more

Illinois Supreme Court Holds Custody Evaluator's Fees Not Court Costs Under Dismissal Statutes

On Thursday, the Illinois Supreme Court handed down its decision in In re Marriage of Tiballi, answering a question of potential importance to domestic relations practitioners: are the fees of a court-appointed psychologist...more

Spendthrift & Discretionary Trusts in Florida: Further Analysis of Berlinger v. Casselberry

In Berlinger v. Casselberry, Case No. 2D12-6470, 6 (Fla. 2d DCA Nov. 27, 2013), the Florida Second District Court of Appeal upheld a writ of garnishment issued by a trial court against the trustee of a discretionary trust...more

Sanctions for Retaining Non Admitted Co Counsel Are Not Proper

In Marriage of Bianco, the California Court of Appeal for the Fourth Appellate District overturned a sanctions award of attorney fees. The award was rendered in a family law dispute....more

Temporary Relief While Divorce Litigation is Pending ? What is Pendente Lite Relief?

Waiting until divorce proceedings are complete to receive alimony and child support can cause significant financial hardship. Pendente lite (a Latin term meaning “pending litigation”) relief can help ease the financial burden...more

The constructive general inter vivos power of appointment: A trap for the unwary trustee and his counsel

The constructive general inter vivos power of appointment is the product of the marriage of power of appointment doctrine and creditors’ rights doctrine. It is a topic that is taken up in §4.1.3 of Loring and Rounds: A...more

The Uniform Trust Code’s stealth attack on the Trustee’s time-honored duty to defend his trust

One of the critical duties of a trustee traditionally has been to defend his trust against internal attacks. By that I mean to defend the trust against those who, in contravention of the settlor’s intentions as expressed in...more

A Sense of Security with Orders of Protection in Arizona

Going through a divorce or a dispute in your personal life can be stressful, especially if you fear the safety of yourself and loved ones. Orders of protection are one way you can protect you and your family if you feel...more

Illinois Supreme Court Reaffirms Disgorgement of Advance Payment Retainers Under the Dissolution of Marriage Act

This morning, a unanimous Illinois Supreme Court strongly reaffirmed the "leveling the playing field" rules of the Marriage and Dissolution of Marriage Act in In re Marriage of Earlywine. The Act provides that a court can...more

Discerning the true settlor of a trust

The person designated in the terms of a trust as its settlor (creator) may not necessarily be its true settlor (creator). Appearances are often deceiving in the world of the trust. Charles E. Rounds, Jr. explains in §8.43 of...more

After Divorce, Who Decides The Child’s Religion?

Last year, actors Tom Cruise and Katie Holmes divorced after a five-year marriage. The cause of the divorce reportedly centered on the religious upbringing of their daughter. Holmes was raised as a Roman Catholic and...more

Children as Witnesses in a Domestic Violence Dispute

In M.J.T. v. A.V.B., the New Jersey Appellate Division overturned the trial court’s entry of a Final Restraining Order (“FRO”) against the defendant. The only witness to the alleged incident of domestic violence was the...more

Legal Byte: Attorney Vacations & the Court’s Calendar

You need a vacation, but, other counsel is being difficult. What is the law? ...more

Lifetime Lump Sum Workers' Comp Settlement Fully Allocable for Child Support

How is a worker's lump-sum settlement for a disabling injury -- a payment meant to compensate for lost income for the remainder of the worker's expected working life -- treated for purposes of calculating the non-custodial...more

Can an Expectant Mother who is the Victim of Domestic Violence Obtain a Restraining Order on Behalf of her Unborn Child?

A seventeen year old girl who was brutally beaten by four individuals in an attempt to terminate her pregnancy has scored a legal victory for her unborn child....more

What Exactly is a Restraining Order in Michigan?

In Michigan, a restraining order is known as a personal protection order (PPO). Issued by the court, a PPO can protect you from harassment, assault, beating, molesting, wounding or stalking. A PPO can provide you important...more

Judge Rules for Same-Sex Marriage Partner Who Was Denied Immigration Benefits

On Friday, April 19, 2013, U.S. District Court Judge Consuelo Marshall in Los Angeles, CA, ruled that the U.S. Citizenship and Immigration Services (the “USCIS”) denied Jane Deleon equal protection of the law when it refused...more

Married Same-Sex Couples Should File Protective Claims For Tax Refunds Now

When the Supreme Court ultimately decides United States v. Windsor, it could strike down the portion of the Defense of Marriage Act (DOMA) that prohibits married same-sex couples from receiving the federal benefits provided...more

Choosing the Right Asset Search Company

When looking to conduct an asset search, it is important to carefully choose a qualified asset search company to assist you. The internet has become second nature to the majority, making it simple for anyone to create a...more

Argument Report: The Constitutional Implications of Advance Payment Retainers and Divorce Claw-Back

Earlier this week, the Illinois Supreme Court heard oral arguments in Earlywine v. Earlywine. In a fascinating, albeit one-sided argument (there was no appearance for the appellee), the Justices actively debated a wide...more

Out of Harm’s Way: Domestic Violence and Divorce

Divorce can be an extremely emotional experience, fraught with sadness, anger and even a sense of helplessness. These feelings are exacerbated for someone who has been the victim of domestic violence. If you are the victim...more

A Busy Day of Civil Arguments at the Illinois Supreme Court

Tomorrow will be a busy day for the Illinois Supreme Court's civil docket, with five cases being argued, beginning at 9:00 a.m. They are...more

Churchill Wisdom; On Advice

Listen to your Attorney. Listen to those professionals that you hire to tell you what to do!...more

New Year….New Laws: A Preview of 2013 Family Law Statutes

Each new year brings us new laws, and this year is no different. Some years there are more significant law changes than in others, but regardless of the significance or insignificance, each and every person is responsible...more

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