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Family Law Updates

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

Day 11 of One Month of Innovation in Compliance-OODA Feedback Loop

by Thomas Fox on

Alistair Croll draws on military theory to illustrate his concept of a feedback loop. It is the OODA loop, which stands for observe, orient, decide and act. This comes from military strategist John Boyd who realized that...more

Edith Windsor: Saying Farewell to a Brave Woman

by Bowditch & Dewey on

In law school, I wrote papers on the tax consequences of death and divorce for same-sex married couples. The conclusions I drew in those academic exercises included advising same-sex married couples to plan for tragedy well...more

Employer Alert: Reporting Requirements for All New or Rehired California Employees

by Ervin Cohen & Jessup LLP on

All California employers must report their newly hired or rehired employees who work in California to the California Employment Development Department (EDD). Reporting is done using the EDD’s Report of New Employees form,...more

Navigating The Added Challenges Of Divorce In New Jersey With A Special Needs Child

by Cole Schotz on

Divorce is an unfortunate reality for many couples and can be especially complicated and heartbreaking when children are involved. Parents of children with special needs, however, face additional challenges. ...more

Getting Divorced? Four Cautionary Tips about Accessing Your Spouse’s Electronic Information

by Jaburg Wilk on

Question: I know my spouse’s passwords to their social media accounts, bank accounts and/or email accounts, can I log into their account and get the information we need to help win my case? ...more

Right Against Self-Incrimination Preserved For Parents In Cases Involving Child Sexual Abuse

by Fox Rothschild LLP on

Thankfully, sexual abuse allegations against parents do not often arise in the context of a divorce typical. However, when those scenarios do arise, they bring lawyers, litigants and judges alike in to unchartered territory...more

Where Should Custody And Parenting Issues Be Decided?

by Fox Rothschild LLP on

Sometimes, the location of a case – for one reason or another – can be just as important as anything else. Perhaps the law is different and more beneficial to one side in a particular location; possibly, one place is simply...more

INTERPOL and child kidnapping cases- what are INTERPOL’s abilities and limitations?

by Estlund Law, P.A. on

A reader recently contacted Red Notice Law Journal to inquire about INTERPOL’s role in child kidnapping cases. This question is unfortunately more common than one might imagine, and is likely to become more so as we continue...more

STOP: Deferred Action for Childhood Arrivals Program Rescinded

by Strasburger & Price, LLP on

On September 5, 2017, the Trump Administration, through Attorney General Jeff Sessions, announced its decision to rescind the Deferred Action for Childhood Arrivals (DACA) Program. The program was implemented through...more

Court Reverses Finding of Undue Influence

by Bryan Cave on

Undue influence occurs when a person’s free will is overpowered and replaced by the will of another. In Missouri, a finding of undue influence generally requires the person who exerted influence to have been in a position of...more

Does a removed trustee have a duty to see to it that the fiduciary reins are assumed by a qualified successor?

by Charles E. Rounds, Jr. on

A removed trustee retains myriad residual fiduciary duties and liabilities. The most obvious is the duty not to betray the confidences of the entrustment going forward. Less self-evident is the removed trustee’s residual...more

She Should Have Known – Spouse Denied Tax Relief

by Pessin Katz Law, P.A. on

In Ryke v Commissioner (U.S. Tax Court, TC Memo 2017-144, Docket No. 20587-15, July 25, 2017) a doctor claiming innocent spouse relief for unpaid taxes was denied the same because she knew or should have known of the tax...more

No Child Should be Stateless in Austria

by DLA Piper on

Since 1948, the United Nations and other international bodies have adopted resolutions and conventions highlighting the importance of preventing and eliminating statelessness. Despite recognising that every person should have...more

Who Determines How to Celebrate Your Life and the Disposition of You When You Die?

An often-overlooked step in the estate planning process is determining how you want the world to celebrate your life and determining your final resting place. If not addressed, conflict may occur because different loved ones...more

Pavan v Smith: Supreme Court Prevents Attempts of States to Undermine Rights of Married Same Sex Couples

by Miles & Stockbridge P.C. on

The Supreme Court case Pavan v. Smith, 582 U.S.____ (2017), in a per curiam opinion on June 26, 2017, strengthened the rights protected in Obergefell v. Hodges, 576 U.S. ___ (2015). The decision confronted an attempt by the...more

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

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