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Family Law Updates

Read Family Law updates, news, and legal commentary from leading lawyers and law firms:

Supreme Court Of New Jersey Departs From Standard Utilized In Custody Relocation Cases

by Fox Rothschild LLP on

One of the most hotly contested issues in family law arises when one parent requests, after a divorce, to relocate outside the state with the parties’ children. This creates a clash between one parent’s interest in fulfilling...more

New Child Support Guidelines Effective September 15, 2017

by Burns & Levinson LLP on

New child support guidelines have been issued by Chief Justice Paula Carey, which go into effect on September 15, 2017. The new guidelines apply to all child support orders issued after that date. Substantive changes from...more

Supreme Court Of New Jersey Departs From Standard Utilized In Relocation Cases

by Fox Rothschild LLP on

In what seemed like an eventual, but no less dramatic change in family law jurisprudence, the Supreme Court of New Jersey in Bisbing v. Bisbing overturned the well-established two-part test used in determining whether a...more

Recent Arizona Appeals Court Ruling Clarifies Child Support Guideline Deviations

by Jaburg Wilk on

On June 15, 2017, the Arizona Court of Appeals (Division One) delivered its decision in Nia v. Nia (Nia v. Nia – 1 CA-CV 16-0380 FC). The Nia decision affirmed the decision of Judge Stephen Hopkins and serves to clarify...more

Enforcing Court Orders in Family Law

What happens when your former spouse or ex-partner refuses to comply with a court order? After going through a difficult court proceeding and draining your bank account to pay legal fees, it is very frustrating when the...more

Trust Protectors, Trust Directors, and the Uniform Directed Trust Act

by Charles E. Rounds, Jr. on

The Uniform Directed Trust Act (the “Act”), approved July 19, 2017 by the National Conference of Commissioners on Uniform State Laws, purports to govern irrevocable directed trusts. For purposes of the Act a directed trust is...more

Is Football Destined To Become A Legal Custody Football?

by Fox Rothschild LLP on

In most cases, there isn’t much to write on the subject of legal custody. In Pennsylvania, it is the right to make decisions affecting the child’s welfare; in contrast to physical custody which is where kids spend their time....more

Need Another Reason To Avoid Mixing Family & Finances?

by Bryan Cave on

You have a big heart and a little bit of money. You want to help out a cash-strapped family member, and – “because you’re family” – you don’t put down how much you’ll loan or how it’ll be paid back. ...more

Dividing IRAs in the Context of a Divorce – No Good Deed Goes Unpunished

by McNair Law Firm, P.A. on

The recent United States Tax Court case of Jeremy Ray Summers v. Commission, T.C. Memo 2017-125, is an example of the old adage that “no good deed goes unpunished.” The case also highlights how sometimes form triumphs over...more

What You Need To Know About Nevada’s New Domestic Violence Victims’ Law

by Fisher Phillips on

By the turn of the New Year, employers in Nevada will have an obligation to provide workplace protections to domestic violence victims, including time off from work. Starting January 1, 2018, Nevada employees will be entitled...more

The Do’s And Don’ts Of Summertime Custody

by Cozen O'Connor on

Summertime and the living is easy, that is, except for those involved in a custody dispute. With relaxed schedules, vacations, camp, and changing activities, summertime custody can prove to be more difficult for parties to...more

The Examination Of A Child In A Protection From Abuse Hearing

by Fox Rothschild LLP on

Governor John Carney recently signed House Bill 141 into law. The Bill amends Section 1042 of Title 10 of the Delaware Code regarding protection from abuse proceedings by creating a new subsection (f). This subsection...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19577 - Estate of Brooks v. Commissioner of Revenue Services - Husband died in Florida in 2000 and left a large amount of securities in two QTIP trusts for the benefit of his...more

Registration of Out of State Custody Orders

Most states have adopted the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). This Act requires one state court to recognize the custody order of another state court. ...more

A Rainbow By Any Other Name-Legal Name Change Granted For Transgender Child

by Fox Rothschild LLP on

In a case of first impression in New Jersey, I was privileged to represent the mother and custodial parent of a transgender child in a contested, but successful, application for the child’s legal name to be changed to the...more

July Is the New January: Beware of Employment Regulations About to Take Effect

by Littler on

As we close out the first half of the year, July ushers in numerous changes in labor and employment law. Notably, many statutes and administrative regulations across the country become operative in July. Before the fireworks...more

Who Do You Want To Be Your Voice for Medical Matters?

by Pessin Katz Law, P.A. on

In the recently completed legislative session, a bill was passed to revoke the ability of certain individuals to serve as an Agent under a Medical Directive. A Healthcare Directive informs your health care provider about your...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: - AC38945 - Shook v. Bartholomew - AC38945 - Shook v. Eastern Connecticut Health Network, Inc. Defendants could not appeal plaintiff’s verdict in this motor vehicle accident...more

Bitcoin Redux With An Ethereal Twist

by Fox Rothschild LLP on

We last wrote about Bitcoins in late March, 2014. The principal concern we expressed at that time was that these cryptocurrencies might form a refuge from financial disclosure in the typical divorce setting. The specifics of...more

Custody: Relocation and School Changes-plan Ahead

School placement for children during and after a divorce can be a very contentious topic between spouses. Addressing educational opportunities and placements for the children is a vital step in resolving custody and parenting...more

Employment Law This Week: NLRB’s “Quickie Election” Rules, Layoff Doesn’t Violate FMLA, Plans Exempt from ERISA, Amended...

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

May a vindicated trustee be reimbursed personally from the trust estate even for those defense costs that were covered by his...

by Charles E. Rounds, Jr. on

As to whether the vindicated trustee’s claim against the trust estate for defense counsel’s fees should be offset by payments made to defense counsel by the trustee’s personal liability insurance carrier, at least one court...more

Estate Planning and Prenuptial Agreements: Tax Implications of Alimony

by McNair Law Firm, P.A. on

When contemplating marriage and estate planning, frequently, individuals will enter into prenuptial (premarital) agreements to address their rights and obligations during the marriage and in the event of a divorce or death. A...more

Estate planning during divorce: It’s never too early to start

by Thompson Coburn LLP on

Estate plans prepared for married couples will vary in complexity and detail but generally follow the same theme: The revocable trust or will typically provides that upon the death of the first spouse, the surviving spouse...more

Guardians Should Guard Against Claims Of Undue Influence

by Bryan Cave on

A guardian‘s job requires that the guardian be involved in the affairs of the ward. In turn, the ward likely is going to be dependent on and trust the guardian. Chances are – because Georgia sets an order of preference for...more

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