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Family Law Updates

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

Ransomware Attack Hits Dallas Senior Living Community

No industry is immune from ransomware attacks—including senior living communities. Senior living communities have exploded now that baby boomers are selling homes, down-sizing and getting ready for that stage of life....more

Hiding Behind Faith

by Bowditch & Dewey on

A reasonable amount of uncertainty, speculation, and even fear is expected with any change. Recently, we have seen a change among states and laws governing child welfare agencies and same-sex adoption....more

Don’t Forget To Celebrate – May Is National Foster Care Month

by Fox Rothschild LLP on

By the President of the United States of America- A Proclamation- During the month of May, we observe National Foster Care Month and we celebrate those who have opened their homes and their hearts to children in...more

More on Transfer Tax Issues Post Windsor and the Legalization of Same-Sex Marriage

by Bryan Cave on

In a recent Notice, the Internal Revenue Service set forth some administrative procedures helping taxpayers recalculate gift and generation-skipping transfer tax exemption with respect to gifts and bequests made to or for the...more

Court Held That Submission Of Jury Question On Fiduciary Duty Was Harmless Due To Duplication Of Damages

by Winstead PC on

In Hughes v. Hughes, a husband and wife sued each other for various claims, including breach of fiduciary duty. No. 13-15-00496-CV, 2017 Tex. App. LEXIS 3489 (Tex. App.—Corpus Christi April 20, 2017, no pet. history)....more

How Can The Answer Be No Before You Know What The Question Is?

by Fox Rothschild LLP on

We have all had those cases where any request that we made, big or small, has been rejected by the other side and any requests that our client has made to her/his spouse is similarly rejected. They don’t agree to informally...more

The Supreme Court - May 15, 2017

by Dorsey & Whitney LLP on

Midland Funding, LLC v. Johnson, No. 16-348: Respondent Aleida Johnson filed for Chapter 13 bankruptcy in the Southern District of Alabama. Petitioner Midland Funding then filed a “proof of claim” in the Bankruptcy Court,...more

What are my Custodial Rights and Financial Responsibilities Toward my Eighteen Year Old Child?

In a few short weeks, many children will be graduating from high school and will embark upon the next chapter of their lives. Whether that choice includes college, trade school, or the work force, as a divorced parent, how...more

Supreme Court Decides Howell v. Howell

by Faegre Baker Daniels on

On May 15, 2017, the U.S. Supreme Court decided Howell v. Howell, No. 15-1031, holding that where a veteran waives retirement pay to receive service-related disability benefits, federal law preempts state courts from ordering...more

Court Appointed Special Advocates Needed!

by Fox Rothschild LLP on

Prior posts have addressed the important role of child advocates in Family Court. CASAs, or Court Appointed Special Advocates, are one example of the wonderful advocates who volunteer their time to represent Delaware’s...more

Two Sides To The House Of Usher: Useful Tools for Child Support Advocacy

by McManis Faulkner on

Sometimes even a 60 percent drop in income isn’t enough. In In re Marriage of Usher (2016) 6 Cal.App.5th 347, the Second District Court of Appeal held that the reduced monthly income of Kinka Usher (“Kinka”) from...more

Do You Have an Enforceable Contract for the Sale of Family-Owned Business Interests or Just an Agreement to Agree?

by Murtha Cullina on

Family members often transfer family-business ownership interests or other assets between each other. Their discussions sometimes progress from informal negotiations to a written term sheet to a final written agreement....more

Before You Comment on My Haircut, Think Again

by Bryan Cave on

Back in 2008 and 2009 Eddie Liles lent around $102,000 to his brother Dallas to purchase rental properties at 554 South Shore Drive and 540 South Shore Drive in Greenup County, Kentucky, as well as a 2008 Ford 4×4 truck. The...more

Wealth Management Update - May 2017

by Proskauer Rose LLP on

May Interest Rates for GRATs, Sales to Defective Grantor Trusts, Intra-Family Loans and Split Interest Charitable Trusts - The May § 7520 rate for use with estate planning techniques such as CRTs, CLTs, QPRTs and GRATs...more

If You Have Plans to Travel with Your Children This Summer Here Are 5 Things You Need To Know

Does your custody agreement or order provide for exchange of information – most custody orders require parents to exchange information regarding travel with the children. Generally you will need to provide, in writing, the...more

Is My Beloved Pet Just an Asset to be Divided?

Our dogs and cats are part of our family, right? They do not just represent property to be divided, right? Actually, in North Carolina, pets are considered property and as such our courts will divide your pets in the same...more

Litigation rules under Dutch law statements of insanity must be proven by claimant (Dutch)

by Dentons on

The executor (notary q.q.) under fire. Whoever makes the mental disorder proves! Erflatster (at the time 88), in 2005, testified her substitute (A) as an executor and assigned him an amount equal to 20% of her estate. The...more

Ad Valorem Tax Values and Equitable Distribution

In many equitable distribution cases, where the value of real estate is an issue, the parties at least in negotiations debate the relative accuracy of the ad valorem tax value (“Tax Value or Tax Values”) of the property as a...more

Court Holds That Family Member Did Not Owe Fiduciary Duties To Other Family Member

by Winstead PC on

In Walker v. Walker, a son sued his father and brother regarding the ownership of a beach house. No. 14-16-00357-CV, 2017 Tex. App. LEXIS 2742 (Tex. App.—Houston [14th Dist.] March 30, 2017, no pet. history). ...more

If You Expect to Work in the Family-Owned Business for Life, Be Sure to Get It in Writing

by Murtha Cullina on

Family-owned businesses often employ multiple family members. Even if there is an expectation that employment will continue indefinitely, the company and the family member employees both usually reserve the right, explicitly...more

I’m Not A Bad Parent But I Play One On YouTube

by Fox Rothschild LLP on

While Alex Jones was the most recent high-profile example of a controversial public persona creating very personal and private problems, he is certainly not alone. Similar in theme, but not in execution is the case of the...more

Modifying Spousal Maintenance in Arizona: Are Changed Circumstances Continuing?

by Jaburg Wilk on

In Perkins vs. Perkins, Division One of the Arizona Court of Appeals addressed the question of changed circumstances for the purposes of modifying a spousal maintenance order and what constituted ‘continuing’ (as opposed to...more

Domestic Violence and its Potential Consequences in the Workplace: How to Protect Your Workers

Daily reports of incidents of domestic violence are an unfortunate reality across our nation. Recent events in San Bernardino, California, and Cookeville, Tennessee, remind us that domestic violence issues sometimes spill...more

Waiver Of Year’s Support Through Post-Nuptial Agreement

by Bryan Cave on

Divorce should put an early end to the marriage vow of “’til death does us part.” But, when it comes to estate disputes, neither divorce nor death can part the path to the courthouse. ...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: - SC19375 - State v. Chyung - SC19375 Concurrence - State v. Chyung - SC19492 - State v. Bush - SC19492 Dissent - State v. Bush...more

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