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Family Law Updates

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

Court Held That Retirement Benefits Belonged To The Worker’s Sister, Who Was Designated Beneficiary, And Not The Wife

by Winstead PC on

In Estate of Gibson, a man named his sister as the beneficiary of his retirement plan in 1989. No. 06-17-00059-CV, 2017 Tex. App. LEXIS 9963 (Tex. App.—Texarkana October 13, 2017, no pet.)....more

Staying the Course: Courts Will Not Hear Stayed Actions

by Bennett Jones LLP on

In Ayoungman v Ayoungman, 2017 ABCA 333, the Court of Appeal of Alberta considered a dismissed application of the appellant, who claimed that the chambers judge did not give him a fair chance to argue his position....more

When is a child not a child for the purpose of access to health records?

by Sands Anderson PC on

Healthcare providers are accustomed to adult involvement in the medical care of most “unemancipated” minors – minors who are not legally independent from their parents. Access to the minor’s records and/or medical information...more

2018 Georgia Legislative Session Preview

by Dentons on

After clearing the cobwebs from the General Assembly's levers of power, Georgia lawmakers arriving in Atlanta today will find no shortage of thorny propositions awaiting them: budget priorities, rural development and...more

Divorce Can Be Taxing: How the New Federal Tax Law Impacts Your Family Law Decisions

Everyone is buzzing about the new tax overhaul recently passed by Congress. How does it impact you and your family law choices for 2018 and beyond? In a four-part blog series, we will address the consequences of various parts...more

Estate planning for families with special needs

by Davis Brown Law Firm on

When children with disabilities turn 18, your ability as a parent to make decisions for their care and future become limited. Specific long-term planning decisions can help your family better plan for the future....more

How Much Evidence Does A “Hague” Case Merit?

by Fox Rothschild LLP on

On August 7 of 2017, the Third Circuit Court of Appeals decided a case under the Hague Convention on the Civil Aspects of International Child Abduction. Since we don’t see much child custody litigation in federal courts nor...more

The Supremes Clarify The Legal Definition Of Harassment When It Comes To “Purely Expressive Activity”

by Fox Rothschild LLP on

The word “harassment” is one of those terms I hear all the time as a family law attorney. I have had complaints from clients that their spouse made a mess of the house just to “harass” them. Or, I have had adversaries who...more

Making Sense of Recent Law Changes

by Burns & Levinson LLP on

Happy New Year, all! May 2018 bring you health, happiness, and prosperity. The federal Tax Cuts and Jobs Act, in conjunction with Massachusetts’ Alimony Reform Act, will bring the Commonwealth’s divorce practitioners and...more

Accountant liability in the trust context

by Charles E. Rounds, Jr. on

As a general rule, an accountant, qua accountant, is not a fiduciary, absent special facts. That having been said, the accountant for a trustee in breach of his trust may be liable to the beneficiaries for any injury to the...more

The New Year’s Resolution Divorce

by Fox Rothschild LLP on

For many divorce attorneys, the busy season starts after the first of the year. For the last several years, I have posted on the phenomenon of the New Year’s Resolution Divorce. For whatever reason, this post has struck a...more

The Revised U.S. Tax Code’s Impact On Alimony

By now most people are aware of the impending changes to the U.S. tax code brought about by the GOP tax bill, dubbed the “Tax Cuts and Jobs Act,” which Congress voted to pass on December 20, 2017. These substantial changes,...more

The Fine Print - Winter 2017 - Family Law & Estate Planning

The Winter 2017 issue of The Fine Print focuses on family law and estate planning and features articles on prenuptial agreements, what to know if you are heading toward divorce, and more. Click on the attachment below to read...more

Divorce Planning: How Tax Reform Could Affect Your Decisions

by Lewitt Hackman on

Under the current tax law, individuals making spousal support payments may deduct the payments on their tax returns. Conversely, the individual receiving alimony must count those payments in his or her gross income....more

Prenuptial Agreements - Who Needs Them?

A prenuptial agreement is a contract between prospective spouses before they marry, which governs certain issues in the event of divorce or death, such as property division, spousal support, and rights of a surviving spouse....more

Divorcing a Narcissist

by Burns & Levinson LLP on

Life with a narcissist is often destructive, demeaning, and difficult. In fact, being with that person can make it nearly impossible for you and your children to not lose yourselves entirely. Unfortunately, divorcing a...more

Thinking You're Headed Toward Divorce? Here's What You Need To Know

Your marriage is in question and you are contemplating divorce. Before you go down the path, here are a few things to consider...more

Will 2018 Be The Year Of The Divorce – Will The New Tax Laws Cause A Race To Get Divorced By 12/31/18?

by Fox Rothschild LLP on

Since the first go round of the proposed massive revisions to the tax code were announced several weeks ago, matrimonial lawyers, litigants, accountants, etc. have been in a veritable tizzy over the prospect that one of the...more

Spousal Support Deduction: Breaking Up Is Hard[er] To Do After Tax Reform

by Fraser Trebilcock on

The final version of the tax reform bill was released Friday, December 15, 2017 and is set for votes this week – and it will pass and become law. Among the many changes, the final bill eliminates the tax deduction for spousal...more

Alimony About To Experience An Untimely Death

by Fox Rothschild LLP on

As this is written, the House and Senate this week are scheduled to vote upon a conference report of both houses of Congress which will “reform” tax law in a major way for the first time since the Reagan administration. In...more

Happy Xmas (War Is Over) – Takeaways For The 2017 Holiday Season

by Fox Rothschild LLP on

With Chanukkah almost behind us and Christmas rapidly approaching, the time for being jolly is unfortunately also a peak time for parental conflict in divorcing and divorced families. What one would think (hope) would be a...more

Surviving The Holidays While Dealing With Divorce

by Cozen O'Connor on

The holidays are supposed to be a time of good will and cheer. For those going through a divorce, however, the situation is often not cheerful and may even be grim. With some thoughtful planning and the right outlook,...more

Medicaid Expansion May Reduce Medical Divorce Rates

Medical divorce is a term coined some years ago to describe a divorce obtained for medical reasons. More specifically, according to an article by George Diepenbrock, researchers defined “medical divorce” as “an instance where...more

Pending House Legislation May Dramatically Change Michigan’s Current Child Custody Laws

by Varnum LLP on

Late this spring, members of the Michigan House of Representatives introduced House Bill No. 4691, the Michigan Shared Parenting Act. The proposed legislation stands to fundamentally change Michigan's child custody law. Some...more

The Supreme Court - December 11, 2017

by Dorsey & Whitney LLP on

On Friday, the Supreme Court granted certiorari and agreed to hear arguments in seven cases: China Agritech, Inc. v. Resh, No. 17-432: Whether the rule from American Pipe and Construction Co. v. Utah, 414 U.S. 538 (1974),...more

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