Father can’t sue ex-girlfriend for emotional distress

May 7, 2010 2:59 PM

A father couldn’t sue his ex-girlfriend for causing him emotional distress by disrupting his relationship with their children, the New Jersey Appellate Division has ruled.

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Divorced wife’s health insurance is modifiable

A divorced husband’s obligation to pay for his wife’s health insurance is in the nature of modifiable spousal support rather than a non-modifiable aspect of the parties’ division of marital property, the Iowa Supreme Court has ruled.

Same-sex partner may be entitled to visitation

A woman may be entitled to visitation with the child of her former same-sex partner by virtue of the parties’ civil union in another state, New York’s highest court has ruled.

Father may assert defense in paternity case

A father in a paternity case may be able to avoid paying child support by arguing that there was an existing father figure in his child’s life, New York’s highest court has ruled in reversing judgment.

Wife’s infidelity doesn’t factor in property division

A husband who filed for divorce couldn’t use his wife’s alleged extramarital affairs as a ground for increasing his share of marital property, New York’s highest court has ruled.

Child support obligation overturned

A high-income father should not have been ordered to pay 20 percent of his fluctuating annual bonus as child support, the Connecticut Supreme Court has ruled in reversing a trial court.

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Parents can sue for disabled daughter’s visitation rights

May 3, 2010 9:44 AM

In a novel case involving visitation rights, the parents of a severely disabled mother of triplets can help her sue for visitation, a California trial court judge has ruled.

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Estate can’t be party to annulment action: An annulment action abates with the death of a party, and therefore the estate of one of the spouses can’t be substituted as a party, the Arkansas Supreme Court has ruled.

Taxpayer can’t establish dependency exemptions: A father could not establish his entitlement to dependency exemptions for his federal income tax based on an initialed copy of the separation agreement from his divorce, the U.S. Tax Court has ruled in upholding a $3,600 deficiency assessment.

Father can’t be required to pay for college: A divorced father could not be required to pay his son’s college expenses under a state law that provided for only support-paying parents to assume such obligations, the South Carolina Supreme Court has ruled.

Inheritance claim is time-barred: The discovery rule did not toll the statute of limitations for the reopening of probate proceedings to establish the inheritance rights of a woman who claimed that she was the non-marital child of a man who died in 1948, the Texas Supreme Court has ruled in reinstating a dismissal.

Court must consider parents’ decision on grandparent visitation: A trial court violated due process by ordering grandparent visitation over the objections of both parents, the South Dakota Supreme Court has ruled.

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Taxpayer must report cancelled marital debt

April 26, 2010 7:08 PM

A taxpayer was required to report a cancelled debt as income when he filed his taxes - even though his former wife had assumed the obligation under the terms of his divorce, the U.S. Tax Court has ruled in upholding a $1,000 deficiency assessment. 

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Father can't access transcripts of child interviews: A father in a divorce case did not have a constitutional right to access the transcripts of the trial judge's in camera interviews of his children, the Oklahoma Supreme Court has ruled. 

Judge rules father can take daughter to Church: Ruling in a contentious interfaith divorce case, an Illinois state judge has determined that a father may take his three-year-old daughter to Mass at a Catholic Church during his visitation times as well as for religious holidays like Christmas and Easter. 

Court strikes adoption ban on unmarried couples: A law banning adoption by same-sex partners and other unmarried, cohabiting couples was struck down by an Arkansas state judge last week. 

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De facto parentage doctrine doesn't apply to stepparent

April 19, 2010 4:13 PM

The common law de facto parentage doctrine does not extend to a stepparent/stepchild relationship, the Washington Supreme Court has ruled.

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Surviving spouse can amend trust: A surviving spouse can amend a community property trust's remainder distribution schedule after the first spouse's death, the New Mexico Supreme Court has ruled.

Arizona legislature to vote on divorce bill: After the bill failed on its first vote, a law that would make residents wait longer before being granted a divorce is again before Arizona legislators.

Islamic prenuptial agreement invalid under contract law: An Islamic prenuptial agreement that provided for a $20,000 dowry to the wife is invalid based on principles of state contract law, the Washington Court of Appeals has ruled.

Oklahoma considers bill to ban common law marriage: The Oklahoma legislature is considering a bill that would ban recognition of common law marriage in the state as well as create requirements for premarital counseling and the completion of education programs as part of a divorce.

Divorcing couple fights over 7,000 pictures: A divorcing couple who could not agree how to divide their photo albums containing an estimated 7,000 pictures will split them 75/25, with the husband getting a larger share based on his greater efforts at taking and cataloging the pictures, a New York trial court has ruled.

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Grandmother not entitled to notice of adoption

April 12, 2010 12:23 PM

A grandmother did not have a right to notice under the state’s adoption statute and was no longer entitled to visitation because she wasn’t biologically related to the child, the Indiana Court of Appeals has ruled.

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A modern approach to annulments?: The law on annulments has changed in recent years, from a requirement of fraud in the “traditional essentials of a marriage,” to a more individualized analysis, argues a recent column.

Man’s promises to girlfriend did not create constructive trust: A man’s promises to his longtime girlfriend and mother of his child that he would support her and share his property did not form the basis for a constructive trust, a New York trial court has ruled.

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Wife wins $9 million in alienation of affection suit

April 5, 2010 10:59 AM

A wife has won $9 million against her husband’s alleged mistress in a record-setting alienation of affection verdict in North Carolina.

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Wall Street pay restrictions impact divorce, alimony: As a result of the economic recession and the restrictions on income for many Wall Street financial executives as a result of the federal bailout, divorcing couples face several complicated issues.

Tennessee considers law mandating equal custody: The Tennessee legislature is considering a law that would create a presumption that child custody should be split evenly between the parents.

Incarceration doesn’t toll time for parent’s progress: The time period for a parent to make reasonable progress toward the return of a child is not tolled by the parent’s incarceration, the Illinois Supreme Court has ruled.

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