Lawyers USA Online » Family Law

Md. court must hear same-sex divorce case

Pat Murphy — Tue, 22 May 2012 15:41:44 +0000

A state court should have heard a complaint for divorce filed by a woman who entered into a same-sex marriage in another state, Maryland’s highest court has ruled in reversing judgment.

The plaintiff married another woman in California in 2008 when same-sex marriage was legal. The parties separated and the
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Parent’s years of residency not imputed to alien child

Kimberly Atkins — Mon, 21 May 2012 17:46:28 +0000

The Board of Immigration Appeals’ determination that a parent’s years of residency are not imputed to a child is a permissible construction of federal law, the U.S. Supreme Court ruled.

The first of two consolidated cases involved a Mexican national who
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Posthumously conceived kids not entitled to benefits

Kimberly Atkins — Mon, 21 May 2012 16:39:01 +0000

The Social Security Administration reasonably interpreted federal law in determining that only children supported by a deceased wage earner in his or her lifetime are entitled to Social Security benefits, the U.S. Supreme Court has ruled.

Children conceived by in vitro
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Community property includes military service credit

Pat Murphy — Fri, 18 May 2012 15:00:35 +0000

Military service credit that a husband purchased during his marriage constituted community property subject to division when he divorced, the California Court of Appeal has ruled in reversing judgment.

The husband served in the U.S. Air Force for four years before his marriage. After leaving military service, he became a
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Benchmarks: Photocopy of military POA not good enough

Pat Murphy — Fri, 18 May 2012 13:02:36 +0000

A military power of attorney is a critical document for managing affairs on the home front when a spouse is deployed overseas. A Kentucky military family had to learn the hard way that only having a photocopy of that document can
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Ex-spouse’s disability pay counts for income tax purposes

Pat Murphy — Wed, 16 May 2012 15:34:28 +0000

A divorced taxpayer was required to report as income her share of her former husband’s disability pay, the U.S. Tax Court has ruled in upholding a $3,587 deficiency assessment.

The taxpayer’s former husband was a Los Angeles County, Calif. employee. The taxpayer’s divorce decree awarded her a share of the
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Noncompete can be ordered in divorce

Pat Murphy — Fri, 11 May 2012 16:00:06 +0000

A state court had the authority to order a wife not to operate a competing business when it awarded the husband the family business in their divorce, the Massachusetts Appeals Court has ruled in reversing judgment.

In their divorce, both parties sought sole ownership of the family business, a feed
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Subchapter S distribution didn’t affect child support

Pat Murphy — Thu, 10 May 2012 14:47:33 +0000

A distribution that a divorced wife received from her Subchapter S corporation for investment in another business did not affect the amount of her former husband’s child support payments, the Minnesota Court of Appeals has ruled in reversing judgment.

The wife is a 20 percent shareholder in a family Subchapter
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Obama voices support for same-sex marriage

Kimberly Atkins — Thu, 10 May 2012 13:08:16 +0000

WASHINGTON – President Barack Obama said he believes same-sex couples should be able to marry, becoming the first U.S. president to publicly endorse gay marriage.

Previously, Obama voiced support only for same-sex civil unions.

“I’ve been going through an evolution on
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Genetic mother entitled to declaration of maternity

Pat Murphy — Wed, 09 May 2012 16:04:05 +0000

State courts had the authority to declare the maternity of a woman whose genetic child was conceived through in vitro fertilization and carried and delivered by a gestational carrier, Maine’s highest court has ruled in reversing judgment.

The plaintiff provided the egg and her husband the sperm for a child
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