FIFTEEN YEAR INDEX: 1991-2005
Volume 2, Number 10 through Volume 17, Number 12
This index covers all issues of Divorce Litigation written by the present editorial staff. Coverage begins with Volume 2, Number 10, dated January 1991.
Coverage ends with Volume 17, Number 12, dated December 2005.
Volume 2 of Divorce Litigation, published in calendar year 1991, contained two separately bound inserts with each issue: Equitable Distribution Alert and
Community Property Alert. These inserts are noted in this index by the abbreviations EDA and CPA respectively. Both inserts were merged into the main
volume of Divorce Litigation in January of 1992.
In this index, entries in italics are short case notes; entries in Roman type are full articles.
For information on ordering back issues, Click here.
Quick Index of Major Topic Headings
ABUSE AND NEGLECT PROCEEDINGS
Failure to provide medical treatment, dangerous and invasive procedure, June 1991, p. 34
Fetus as a "child," Jan. 2001, p. 16
Therapist-patient privilege, Dec. 2001, p. 250
Tort action, federal jurisdiction, July 1992, p. 149
ADOPTION
Adoption by gay couples, Jan. 1996, p. 15
Civil liability for failure to detect birth defect, Mar. 1991, p. 11
Current Trends in Second-Parent Adoptions, Sept. 2005, p. 141
Gay petitioners, Jan. 2001, p. 15
Posthumous and Post-Incompetency Reproduction: Legal Ramifications for Family Law and for the Law of Probate, Apr. 2001, p. 57
A Short Overview of United States Law on International Adoption, Feb. 2002, p. 25
Telling the Truth in Adoption Proceedings: Tort Actions for Wrongful Adoption, Jan. 1998, p. 11
Tort liability, failure to reveal mental illness, Sept. 1995, p. 203
The Unwed Biological Father's Right to Contest an Adoption: Further Reflections on Baby Richard et al., Jan. 1998, p. 1
ALIMONY
Are Alimony Guidelines in Our Future?, Nov. 2003, p. 189
Asserting Claims of Support Against Inter Vivos and Testamentary Trusts, Jan. 1994, p. 1
Beyond the 1040: Finding Hidden Sources of Income for Support, May 1998, p. 81
A Brief Note on Tax Consequences as a Factor in Determining Alimony, Sept. 2003, p. 168
Cohabitation
- Judicial bias, July 1991, p. 48
- The Relevance of Premarital and Postmarital Cohabitation in Awarding Spousal Support, July 1995, p. 150
- Same-Sex Cohabitation as a Basis to Modify or Terminate Spousal Support, June 2005, p. 99
- Termination, Jan. 1991, p. 10
Counting What's Not There: Recent Case Law on Imputing Income in Spousal and Child Support Cases, Oct. 1992, p. 197
Death of obligor, May 1992, p. 107
Deferred lump-sum award, effect of remarriage, May 1994, p. 104
Defining Income and Expenses for Purposes of Spousal and Child Support, July 1995, p. 137
Disguised property division, percentage of pension, June 2001, p. 118
Doctrine of necessaries, constitutionality, Aug. 1993, p. 166
Dual offsetting awards, Aug. 2000, p. 170
Economic misconduct, transfer of assets to children, Aug. 1994, p. 167
The Effect of Artificially High and Low Marital Standards of Living on Spousal Support Awards, July 1997, p. 125
The Employability Experts Speak, Nov. 1998, p. 225
Enforcement
- The Availability of Credits for Nonconforming Payments of Spousal or Child Support, Feb. 2005, p. 17
- Interstate Enforcement of Support: A Short Primer on Federal and Uniform Law, Part 1 of 2, Mar. 1997, p. 41
- Interstate Enforcement of Support: A Short Primer on Federal and Uniform Law, Part 2 of 2, Apr. 1997, p. 65
- Modification, personal jurisdiction, June 1993, p. 126
- The Uniform Interstate Family Support Act: 1999 Comprehensive Update, Sept. 1999, p. 173
- Using QDROs to Enforce Spousal and Child Support, Jan. 2001, p. 7
Escalator clause, validity, Apr. 1996, p. 80
Fault as a complete bar, EDA, July 1991, p. 27
Imputed Income: See CHILD SUPPORT.
Maintenance, disabled husband, Jan. 1993, p. 20
Marital Standard of Living
- Pattern of saving, Aug. 2001, p. 155
- Reasonably normal hours, Feb. 1991, p. 11
- Spousal Support in the Wealthy Family: Enough Is Not Enough, Dec. 1997, p. 235
- Time to determine, Apr. 1991, p. 9
Medical expenses, cosmetic surgery, Aug. 2000, p. 171
Military disability pay, Feb. 1991, p. 11
Modification
- Cohabitation by receiving spouse, Apr. 1993, p. 85
- Early retirement, May 1992, p. 107
- Early retirement, Dec. 2001, p. 250
- Loss of military pension, June 1994, p. 128
- Order registered under URESA, Jan. 1991, p. 11
- Post-divorce inheritance, Dec. 1991, p. 107
- Redefining Alimony in a Time of Transition: Recent Case Law Applying the Changed Circumstances Standard, Dec. 1992, p. 241
- Redefining Alimony in a Time of Transition: Recent Cases on the Modifiability of Spousal Support, Nov. 1994, p. 226
- Stipulation of non-modifiability, June 1991, p. 35
Once Is Not Enough: Dissolving a Second Marriage Between the Same Spouses, July 1992, p. 143
Redefining Alimony in a Time of Transition: Recent Cases on the Law of Spousal Support, Nov. 1994, p. 221; Dec. 1994, p. 241
Regulating Marital Conduct: The Role of Fault in Spousal Support Cases, Aug. 1993, p. 159
Rehabilitative alimony, contribution to earning capacity, June 1993, p. 126
Rehabilitative Alimony Reconsidered: The "Second Wave" of Spousal Support Reform, Oct. 1998, p. 185
Remarriage
- Annulment of wife's remarriage, Jan. 1991, p. 10
- Reinstatement of Alimony upon Annulment of the Recipient Spouse's Remarriage, Apr. 1995, p. 83
- Time of termination, Jan. 2001, p. 16
Reopening judgment, fraud on the court, Dec. 2001, p. 251
Retirement
- The Effect of Retirement on Support Obligations, June 1996, p. 114
- Retirement benefits, definition of income, Feb. 1996, p. 39
Reversal upon appeal, restitution, June 1993, p. 124
Social Security, Jan. 1991, p. 11
Social Security: A 2005 Update, Apr. 2005, p. 53
Spousal abuse, injunctive relief, double jeopardy, July 1993, p. 147
Stock Options as "Income" for Purposes of Spousal Support, Nov. 2000, p. 217
Temporary reduction, May 1991, p. 23
Trust, authority to establish, Apr. 2001, p. 70
UIFSA
- Continuing Exclusive Jurisdiction and UIFSA's "Spring Back" Provision, Aug. 2005, p. 139
- Interstate Modification of Spousal Support Under UIFSA, Aug. 2005, p. 125
Vocational Evidence
- Earning Capacity and Spousal Support: The Uses and Abuses of Vocational Evidence in Divorce Cases, Dec. 2002, p. 213
- Vocational Evidence: A 2005 Update, Oct. 2005, p. 157
ANNULMENT
Misrepresenting or Concealing Prior Marital History as a Ground for Annulment, Dec. 2004, p. 219
ANTENUPTIAL AGREEMENTS
Antenuptial Agreements: Interpretation and Construction, Mar. 1991, p. 1
Constitutional Questions Concerning the Enforcement of Islamic Antenuptial Agreements, Mar. 2003, p. 45
Duress, Feb. 1991, p. 11
Enforceability, pleading and discovery, Nov. 1994, p. 238
Enforcement of Islamic Antenuptial Agreements, Mar. 2003, p. 41
Premarital Agreements and ERISA Benefits, Apr. 2002, p. 65
Premarital Agreements: Trends and Recent Developments, Feb. 2003, p. 21
Validity
- Attacking and Defending Antenuptial Agreements, Feb. 1991, p. 1
- Attacking and Defending Antenuptial Agreements: A 1993 Update, July 1993, p. 129; Aug. 1993, p. 149
- Disclosure, May 1997, p. 98
- Disclosure, June 2001, p. 118
- General validity, Jan. 1991, p. 10
- Lack of counsel, advice to seek counsel, Aug. 2001, p. 155
- Substantive Sufficiency of Marital Agreements: Unconscionability and Unfairness, Nov. 2005, p. 173
- Validity on divorce, Oct. 1991, p. 83
Voluntary Abandonment as a Defense to Enforcement of Antenuptial Agreements, Jan. 1995, p. 14
Waiver, ERISA rights, Feb. 1997, p. 38
Waiver of alimony, Feb. 1991, p. 11
Waiver of pendente lite support, July 1997, p. 143
Waivers of Spousal Support in Antenuptial Agreements, Apr. 2005, p. 62
ATTORNEY AND CLIENT
Attorney-Client Privilege in E-Mail Communications, May 1998, p. 98
Attorney malpractice, Mar. 1993, p. 62
Attorney's Fees
- Attorney's Fees Awards for Legal Services Organizations and Pro Bono Private Attorneys, Jan. 1997, p. 19
- Compensating the Family Law Lawyer: Final Attorney's Fees Awards in Domestic Relations Cases, Nov. 1996, p. 201
- Compensating the Family Law Lawyer: Temporary and Appellate Attorney's Fees Awards in Domestic Relations Cases, Dec. 1996, p. 221
- If It Walks Like a Duck, and Talks Like a Duck . . .: Contingency Fees and Results Bonuses in Divorce Practice, July 1998, p. 138
- Pro bono, legal aid, indigency, Mar. 1995, p. 71
- Recent Case Law on Attorney's Fees Awards in Family Law Cases, June 1991, p. 25; July 1991, p. 37
- Recovery of Results Bonuses in Florida Under Post-Rosen Case Law, Nov. 1997, p. 216
- Sanction against misconduct, ability to pay, Dec. 2002, p. 230
- Why Can't I Collect My Fee? A Short Critique of How Attorneys and Judges Handle Attorney's Fees Issues, Dec. 1996, p. 229
Conflict of interest, representation in second divorce, Sept. 2001, p. 183
Contempt of court, harassment by attorney, Nov. 1995, p. 244
Equalizing Access to Expert Testimony: Expert's Fees Awards and Court-Appointed Experts, Jan. 1997, p. 13
Ethical Violations
- Assault, May 1995, p. 114
- Between a Rock and a Hard Place: An Attorney's Duty to Report Child Abuse, July 1998, p. 125
- Conflict of interest, Mar. 1999, p. 60
- Ethical Considerations for an Attorney Dealing with a Pro Se Party, May 1998, p. 94
- The Ethical Dilemma Posed by Surreptitiously Obtained Evidence, Dec. 1999, p. 252
- Ethical Violations Arising from Misconduct in an Attorney's Own Divorce Case, Apr. 1995, p. 95
- Sex and the Bar: Ethical Violations Involving Sexual Relations Between Attorney and Client, Nov. 1993, p. 223
- Sex with clients, June 1993, p. 125
- Sex with clients, May 1995, p. 114
Expert's fee awards and court-appointed experts, July 1991, p. 42
Fee agreement, May 1991, p. 23
The Grieving Process in Divorce: A Paradigm for Family Law Attorneys, Jan. 1999, p. 9
Liability of an Attorney or Spouse for Torts Committed by a Private Detective, Dec. 1999, p. 247
Malpractice
- Avoiding Attorney Malpractice in Drafting Separation Agreements, Mar. 1992, p. 57
- Inadequate settlement, Sept. 1995, p. 201
- Inadequate settlement, Apr. 1997, p. 83
- Malpractice Liability of a Guardian ad Litem, May 1995, p. 107
- Negligent advice to settle, Mar. 1999, p. 60
- Separation agreement, omission of cohabitation clause, Sept. 1993, p. 187
- Sex and the Bar: An Update on Malpractice Liability, May 1997, p. 96
- Update: Attorney Malpractice in Recommending Settlement, Aug. 1992, p. 170
Pro bono attorneys, Apr. 1991, p. 9
Recovery of Emotional Distress Damages in Domestic Relations Attorney Malpractice Actions, Jan. 1994, p. 6
Reopening decree, attorney's relationship with client, May 1997, p. 100
BANKRUPTCY
1998 Bankruptcy Update, Nov. 1998, p. 222
Automatic temporary stay, alimony, Feb. 1991, p. 12
Avoidance of lien on marital home, June 1991, p. 33
Bankruptcy and Divorce, Feb. 1993, p. 21
Bankruptcy, classification as alimony, quasi-estop-pel, June 1994, p. 127
Dischargeability of alimony present needs test, Dec. 1993, p. 247
Dischargeability of Deferred Distribution Pension Awards Under Federal Bankruptcy Law, June 1994, p. 118
The Dischargeability of Pension Awards Under Federal Bankruptcy Law, Feb. 2004 , p. 17
The Effect of the Automatic Stay on Domestic Action in State Courts, Feb. 1993, p. 36
Equitable distribution, automatic stay, Aug. 1992, p. 172
The Intersection of Bankruptcy and Divorce for Divorce Practitioners, Oct. 2001, p. 186
Modification of Spousal Support After Discharge in Bankruptcy of Property Settlement Obligations, Feb. 1993, p. 32
Order to pay debts, dischargeability, June 1991, p. 34
Property and Support Obligations in Bankruptcy Cases, Feb. 1993, p. 22
A Quick Overview of the Bankruptcy Reform Act of 1994, Nov. 1994, p. 217
Rehabilitative alimony, modification, bankruptcy, Feb. 1994, p. 37
CHILD CUSTODY
Appeal, staying of trial court's order, May 1991, p. 23
Burden of proof, established custodial environment with grandparents, Sept. 2001, p. 182
Child born out of wedlock, Father's right to custody, June 1991, p. 34
Cohabitation and judicial bias, July 1991, p. 48
Custody Disputes Between Parents and Third Parties After Troxel v. Granville, June 2002, p. 93
Discovery of a Party's Mental Health Records, Oct. 1995, p. 219
Domestic Violence: The Special Challenge in Custody and Visitation Dispute Resolution, Aug. 1998, p. 141
Duty to nurture relationship with custodial parent, Sept. 1991, p. 71
Education of child, rights of custodial parent, Jan. 1994, p. 18
The Effect of Incarceration on a Divorced Parent's Rights and Obligations, Apr. 1994, p. 65
Effect of remarriage, Apr. 2001, p. 71
Estoppel, treatment as husband's child, Aug. 2001, p. 155
Evidence, child abuse, Jan. 1991, p. 10
Evidence, wiretapping, vicarious consent for children, Sept. 2001, p. 183
Hague Convention
- Five Tips to Prevent International Child Abduction, Nov. 1998, p. 230
- Grave risk of harm, Dec. 1992, p. 260
- "Grave Risk of Harm" Under Article 13(b) of the Hague Convention on International Child Abduction: What Constitutes a War, July 2002, p. 133
- Operation and Enforcement of the Hague Convention on the Civil Aspects of International Child Abduction, Apr. 1995, p. 73
- Operation and Enforcement of the Hague Convention on the Civil Aspects of International Child Abduction, June 1997, p. 101
- Postremoval conduct, June 2001, p. 117
- Recent Cases Interpreting the Hague Convention on the Civil Aspects of International Child Abduction, July 2001, p. 121
- Wrongful removal, Mar. 1991, p. 12
- Younger abstention, Sept. 2001, p. 182
- Younger Abstention and the Hague Convention on the Civil Aspects of International Child Abduction, Dec. 2001, p. 244
Joint Custody
- Joint Child Custody in the 1990s: The Concept in Practice, Feb. 1994, p. 21; Mar. 1994, p. 41
- Joint Child Custody in the 1990s: Parental Relocation, Oct. 1994, p. 193
- Joint legal custody, agreement of parents, May 1991, p. 22
Jurisdiction
- Deciding Who Decides: A Critical Review of the Law of Jurisdiction in Child Custody Cases, Aug. 1992, p. 153; Sept. 1992, p. 177
- Declining jurisdiction, Apr. 1991, p. 8
- Emergency, Dec. 1991, p. 107
- Emergency, Dec. 1993, p. 247
- Emergency, May 1996, p. 99
- Inconvenient forum, Sept. 1991, p. 71
- Modification action, May 1994, p. 105
- Pending proceeding, Feb. 1993, p. 39
- Personal jurisdiction, June 1991, p. 33
- Required information, Apr. 1991, p. 7
- Reversal without request, Feb. 1992, p. 42
- Significant connection, Mar. 1991, p. 10
- Significant connection, Jan. 2001, p. 14
- Simultaneous proceedings, Feb. 1991, p. 12
- The UCCJA and the UCCJEA: A Side-by-Side Comparison, Dec. 1998, p. 233
- The UCCJEA and Venue, Apr. 2005, p. 65
Malpractice Liability of a Guardian ad Litem, May 1995, p. 107
Modification
- Automatic future change, Aug. 1993, p. 167
- Defamation of noncustodial parents, Oct. 1991, p. 84
- Denial of visitation, Feb. 1994, p. 38
- Denial of visitation, Feb. 1996, p. 39
- Freedom of religion, Nov. 1993, p. 227
- Home schooling, Aug. 1994, p. 166
- Home schooling, Jan. 1996, p. 20
- Notice, Mar. 1991, p. 11
- Remarriage of parent and separation of siblings, Nov. 1994, p. 240
- Removal from school, Sept. 1991, p. 71
- Split custody, May 1995, p. 114
Negative effect on children, May 2004, p. 93
Nonparents, Jan. 1991, p. 10
Parent Coordinators: An Effective New Tool in Resolving Divorce Conflict, Mar. 2000, p. 55
Parental unfitness, lesbian mother, Aug. 1994, p. 166
Parents' Ability and Willingness to Cooperate: "The Friendly Parent Doctrine" as a Most Important Factor in Recent Child Custody Cases, Apr. 1998, p. 65
Primary caretaker presumption, Aug. 1993, p. 167
The Relevance of Adultery and Extra-Marital Sexual Conduct in Custody and Visitation Cases, Sept. 1997, p. 165
The Relevance of Passive Smoke in Child Custody and Visitation Cases, Oct. 1994, p. 211
Religion
- The Court's Role in a Child's Religious Upbringing, Jan. 1993, p. 11
- Custodial Parent's Right to Expose Children to Religion, May 1995, p. 114
- Father's affiliation with cult, Sept. 2001, p. 182
- Postdivorce Disputes Concerning the Religious Upbringing of Children, July 1997, p. 135
- Religious education, oral agreement, June 1996, p. 120
Relocation
- Best interests of child, Aug. 2001, p. 154
- Employment-related relocation, Apr. 2001, p. 70
- Gender bias, Aug. 2001, p. 154
- Stability, June 2001, p. 117
Relocation of the Custodial Parent
- Joint Child Custody in the 1990s: Parental Relocation, Oct. 1994, p. 193
- Joint custody, Feb. 1992, p. 42
- Oh, the Places You'll (Possibly) Go! Recent Case Law on Relocation of the Custodial Parent, Sept. 2004, p. 152
- The Price of Stability: Recent Case Law on Relocation of the Custodial Parent, Aug. 1991, p. 49
- Stabilizing Families in a Mobile Society: Recent Case Law on Relocation of the Custodial Parent, Aug. 1996, p. 141
- Standard of proof, Sept. 1992, p. 196
Separation of siblings, Jan. 2001, p. 14
Standing
- Foster parents, Sept. 1991, p. 70
- Stepparents, Feb. 1991, p. 12
State-by-State Treatment in Custody Statutes of Moral Conduct and Character, Sept. 1997, p. 178
Stepparents
- The Rights, Duties, and Responsibilities of Stepparents to Their Stepchildren: Custody and Visitation, Oct. 1996, p. 185
- Standing, Feb. 1991, p. 12
- Stepparent's Right to Request Custody or Visitation: Standing, Oct. 1996, p. 194
Third Parties
- Custody Disputes Between Parents and Third Parties, May 1996, p. 81
- Standard of proof, Aug. 1995, p. 180
- Treatment for mental illness, Jan. 1993, p. 19
Where There's Smoke, There's a Custody Dispute: Second-Hand Smoke as a Factor in Child Custody and Visitation Cases, Jan. 2004, p. 1
CHILD SUPPORT
Adult Disabled Children
- Application of guidelines, June 2001, p. 119
- The Duty to Support Adult Disabled Children, Oct. 1997, p. 185
- Support for Adult Disabled Children: A State-by-State Survey, Oct. 1997, p. 192
Agreement, reduced support in exchange for consent to adoption, Apr. 2001, p. 71
Child Support Roundup, Oct. 1999, p. 210
College Tuition
- Allocation between parents, Dec. 1992, p. 261
- Child Support Guidelines, May 1995, p. 115
- Constitutionality, Apr. 1991, p. 9
- Constitutionality, Nov. 1995, p. 244
- Father's ability to pay, Sept. 1995, p. 202
- Fraternity dues and parking tickets, Jan. 2001, p. 15
- From Child to Adult: Parental Liability for Support of College-Age Children, Sept. 1993, p. 169
- Modification for changed circumstances, June 2001, p. 119
- Postmajority support, constitutionality, Apr. 2001, p. 71
- Selection of college, Jan. 2001, p. 14
Constitutional Issues
- The Constitutionality of Child Support Guidelines, July 2002, p. 117
- The Constitutionality of Child Support Guidelines Redux, June 2003, p. 101
- Constitutionality of the Child Support Recovery Act, Dec. 1996, p. 23
- Educational expenses, constitutionality, Sept. 1994, p. 191
- Validity, Jan. 1991, p. 10
Dependency exemption, allocation, Aug. 2000, p. 170
Deviation Factors
- Child Support Guidelines: Deviating for Private School Expenses, Aug. 1999, p. 166
- The Child's Independent Income as a Deviation Factor Under Child Support Guidelines, Apr. 2002, p. 61
- Deviation from State Child Support Guidelines, June 1995, p. 117
- Extraordinary expenses, private school, Apr. 2000, p. 76
- Modification, child's Social Security, Aug. 2001, p. 152
- Summer Camp Expenses and Child Support Guidelines, Mar. 2005, p. 47
- Visitation expenses, May 1995, p. 115
Emancipation
- Age of Emancipation: A State-by-State Survey, Jan. 2000, p. 8
- Collection of Child Support Arrearages After Majority: The Availability of Contempt Proceedings and Other Remedies, Mar. 1993, p. 49
- The Date of Termination as a "Nonmodifiable Aspect" of a Child Support Order Under Section 611 of UIFSA, Apr. 2004, p. 60
- Effective date of termination, June 2001, p. 119
- Full faith and credit, age of majority, Nov. 1991, p. 95
- What Constitutes Emancipation to Release a Parent from a Child Support Obligation, Jan. 2000, p. 1
Enforcement in General
- Abatement of Child Support upon De Facto Change of Custody, Aug. 2003, p. 150
- Arrearages, factual hearing, Dec. 1992, p. 262
- Arrearages, limitations, June 1994, p. 127
- Attorney and client, advice not to pay, Feb. 1991, p. 12
- The Availability of Credits for Nonconforming Payments of Spousal or Child Support, Feb. 2005, p. 17
- Child Support Enforcement in the United States: The Role of the Private Bar, Aug. 2000, p. 153
- Child Support Recovery Act, July 1997, p. 143
- Child Support Recovery Act, constitutionality, Mar. 1999, p. 62
- Choosing the Controlling Statute of Limitations in Interstate Child Support Cases, June 2003, p. 109
- Collection of Child Support Arrearages After Majority: The Availability of Contempt Proceedings and Other Remedies, Mar. 1993, p. 49
- Concealment of child, Feb. 1997, p. 39
- The Concealment of the Child as a Defense to Child Support, Sept. 1994, p. 169
- Concealment of child, post-Damico cases, Mar. 1995, p. 72
- Death of obligor, Mar. 1991, p. 11
- Death of obligor, May 1992, p. 107
- Deliberate concealment of child, May 1991, p. 22
- Estoppel, Sept. 1993, p. 186
- Examining the Link Between Access to Children and Payment of Support, May 1999, p. 85
- The Federal Consumer Credit Protection Act and Garnishment for Support, Aug. 2001, p. 148
- Garnishment, Social Security, Mar. 1991, p. 11
- Laches, Apr. 2000, p. 75
- State Child Support Programs: Necessity Inspires Ingenuity, Apr. 1999, p. 71
- States Get Creative with Child Support Enforcement, Apr. 1999, p. 80
- Statutes of Limitations and Laches as Defenses to an Action for Child Support Arrearages, Mar. 1995, p. 49
- Statutory rape, Feb. 1997, p. 39
- Using QDROs to Enforce Spousal and Child Support, Jan. 2001, p. 7
Enforcement (Interstate)
- The Federal Parent Locator Service: A Powerful, Low-Cost Discovery Tool, Apr. 1999, p. 67
- A Guide to Child Support Enforcement Against Military Personnel, Sept. 2000, p. 173
- Interstate Enforcement of Support: A Short Primer on Federal and Uniform Law, Part 1 of 2, Mar. 1997, p. 41
- Interstate Enforcement of Support: A Short Primer on Federal and Uniform Law, Part 2 of 2, Apr. 1997, p. 65
- New Mechanisms for Child Support Enforcement Under the Personal Responsibility and Job Opportunity Reconciliation Act of 1996 (Welfare Reform Act),
Apr. 1997, p. 80
- New Standardized Income Withholding Forms: A New Tool to Enforce Child Support, Mar. 2000, p. 52
- Paternity Support Retroactivity and Statutes Of Limitation, Dec. 1999, p. 237
- See also UIFSA.
Estoppel in the Name of Love: Child Support Litigation Between Former Domestic Partners, June 2003, p. 104
Expenses
- Business expenses, May 1997, p. 99
- Depreciation, July 1997, p. 143
Grandparents
- Fork It Over, Granny: The Child Support Obligations of Grandparents, July 1999, p. 129
- Government benefits, credit, Apr. 1991, p. 9
- The Impact of the Allocation of the Federal Child Dependency Tax Exemption on Child Support, Mar. 1996, p. 55
Guidelines in General
- Applying and Interpreting Child Support Guidelines: A 1992 Update, Jan. 1992, p. 3
- Child Support Guidelines: Interpretation and Application, Jan. 1991, p. 1
- Constitutionality of Guidelines, Mar. 1999, p. 62
- The Use of Economic Data in Child Support Guidelines: The United States Department of Agriculture's Expenditures on Children, Feb. 1999, p. 33
High-Income Parent
- Child Support Guidelines and the High-Income Parent: A Nationwide Survey of Approaches, Jan. 1995, p. 9
- Child Support Guidelines and the High-Income Parent: The Use of the Good Fortune Trust, May 1997, p. 92
- Combined incomes above guidelines maximum, Apr. 1994, p. 85
- Florida Child Support Guidelines and the High-Income Parent, Apr. 1995, p. 94
- Income off the chart, Oct. 1992, p. 218
- Incomes above the guideline maximum, June 1991, p. 34
- The Price of Affluence: Child Support Guidelines and the High-Income Parent, Jan. 1995, p. 1
- Reasonable needs of children, July 1994, p. 144
Imputed Income
- Adverse inference from assertion of Fifth Amendment, Dec. 2001, p. 249
- Change of residence, Nov. 1995, p. 244
- Child-care expenses, July 1997, p. 144
- Counting What's Not There: Recent Case Law on Imputing Income in Spousal and Child Support Cases, Oct. 1992, p. 197
- Custodial parent, Apr. 1994, p. 85
- Duty to move out of state to find work, Feb. 1997, p. 40
- The Effect of Retirement on Support Obligations, June 1996, p. 114
- The Employability Experts Speak, Nov. 1998, p. 225
- Employment after schooling, Apr. 2000, p. 76
- Imputed Income: 1995 Comprehensive Update, Feb. 1995, p. 29
- Imputing Income Based on Better Job Location and the Constitutional Right to Travel, Jan. 2003, p. 12
- Imputing Income to Nonincome or Underincome-Producing Assets for Purposes of Child Support, May 2005, p. 69
- Imputing Income to the Spiritually Minded, Mar. 2000, p. 49
- Incarceration, Aug. 2001, p. 153
- Income from real property, Aug. 2001 p. 153
- Modification, Nov. 1991, p. 95
- Presumptive effect of Social Security Administration ruling on disability, Sept. 2001, p. 182
- Religious scholar, July 1993, p. 146
- Tax filing status, Aug. 2001, p. 153
- Underperforming investments, June 2001, p. 117
- Update: Imputed Income, Oct. 1993, p. 206
- Voluntary change of employment, Sept. 1995, p. 201
- Work history, Aug. 2001, p. 152
- See also Vocational Evidence under ALIMONY.
Incarcerated Parent
- Incarceration of obligor parent, Mar. 1993, p. 61
- Involuntary, Mar. 1995, p. 71
- Issues Arising Between Spouses Where a Spouse Is Incarcerated Either Before or After Entry of a Divorce Decree, Aug. 1994, p. 157
- Modification, May 1991, p. 22
- Modification, May 1996, p. 100
- Voluntary versus involuntary separation, Mar. 1995, p. 71
Income
- Adoption Assistance Benefits as "Income" for Purposes of Child Support, Dec. 2004, p. 225
- Arrearages for other children, Aug. 2001, p. 153
- Beyond the 1040: Finding Hidden Sources of Income for Support, May 1998, p. 81
- Corporate or Partnership "Retained Earnings" as Income Under Child Support Guidelines, Nov. 2002, p. 205
- Fringe benefits, May 1995, p. 115
- Gifts from third parties, Oct. 1996, p. 198
- Inheritances as "Income" for Purposes of Child Support, Jan. 2000, p. 11
- Insurance, May 1991, p. 23
- Interest on IRAs as "Income" for Purposes of Child Support, Jan. 2000, p. 13
- Mortgage payments, June 1991, p. 34
- Net income, deductions for military allowances, Dec. 1994, p. 263
- Personal injury settlement, May 1995, p. 115
- Proceeds from sale of home, Aug. 2001, p. 153
- Proving Income by Expenditure and Lifestyle, Sept. 2001, p. 169
- Retirement benefits, May 1997, p. 99
- Royalties as "Income" for Purposes of Child Support, Feb. 2000, p. 36
- Second job, May 1995, p. 115
- Second spouse, Nov. 1994, p. 239
- Stock options as income, Dec. 2001, p. 248
- Stock Options as "Income" for Purposes of Child Support, Nov. 2000, p. 213
- Trust distributions, Aug. 2001, p. 153
- Unexercised stock options, Mar. 1999, p. 61
- Update: Retained Earnings as Income for Purposes of Child Support, Mar. 2005, p. 49
- Update: Stock Options as Income for Purposes of Child Support, Dec. 2001, p. 240
- See also High-Income Parent.
- See also Imputed Income.
Income tax dependency exemption, Sept. 1991, p. 70
Jurisdiction
- Federal jurisdiction, interpleader action, conflicting child support orders, Feb. 1994, p. 38
- Federal Legislation Update: The Full Faith and Credit for Child Support Orders Act, Jan. 1995, p. 23
- URESA, jurisdiction, Jan. 1993, p. 18
- See also Enforcement (Interstate).
- See also UIFSA.
Low-Income Parent
- Child Support Guidelines and the Low-Income Parent, Mar. 1996, p. 41
- State Child Support Guidelines: Treatment of Low-Income Parents, Mar. 1996, p. 44
Modification
- Abuse of prescription drugs, June 2001, p. 119
- Agreement-based support, needs of child, Apr. 2000, p. 75
- Choice of Law Principles in Child Support Modification Cases, July 1998, p. 121
- Deviation, child's Social Security, Aug. 2001, p. 152
- Discharge of property division in bankruptcy, June 2001, p. 119
- Guidelines, changed circumstances, Feb. 1992, p. 42
- Incarceration, May 1991, p. 22
- Incarceration, May 1996, p. 100
- Interference with Parental Rights of Noncustodial Parent as Grounds for Modification of Child Custody, Jan. 1997, p. 1
- Jurisdiction, Aug. 1996, p. 163
- Lack of visitation, Aug. 1994, p. 168
- Loss of trucking license, June 2001, p. 120
- Medical expenses, Dec. 1992, p. 262
- Order registered under URESA, Jan. 1991, p. 11
- Parental alienation, Nov. 1997, p. 218
- Passive smoke, May 1997, p. 99
- Personal jurisdiction, nonsupport, Oct. 1991, p. 83
- Qualified Medical Child Support Orders, Mar. 1994, p. 58
- Relationship with child, June 1991, p. 33
- Retroactive Awards of Child Support, Oct. 1994, p. 204
- Retroactive increase, May 1992, p. 126
- Retroactive recovery of prior reduction, Jan. 1994, p. 20
- Retroactivity, July 1991, p. 47
- Social Security, offset, Jan. 2001, p. 14
A New Paradigm for the Representation of Children: The Kindercentric Model, Dec. 1997, p. 221
Overpayment, mistake by attorney, Apr. 2000, p. 75
Paternity Support Retroactivity and Statutes Of Limitation, Dec. 1999, p. 237
Shared Custody
- Child Support Guidelines and the Shared Custody Dilemma, Nov. 1998, p. 213
A Shift in the Ruling Paradigm: Child Support as Outside the Contours of "Family Law," May 2000, p. 77
Stepparents
- • Duty to support, Oct. 1996, p. 200
- Liability, Sept. 1991, p. 70
- The Rights, Duties, and Responsibilities of Stepparents to Their Stepchildren, Sept. 1996, p. 165
Supplemental Security Income and Child Support, Apr. 2004, p. 71
UIFSA
- Continuing Exclusive Jurisdiction and UIFSA's "Spring Back" Provision, Aug. 2005, p. 139
- The Date of Termination as a "Nonmodifiable Aspect" of a Child Support Order Under Section 611 of UIFSA, Apr. 2004, p. 60
- Effect of registration, Jan. 2001, p. 15
- UIFSA and Statutes of Limitations, Jan. 2001, p. 1
- The Uniform Interstate Family Support Act: 1999 Comprehensive Update, Sept. 1999, p. 173
- See also Enforcement (Interstate).
Whose Money Is It, Anyway? A Custodial Parent's (Non)Duty to Account for Child Support, Apr. 2000, p. 57
COHABITATION
Contract, enforceability, May 1997, p. 99
Drafting Cohabitation Agreements, Oct. 1993, p. 189
Homosexuality, decedent's last wishes, standing to oppose family, Nov. 1993, p. 227
The Next Wave of Domestic Partner Litigation: Why Domestic Partners Need Domestic Partnership Agreements, Aug. 2002, p. 137
The Relevance of Premarital Cohabitation in Dividing Property upon Divorce, Nov. 1994, p. 233
Rights and Remedies of Cohabitating Couples upon Termination of the Relationship, Oct. 1992, p. 209
Sample Provisions for Same-Sex Domestic Partnership Agreements, July 2001, p. 127
COMMON LAW MARRIAGE
Interstate Recognition of Common Law Marriages, Apr. 1992, p. 77
Interstate Recognition of Common Law Marriages, Oct. 1997, p. 193
Validity, Nov. 1991, p. 95
COMMUNITY PROPERTY
See PROPERTY DIVISION.
CUSTODY
See CHILD CUSTODY.
DIVORCE
Abandonment, consent, Sept. 1995, p. 203
Abatement
- Abatement, Mar. 1998, p. 54
- Abatement of Divorce and Ancillary Proceedings upon the Death of a Party, Feb. 1997, p. 25
- • Death after separation, Apr. 2000, p. 74
- Escrow funds, July 1994, p. 158
- Settlement agreement, Mar. 1994, p. 63
Butler v. Butler: The Divorce Scenario, Apr. 2000, p. 71
Choice of law, foreign country law, Apr. 2001, p. 70
Clinton v. Clinton, The Divorce Scenario, Apr. 2000, p. 68
Collaborative Divorce: A Short Overview, Apr. 2001, p. 68
A Few Tips for Divorcing the Elderly, Aug. 2001, p. 150
Limitation by separation agreement, May 1995, p. 115
Mentally Incompetent Spouses as Parties to Divorce Actions, Mar. 1997, p. 52
Private Investigators
- Admissibility and Weight of a Private Investigator's Testimony in a Divorce Case, Nov. 1999, p. 218
- Liability of One Spouse for Private Investigator Fees Incurred by the Other Spouse During Divorce Proceedings, Nov. 1999, p. 231
- Private Investigators in Divorce Cases: An Investigator's Viewpoint, Mar. 2000, p. 38
Recognition of Foreign Country Divorce Decrees Pursuant to the Doctrine of Comity, Apr. 1996, p. 61
Reopening, extrinsic fraud, Aug. 2000, p. 171
The Role of the Judge in Pro Se Litigation, June 1998, p. 115
The Ten Commandments of Domestic Negotiations, Sept. 2001, p. 175
DIVORCE GROUNDS
What Constitutes Adultery, Jan. 2004, p. 12
Can't We All Just Get Along? Fault-Based Divorces in the 1990s, May 1995, p. 97
Constructive desertion, bar to alimony, June 1993, p. 124
Cruelty, wiretapping, Dec. 1991, p. 107
Incurable insanity, Aug. 1994, p. 167
Justice Scalia's "Wild Ride": Lawrence v. Texas and the Constitutionality of Penalizing Adultery, July 2005, p. 109
DIVORCE PROCEDURE
Discovery
- Computer files, May 1997, p. 100
- Discovery and Admissibility of Electronic Evidence, Sept. 2001, p. 157
- Expert witness fees, non-testifying expert, Aug. 2001, p. 154
- The Law of Discovery: Limitations on Scope and Sanctions for Non-Compliance, May 1991, p. 13
- Supplemental Notes on Discovery and Admissibility of Electronic Evidence, Sept. 2001, p. 165
- Taking the First Step: The Law of Discovery in Divorce Proceedings, Apr. 1991, p. 1
- Update: Discovery and Admissibility of Electronic Evidence, Mar. 2002, p. 45
Disqualification of Expert Witnesses for Conflict of Interest in Divorce Cases, Mar. 2005, p. 37
Domicile, military spouse, Mar. 1994, p. 63
Entry and Enforcement of Preliminary Injunctions Against Dissipation of Marital Property, June 2004, p. 102
Evidence
- The Admissibility and Relevance of Prior Bad Acts in Child Custody Cases, Apr. 1996, p. 73
- Admissibility and Weight of a Private Investigator's Testimony in a Divorce Case, Nov. 1999, p. 218
- Discovery and Admissibility of Electronic Evidence, Sept. 2001, p. 157
- The Ethical Dilemma Posed by Surreptitiously Obtained Evidence, Dec. 1999, p. 252
- Expert testimony, general standard, Mar. 1999, p. 59
- Interfamilial Wiretapping and Surveillance, Dec. 1996, p. 235
- Update: Discovery and Admissibility of Electronic Evidence, Mar. 2002, p. 45
Fifth Amendment Issues in Divorce Cases, Jan. 1994, p. 15
Jurisdiction
- In rem action, Mar. 1998, p. 54
- Marital status, Mar. 1992, p. 61
- Pursuing the Divisible Divorce: Recent Case Law on State Court Jurisdiction in Divorce Cases, July 2000, p. 125
- Same-Sex Marriage and Divorce Jurisdiction, June 2004, p. 96
The Lock on the Bedroom Door: Media Access to Hearings and Records in Divorce Cases, Mar. 1995, p. 60
Military Service Members
- A Brief Overview of the New Servicemembers Civil Relief Act, Mar. 2004, p. 37
- Family Law and the Servicemembers Civil Relief Act, Mar. 2004, p. 42
- Legal Considerations in SCRA Stay Request Litigation: The Tactical and the Practical, Mar. 2004, p. 49
- Sample Motion for Stay of Proceedings Under the New Servicemembers Civil Relief Act (SCRA), Mar. 2004, p. 57
Wiretapping
- Federal statute, Jan. 1994, p. 19
- Interspousal Wiretapping, May 1994, p. 102
- Vicarious consent, July 1997, p. 143
- Wiretapping, Mar. 1991, p. 12
DOMESTIC VIOLENCE
In the United States Supreme Court, Oct. 1999, p. 206
Representing the Abused Spouse in Domestic Violence Cases, Apr. 1992, p. 65
Violence Against Women Act, constitutionality, Mar. 1999, p. 60
EQUITABLE DISTRIBUTION
See PROPERTY DIVISION.
FROM THE EDITOR
Introduction, Jan. 1991, p. 1
Introduction, Jan. 1992, p. 1
HUSBAND AND WIFE
Boys Will Be Boys: Littleton v. Prange, Oct. 1999, p. 209
MARRIAGE
Editorial: A Short Critique of the Defense of Marriage Act, July 1996, p. 135
This Diamond Ring Doesn't Shine for Me Anymore: Who Is Entitled to Possession of Engagement Presents When No Marriage Occurs, Aug. 2002, p. 148
PARENT AND CHILD
The Authority of a Stepparent to Discipline a Stepchild, July 1999, p. 146
The Duty of Adult Children to Support Their Parents, Sept. 1996, p. 177
Elder support, neglect, May 1997, p. 100
Table of Filial Support Statutes, Sept. 1996, p. 178
PARENTAL RIGHTS
Medical records, Jan. 1991, p. 10
Name of child, Mar. 1991, p. 11
Termination
- Failure to stop other parent's abuse, June 1993, p. 125
- Minors, standing to petition, Nov. 1993, p. 227
PATERNITY
Artificial insemination, consent by non-father, Dec. 2001, p. 248
Blood Tests
- Attacking Blood Tests in Paternity Cases, May 1991, p. 89
- DNA Testing, Sept. 1991, p. 70
- Hearsay, HLA test report, Mar. 1993, p. 62
- Other child of father, Dec. 1991, p. 107
- Standard for admission, July 1993, p. 146
- Sufficiency of evidence, Feb. 1991, p. 12
Equitable adoption, stepparent, termination of parental rights, Apr. 1993, p. 86
Estoppel
- Don't Know Much 'Bout Biology: Paternity Estoppel and the Law's Preference for Nurture over Nature, Sept. 2002, p. 157
- Extramarital affair, Dec. 1993, p. 248
- Limitations and Novel Applications of the Doctrine of Paternity Estoppel, Oct. 2002, p. 177
- The Power of Positive Parenting: Equitable Estoppel in Paternity Cases, May 1992, p. 95
- Standing, putative father, Jan. 1996, p. 20
- Stepfather's rights, Oct. 1991, p. 84
It's Ten O'Clock: Do You Know Where Your Sperm Are? Toward a Strict Liability Theory of Parentage, Jan. 1999, p. 1
Limitations
- Constitutionality, Feb. 1991, p. 12
- Constitutionality, Mar. 1991, p. 11
- Paternity Support Retroactivity and Statutes of Limitation, Dec. 1999, p. 237
Motion to reopen divorce decree, blood tests, Apr. 2001, p. 70
The New Uniform Parentage Act (2000): Parenting for the Millennium, Mar. 2001, p. 41
Reopening Judgments
- Direct Attacks upon Final Paternity Judgments Under Provisions Other Than Those Analogous to Fed. R. Civ. P. 60(b), Feb. 2002, p. 34
- The New Georgia Statute on Setting Aside Paternity Judgments, Nov. 2002, p. 209
- Will You Still Need Me, Will You Still Feed Me, After 60(b)? Direct Attacks upon Final Paternity Judgments, Jan. 2002, p. 1
Res Judicata
- Effect, Jan. 1991, p. 10
- The Preclusive Effect of Paternity Findings in Divorce Decrees, Dec. 1993, p. 229
- The Preclusive Effect of Paternity Findings in Divorce Decrees, Sept. 1998, p. 169
- Prior divorce decree, June 1994, p. 126
Right to effective counsel, Feb. 1991, p. 12
Standing, mother in intact marriage, Dec. 2001, p. 250
POSTNUPTIAL AGREEMENTS
Validity, public policy, Mar. 1992, p. 62
PROPERTY DIVISION
Accumulated leave time, EDA, Oct. 1991, p. 43
Appreciation of Separate Property
- Applying the Active/Passive Test, EDA, Jan. 1991, p. 1; EDA, Feb. 1991, p. 1
- Appreciation, Dec. 1996, p. 237
- The Benefits of Prosperity: Classification and Division of the Appreciation of Separate Property, May 1993, p. 89
- The Benefits of Prosperity: Classification and Division of the Appreciation of Separate Property, June 1993, p. 109
- Burden of proof, EDA, Dec. 1991, p. 56
- Classifying the Retained Earnings of a Separate Property Business as Marital Property, Aug. 2003, p. 141
- The Coming Crisis in Florida Law over the Doctrine of Unitary Appreciation, May 2001, p. 94
- Community home on separate lot, Apr. 1992, p. 87
- Community investment in separate property, CPA, Jan. 1991, p. 1
- Distinguishing Between Active and Passive Appreciation in Separate Property: A Suggested Approach, May 2001, p. 73
- Third-party efforts, Mar. 1997, p. 63
Attorney Contingent Fees
- Classification and Division of Attorney Contingent Fees, Aug. 2004, p. 136
- Contingent Fee Arrangements in Property Division Cases, May 1992, p. 103
- Contingent fees, EDA, Feb. 1991, p. 4
- Division upon divorce, Nov. 1993, p. 217
Bankruptcy, effect of, Feb. 1992, p. 41
Bifurcation, unnecessary delay, June 1991, p. 18
Blended Families in the 1990s: Property Division Issues Involving Nonmarital Children, June 1997, p. 115
Book Review: Equitable Distribution of Property (2d Edition), Jan. 1995, p. 25
Civil Service Retirement Benefits
- Civil service, EDA, Jan. 1991, p. 3
- Classification of Civil Service Retirement Benefits, Sept. 1992, p. 189
- See also Retirement Benefits.
Closely held corporation, substitute maintenance, June 1993, p. 125
Cohabitation
- Classification and Division of Property Acquired During Premarital Cohabitation, Oct. 2004, p. 180
- Cohabitation, Sept. 1991, p. 70
- The Relevance of Premarital Cohabitation in Dividing Property upon Divorce, Nov. 1994, p. 233
Common-law Fraud as a Remedy for Asset-Related Misconduct, Oct. 1995, p. 205
Community property, waiver by agreement, CPA, Jan. 1991, p. 4
Community torts, time of determination, CPA, Mar. 1991, p. 4
Date of classification, Mar. 1993, p. 61
Debts
- Attorney's fees, CPA, Feb. 1991, p. 4
- Burden of proof, CPA, Mar. 1991, p. 4
- Classification of Debts for Unpaid Income Taxes, Sept. 2003, p. 157
- Classifying and Valuing Marital Debts, EDA, July 1991, p. 22; Aug. 1991, p. 29
- Community and Separate Debts, CPA, May 1991, p. 5
- Division of Student Loans in Divorce Cases, Mar. 2001, p. 52
- Interspousal obligations, Mar. 1996, p. 59
- Late filing of income tax return, Apr. 2000, p. 74
Degrees and Licenses
- Compensating the Nonstudent Spouse in Degree Cases: The Remedy of Equitable Restitution, Sept. 1992, p. 192
- Degrees and licenses, June 1992, p. 126
- The Diploma Dilemma: Equitable Distribution and Professional Degrees, EDA, Oct. 1991, p. 42; EDA, Nov. 1991, p. 45
- Merger of Professional Degrees into Professional Careers Under New York Equitable Distribution Law, Mar. 1996, p. 52
- Why New York Law May Be Moving Away from Treating Professional Degrees as Marital Property (and Why Attorneys in Other States Should Care), July
2004, p. 128
Determining the Date of Separation for Purposes of Grounds for Divorce and Property Division, Dec. 2005, p. 189
Disability Benefits
- Classification and Division of Disability Benefits in Divorce Cases, Dec. 2004, p. 212
- Classification of Disability Benefits, CPA, Sept. 1991, p. 1
- Disability benefits, Sept. 1991, p. 70
Discovery and enforcement, CPA, Jan. 1991, p. 3
Dissipation of Assets
- Burden of proof, EDA, Jan. 1991, p. 3
- Burden of proof, Jan. 1995, p. 26
- Common-law Fraud as a Remedy for Asset-Related Misconduct, Oct. 1995, p. 205
- Drug addiction, EDA, July 1991, p. 26
- Excessive business expenses, CPA, Dec. 1991, p. 36
- Fraudulent conveyance, separate property, CPA, May 1991, p. 8
- Fraudulent Conveyance Statutes as a Remedy for Dissipation of Marital Assets, Mar. 1996, p. 45
- Gambling, EDA, Jan. 1991, p. 4
- Good-faith attempt to save business, EDA, July 1991, p. 26
- Here Today, Gone Tomorrow: Identification and Division of Dissipated Marital Assets, Feb. 1996, p. 21
- Identification and division of assets, EDA, Oct. 1991, p. 37
- Living expenses, Dec. 1992, p. 261
- Mismanagement of business, Apr. 1993, p. 85
- Nonmarital property, EDA, Jan. 1991, p. 3
- Preliminary Injunctions Against Dissipation of Marital Assets, Sept. 1994, p. 184
- Time period, EDA, Feb. 1991, p. 4
- Unearned salary, Sept. 1991, p. 70
- Unequal division, Mar. 1992, p. 64
- Unequal division, Apr. 1993, p. 84
- Violation of pretrial injunction, July 1994, p. 144
Division Stage
- Beyond the Marital Partnership Theory: The Role of Need and Fault in Equitable Distribution of Marital Property, July 1992, p. 129
- Future financial needs, disabled spouse, Nov. 1994, p. 239
- Measuring the Unmeasurable: Recent Case Law on Equitable Distribution of Marital Property, June 1992, p. 109
- Postseparation income, distribution factor, Jan. 1993, p. 19
- Short marriage, Aug. 1994, p. 168
- Support obligation from prior marriage, June 1998, p. 117
- Uniform starting points, Oct. 1992, p. 217
- See also Fault.
Eating Jello with Chopsticks: The Elusive Concept of Separate Property in Michigan, June 2000, p. 114
Employee stock ownership plan, contingent benefits, CPA, Aug. 1991, p. 20
Employment bonuses, EDA, Mar. 1991, p. 7
Encumbrance of real property, Sept. 1991, p. 24
Enforcement, CPA, Mar. 1991, p. 4; CPA, Aug. 1991, p. 20
Failure to request in answer, reopening of decree, Oct. 1994, p. 214
Fault
- Beyond the Marital Partnership Theory: The Role of Need and Fault in Equitable Distribution of Marital Property, July 1992, p. 129
- Domestic Violence as a Factor in Distributing Property upon Divorce, Mar. 1998, p. 41
- Fault, Aug. 1992, p. 172
- Fault as a complete bar, EDA, July 1991, p. 27
- The Impact of Domestic Violence on Property Division in Divorce, Aug. 2004, p. 146
- Increased risk of AIDS, EDA, June 1991, p. 18
- Marital misconduct, Aug. 1994, p. 179
- Refusal to have children, Mar. 1991, p. 61
- The Role of Marital Misconduct in Dividing Property upon Divorce, July 2003, p. 117
Federal income tax exemption, allocation, June 1991, p. 45
Formation of close corporation, EDA, Apr. 1991, p. 4
Frequent Flyer Miles
- Division of Frequent Flyer Benefits in Divorce Cases, July 1999, p. 148
- The Editors' Mailbox: Division of Frequent Flyer Benefits, Aug. 1999, p. 171
- Frequent Flyer Miles Update, Nov. 1999, p. 236
Fringe benefits of employment, mortgage subsidy contract, Dec. 2002, p. 231
Frozen Embyros
- Frozen embryos, best interests of the child, Jan. 2001, p. 15
- Recent Case Law on Division of Frozen Embryos in Divorce Proceedings, Mar. 2003, p. 54
Future severance pay, Apr. 2002, p. 74
Gifts
- Distribution from trust, Nov. 1997, p. 218
- Donative intent, Nov. 1993, p. 228
- The Effect of Interspousal Transfers upon Classification of Separate Property in Divorce Cases, Jan. 1996, p. 1
- Forgiveness of debt, Aug. 1991, p. 20
- Gifts, EDA, Jan. 1991, p. 3
- Gifts and Inheritances as Community Property, CPA, Dec. 1991, p. 33
- Interspousal conveyances, July 1999, p. 153
- Interspousal gifts, Apr. 1992, p. 87
- Joint title, unequal division, July 1996, p. 139
- Property acquired for minimal consideration, CPA, Sept. 1991, p. 24
- Rebutting the Joint Title Gift Presumption in West Virginia, Feb. 1996, p. 37
- Transfer from parents, July 1996, p. 140
- Wedding gift, Feb. 1994, p. 36
- With This Ring: Possession of Engagement and Wedding Rings upon Termination of the Relationship, Apr. 1994, p. 78
- See also Source of Funds Rule.
- See also Transmutation.
Goodwill
- A Breakdown of Goodwill Cases by the Type of Business Involved, July 1996, p. 132
- Celebrity goodwill, EDA, Aug. 1991, p. 32
- Classification and Division of Business and Professional Goodwill, July 1996, p. 121
- Classifying and Valuing the Goodwill of a Franchise Business in a Divorce Case, Aug. 1999, p. 157
- Dental practice, Dec. 1991, p. 56
- Dental practice, Jan. 1993, p. 18
- Detachability from personal reputation of the professional, EDA, Mar. 1991, p. 6; EDA, July 1991, p. 26
- Large law firm, Jan. 2000, p. 14
- Law practice, EDA, May 1991, p. 10; CPA, July 1991, p. 13
- Professional goodwill, Dec. 1992, p. 262
- Solo law practice, EDA, Feb. 1991, p. 4
- Under-employment, EDA, Feb. 1991, p. 4
- Why New York Law May Be Moving Away from Treating Professional Degrees as Marital Property (and Why Attorneys in Other States Should Care), July
2004, p. 128
Home
- Marital residence, death of wife, bifurcation, Feb. 1993, p. 38
- A Short Overview of Nationwide Case Law on Classification of the Marital Home, Mar. 2002, p. 52
- See also Source of Funds Rule.
Hybrid Property: See Source of Funds Rule.
Illegally Acquired Assets and Property Division, July 1993, p. 142
Incentive plans, CPA, Feb. 1991, p. 1
Inheritance, community property, Apr. 2001, p. 70
Inheritances, CPA, Dec. 1991, p. 33
Insurance
- Fire insurance proceeds, CPA, June 1991, p. 12
- Insurance, CPA, Apr. 1991, p. 3
- Life Insurance and Divorce: Till Death Do Us Fight, Sept. 1997, p. 180
- Life insurance proceeds, Apr. 1992, p. 87
Intellectual Property
- Book royalties, May 1994, p. 105
- Division of Intellectual Property Interests upon Divorce, Feb. 2000, p. 17
- Intellectual Property, CPA, Nov. 1991, p. 29
- Intellectual Property Update: Federal Preemption, Mar. 2001, p. 49
- Patent royalties, Apr. 1996, p. 80
- Royalty payments, EDA, Mar. 1991, p. 6
Interest on certificates of deposit, EDA, May 1991, p. 11
Issues Arising Between Spouses Where a Spouse Is Incarcerated Either Before or After Entry of a Divorce Decree, Aug. 1993, p. 157
Jointly Titled Assets
- Classification, EDA, Dec. 1991, p. 53
- Entireties property, classification, Feb. 1992, p. 42
- Joint title and public policy, EDA, Dec. 1991, p. 56
- Jointly owned separate property, CPA, Feb. 1991, p. 3
- Jointly titled assets, EDA, Dec. 1991, p. 53
- See also Transmutation.
Jurisdiction, in rem action, Mar. 1998, p. 54
Lottery Awards
- Equitable Distribution of Lottery Winnings: It Ain't Over Till It's Over No More?, Dec. 1993, p. 239
- Lottery award, EDA, Feb. 1991, p. 4
- Lottery proceeds, Sept. 1993, p. 186
- Lottery winnings, Feb. 1993, p. 38
Matrimonial Agreements
- Non-owned interests, CPA, Aug. 1991, p. 17
- Renouncing community property, CPA, May 1991, p. 7
- Survivorship agreements, retroactivity of constitutional amendment, CPA, Oct. 1991, p. 28
Mechanics of Division
- Community Business Property, CPA, June 1991, p. 9
- Construction of order, definition of a car, May 1995, p. 114
- Future profits, CPA, Dec. 1991, p. 36
- Installment award, duration of payment, Mar. 1996, p. 59
- Judicial liens, separate property, CPA, May 1991, p. 8
- Lien on partnership interest, Feb. 1994, p. 37
- Security for award, lien on separate property, CPA, Apr. 1991, p. 4
Military Disability Benefits
- Federal preemption, Sept. 1992, p. 196
- Military disability pay, Jan. 1991, p. 10; June 1991, p. 35
- The Power of State Courts to Enforce Separation Agreements Which Divide Veteran's Disability Benefits, Mar. 1996, p. 49
- Prohibition from Electing Disability Pay, May 1995, p. 116
- Separation agreement, Mar. 1991, p. 61
- State Court Treatment of Military and Veteran's Disability Benefits: A 2004 Update, May 2004, p. 76
- See also Disability Benefits.
Military Retirement Benefits
- Jurisdiction, Mar. 1991, p. 12
- Military retirement benefits, Jan. 2001, p. 15
- Military retirement pay, Feb. 1991, p. 11
- Military retirement pay, Sept. 1991, p. 70
- Postdivorce appreciation, Mar. 1992, p. 62
- Reopening decree, Aug. 1993, p. 167
- See also Retirement Benefits.
Minority interests in close corporations, EDA, July 1991, p. 27
Noncompetition Agreements
- Noncompetition agreement as gross proceeds from sale of business, Dec. 1995, p. 264
- Noncompetition Agreements and Consulting Contracts in Property Division Cases, May 1996, p. 95
Omitted asset, attorney-husband, Apr. 1994, p. 84
Once Is Not Enough: Dissolving a Second Marriage Between the Same Spouses, July 1992, p. 143
Partition
- Retirement benefits, CPA, June 1991, p. 12
- Venue, CPA, May 1991, p. 7
Personal Injury Awards
- Allocation, Feb. 1991, p. 4
- Allocation of general settlement, June 1999, p. 127
- Included items, EDA, June 1991, p. 17
- Injury after separation, EDA, Apr. 1991, p. 4
- Punitive damages, Sept. 1996, p. 183
- Structured settlement, EDA, Oct. 1991, p. 43
- Wrongful discharge, EDA, Aug. 1991, p. 32
- See also Workers' Compensation Benefits.
Pets
- Who Gets Fluffy? Division of Pets in Divorce Cases, June 1999, p. 113
Pleading, voluntary dismissal, Oct. 1994, p. 214
Postjudgment relief, waiver, July 1994, p. 145
Postseparation appreciation, Sept. 1994, p. 192
Postseparation income, distribution factor, Jan. 1993, p. 19
Preliminary Injunctions Against Dissipation of Marital Assets, Sept. 1994, p. 184
Premarital Property
- Appreciation, Aug. 1994, p. 168
- Premarital contributions, effect on award, Dec. 1993, p. 247
- Premarital property, Mar. 1992, p. 62
- Property acquired before marriage, CPA, Sept. 1991, p. 24
- Unequal division, Mar. 1998, p. 55
- See also Source of Funds Rule.
Presumption, marital property, EDA, Nov. 1991, p. 49
Property acquired with income not reported for tax purposes, EDA, June 1991, p. 17
Property, definition of, EDA, Mar. 1991, p. 1
Property Division Triage: Identifying Unusual Types of Divisible Property, Oct. 2000, p. 193
QDROs
- The Mechanics of Dividing Retirement Benefits: Recent Case Law on Preparation of Qualified Domestic Relations Orders, June 1998, p. 105
- The Perils and Pitfalls of Using an Employer's Model QDRO When Dividing Retirement Benefits, Nov. 2002, p. 197
- QDRO Malpractice 2.0: The Next Generation, May 2002, p. 77
- QDROs, Mar. 1991, p. 11
- Working with an Independent QDRO Drafter: Practical Advice for the Practicing Attorney, June 1998, p. 112
Quasi-community property, second marriage, CPA, Mar. 1991, p. 4
Reimbursement
- The Benefits of Prosperity: Classification and Division of the Appreciation of Separate Property, May 1993, p. 89
- Burden of proof, CPA, Jan. 1991, p. 3
- Commingled property, CPA, June 1991, p. 12
- Exclusive use, CPA, Jan. 1991, p. 4
- Mortgage paid with child support, CPA, Oct. 1991, p. 28
- Retained earnings of trusts, CPA, July 1991, p. 16
- Tracing, CPA, Oct. 1991, p. 28
- Unequal division, CPA, Feb. 1991, p. 4
Reopening of Judgments
- Fraud, Jan. 2001, p. 13; June 2001, p. 117
- The Limits of Finality: Reopening Property Division Orders in Postjudgment Proceedings, Aug. 1997, p. 145
- Tort damages, fraud, Jan. 2001, p. 13
Retirement Benefits
- An Actuary's Comments on Pensions in Divorce, Oct. 1999, p. 197
- Anti-assignment provisions, EDA, May 1991, p. 11
- Antiattachment statute, June 1992, p. 127
- Classification of Postdivorce Increases in Retirement Benefits: Reported Case Law, Aug. 1995, p. 175
- Classification, Valuation, and Division of Retirement and Disability Benefits, May 1994, p. 89; June 1994, p. 109; July 1994, p. 129; Aug. 1994, p. 149
- Cost of living adjustments, EDA, Feb. 1991, p. 4
- Date of receipt, Mar. 1992, p. 63
- Deferred Distribution of Retirement Benefits: Retroactive Awards, Apr. 2004, p. 66
- Definition of property, EDA, Mar. 1991, p. 6
- Delaying retirement, June 2001, p. 117
- Direct payment, CPA, July 1991, p. 16
- The Dischargeability of Pension Awards Under Federal Bankruptcy Law, Feb. 2004, p. 17
- Dividing community retirement benefits, CPA, Oct. 1991, p. 25
- Dividing Pension Property: Underrated Malpractice Concerns, July 2004, p. 116
- Division of Early Retirement Benefits upon Divorce, June 1996, p. 103
- Early retirement benefits, EDA, Aug. 1991, p. 32
- Early retirement plans, Mar. 1994, p. 62
- The Emerging Marital Controversy: When Should Postdissolution Retirement Benefit Increases Be Treated as Marital Property?, Aug. 1995, p. 162
- Enforcement, CPA, June 1991, p. 11
- Individual retirement accounts, EDA, Sept. 1991, p. 33
- Method of division, Apr. 1992, p. 87; May 1995, p. 116
- Nonalienation clause, CPA, May 1991, p. 8
- Nonvested pension, Dec. 1995, p. 264
- Partition, CPA, Jan. 1991, p. 4
- Partition, CPA, Aug. 1991, p. 20
- Payment of monthly sum to nonowner, EDA, Jan. 1991, p. 3
- Payment upon death, CPA, Aug. 1991, p. 19
- A Possible New Alternative for Deferred Distribution of Retirement Benefits: The Separate Interest Approach, Nov. 2001, p. 221
- Postdivorce Increases in Retirement Benefits: A 2004 Update, Nov. 2004, p. 196
- Post-separation appreciation, Feb. 1996, p. 39
- Post-separation appreciation in retirement plans, CPA, Mar. 1991, p. 1
- Private agreements and survivor benefits, CPA, Apr. 1991, p. 1
- Recognition of community contribution, CPA, Feb. 1991, p. 4
- Retirement Benefits, Property Division, and Spousal Support: A Critical Review of the Rule Against Double-Dipping, May 2005, p. 78
- Right to reimbursement, waiver, May 1991, p. 107
- Statutory Update: Pennsylvania Changes Its Position on Postdivorce Increases in Retirement Benefits, Jan. 2005, p. 11
- Valuation, Mar. 1992, p. 63
- Valuation, date of retirement, EDA, May 1991, p. 11
- Valuation, total contributions plus interest, EDA, Mar. 1991, p. 6
- Vested pension, Dec. 1995, p. 264
- Waiver of military retirement pay, re-opening decree, Dec. 1995, p. 264
- See also Civil Service Retirement Benefits.
- See also Military Retirement Benefits.
- See also QDROs.
- See also Survivor Benefits.
Security for support, Nov. 1991, p. 94
Severance pay, Feb. 1993, p. 39
Severance pay, Apr. 1993, p. 84
Social Security
- The Effect of Social Security Benefits on Divorce Cases, Nov. 1993, p. 209
- Social Security, Jan. 1991, p. 11
- Social Security: A 2005 Update, Apr. 2005, p. 53
- Social Security disability benefits, June 1991, p. 34
Source of Funds Rule
- The Effect of Improvements upon Classification of Hybrid Property in Equitable Distribution Cases, Feb. 1999, p. 38
- Second mortgage, EDA, Jan. 1991, p. 4
- A Short Critique of Virginia Law on Hybrid Property Issues, June 1999, p. 119
- See also Tracing.
Stock Options
- Distribution of Employee Stock Options, Jan. 2003, p. 17
- Stock Options and Other Restricted Benefits as Divisible Property in Divorce Actions, Nov. 1997, p. 201
- Unvested, Apr. 2001, p. 71; Aug. 2001, p. 155
- Unvested, time rule, Jan. 2001, p. 16
- Vested but unexercised, Dec. 2001, p. 249
Survivor Benefits
- The Effect of Death and Remarriage on State Court Orders Dividing Survivor Benefits, Dec. 2000, p. 239
- Military survivor benefits, federal preemption, Jan. 2001, p. 16
- A Possible New Alternative for Deferred Distribution of Retirement Benefits: The Separate Interest Approach, Nov. 2001, p. 221
- Survivor annuity, Sept. 1992, p. 196
- Survivor benefits, EDA, Apr. 1991, p. 4
- Survivor benefits, July 1994, p. 144
- Waivers of Survivor Benefits in Separation Agreements: How Effective Are They?, Aug. 2001, p. 141
Tax Consequences
- Allocation of federal tax exemption, June 1991, p. 45
- Consideration of Tax Consequences of Divorce as a Factor in Equitable Distribution, Apr. 1993, p. 65
- Depreciation, EDA, Mar. 1991, p. 6
- Termination of community, CPA, Apr. 1991, p. 3
- Valuing partnerships, CPA, June 1991, p. 12
- See also TAXATION.
Third Parties
- Alter ego, Aug. 2001, p. 155
- Marital Contributions to Property Owned by a Third Party: Distribution upon Divorce, Mar. 1993, p. 41
- Property owned by third parties, CPA, Sept. 1991, p. 24
- Rights of third parties, EDA, Mar. 1991, p. 6
Tracing
- Commingling and the Process of Tracing, EDA, June 1991, p. 13
- Corporate stock, Jan. 1991, p. 4
- The Effect of Interspousal Transfers upon Classification of Separate Property: A 2003 Update, Apr. 2003, p. 61
- Five Easy Steps for Tracing Separate Property Through a Commingled Bank Account, Dec. 2000, p. 237
- Income from separate property, CPA, June 1991, p. 11
- Tracing bank accounts, June 1998, p. 117
- Tracing Separate Property Through a Commingled Bank Account, Dec. 2000, p. 229
- Tracing, Transmutation and the Language of Law, June 2005, p. 89
Transmutation
- Changing Horses in Midstream: The Doctrine of Transmutation, EDA, May 1991, p. 5
- Commingling and the process of tracing, EDA, June 1991, p. 13
- Deed of gift--parol evidence rule, Sept. 2002, p. 175
- Implied gift, Feb. 1991, p. 4
- Interspousal transfers, classification and division, EDA, Apr. 1991, p. 1
- Joint bank account, June 1992, p. 126
- Joint title, EDA, Feb. 1991, p. 4
- Mutual inheritance, Sept. 1996, p. 183
- Tracing, Transmutation and the Language of Law, June 2005, p. 89
Trusts
- Appreciation, Aug. 1992, p. 172
- Division of Trusts in Divorce Cases, May 2003, p. 85
- Equitable Distribution of Income and Remainder Interests in Inter Vivos and Testamentary Trusts, Jan. 1993, p. 1
- Interest in trust, EDA, Mar. 1991, p. 6
- Valuation of a Remainder Interest in a Trust, Dec. 2001, p. 247
- Vested remainder, Aug. 1992, p. 173
Unsecured debt, payment with nonmarital funds, EDA, Sept. 1991, p. 36
Valuation
- Business Valuation Issues in a Divorce Setting, July 2002, p. 128
- Buy-sell agreements, EDA, May 1991, p. 10
- Closing costs, Dec. 1994, p. 262
- Covenant not to compete, CPA, Dec. 1991, p. 36
- Date of valuation, hybrid appreciation after separation, Apr. 2002, p. 72
- Date of valuation, small business, Jan. 1994, p. 18
- Dates of Classification and Valuation: A State-by-State Survey, Feb. 2001, p. 36
- Determining the Date for Valuing Marital Property in Divorce Actions, Feb. 2001, p. 17
- Effect of remand, EDA, Mar. 1991, p. 6
- Excess earnings method, Oct. 1997, p. 200
- Exclusive insurance agency, June 2001, p. 118
- How to Work with a Valuation Expert: Tips for Attorneys from a C.P.A. in the Trenches, Apr. 1998, p. 76
- Law practice, CPA, July 1991, p. 13
- Minority business interest, Dec. 1992, p. 260
- Recent Case Law on Valuation of Marital and Community Property, Nov. 1991, p. 85; Dec. 1991, p. 97
- Reliance upon independent expert, Apr. 2002, p. 72
- Retail vs. trade-in value, Apr. 2002, p. 74
- Seven "Knock-Out Punch" Questions for a Business Valuation Expert, June 2001, p. 101
- Update: Determining the Date of Valuation Under the Equitable Distribution Law of South Carolina, Apr. 2002, p. 69
- Valuation of a Business in the Presence of a Buy-Sell Agreement, Nov. 1994, p. 221
- Valuation of Businesses in Divorce Cases: An Annotated Survey of Methods, Feb. 1998, p. 21; Mar. 1998, p. 50
- Valuation of a Remainder Interest in a Trust, Dec. 2001, p. 247
- The Weight of Documentary Evidence in Determining the Value of Marital Property, Jan. 2005, p. 1
Workers' Compensation Benefits
- Analytic approach, Feb. 1995, p. 48
- Classification, Mar. 1992, p. 63
- Classification, Apr. 1997, p. 83
- Workers' compensation claim, EDA, Oct. 1991, p. 42
SEPARATION AGREEMENTS
Alimony
- Termination upon cohabitation, Jan. 1991, p. 19
- Termination upon remarriage, Mar. 1991, p. 11
Arbitration clause, validity, July 1993, p. 148
Attorney malpractice, Mar. 1993, p. 62
Avoiding Attorney Malpractice in Drafting Separation Agreements, Mar. 1992, p. 57
Breach, debt discharged in bankruptcy, July 1991, p. 48
Child support, child not born to father, June 2001, p. 118
College Tuition
- Choice of college, Dec. 1994, p. 263
- Construction and Enforcement of College Tuition Provisions in Separation Agreements, Feb. 1999, p. 21
Contract Law 101: Basic Principles of Law for Construing Separation Agreements, Mar. 1999, p. 45
Death of party, Nov. 1991, p. 95
Death of payee, June 2001, p. 117
Definition of income, lump-sum workers' compensation, Jan. 2001, p. 16
Disclosure of assets, attorney spouse, July 1993, p. 147
Does Virginia's Version of the Uniform Premarital Agreements Act Apply to Separation Agreements?, Nov. 1997, p. 213
Enforcement of No-Molestation Clauses in Separation Agreements, Mar. 1992, p. 55
Foreign service retirement benefits, express waiver, June 2001, p. 119
Military retainer pay, Apr. 1991, p. 9
A Mini-Encyclopedia of Ambiguous Separation Agreement Provisions and Their Construction by the Courts, Mar. 1992, p. 51
Modification, constitutionality, Jan. 1993, p. 19
Oral Agreements
- Enforceability, June 1991, p. 34
- Validity, Jan. 1991, p. 11
Postnuptial agreement, confidentiality clause, public policy, Feb. 1993, p. 39
The Power of State Courts to Enforce Separation Agreements Which Divide Veteran's Disability Benefits, Mar. 1996, p. 49
The Pro Se Litigant and Settlement Agreements, May 1998, p. 92
Promise to provide documents, July 1992, p. 150
Recent Case Law on Construction of Separation Agreements, Feb. 1992, p. 25
Recent Case Law on Modification and Enforcement of Separation Agreements, Mar. 1992, p. 45
Reconciliation, Feb. 1991, p. 12
Reconciliation as a Defense to the Validity of Separation Agreements, Oct. 2003, p. 180
Religious training, written agreement, Aug. 1993, p. 166
Specific performance, promise to consent to religious divorce, May 1993, p. 124
To Get a Get: Enforcement of Contracts Requiring Spouses to Secure or Accept Religious Divorces, Feb. 1994, p. 27
Validity
- Attacking and Defending Separation Agreements: Recent Case Law, Sept. 1991, p. 61; Oct. 1991, p. 73
- Attacking and Defending Separation Agreements: A 1995 Update, Nov. 1995, p. 225; Dec. 1995, p. 245
- Attorney as scrivener, Apr. 2001, p. 70
- Duress, Jan. 1991, p. 11
- Duress by mediator, Aug. 2001, p. 154
- Duress, ratification, Dec. 2002, p. 230
- Incorporated agreement, fraud, Apr. 2002, p. 75
- Lack of court approval, time to attack, Dec. 2001, p. 249
- Unconscionability, Jan. 2001, p. 16
Waivers of Survivor Benefits in Separation Agreements: How Effective Are They?, Aug. 2001, p. 141
SPOUSAL SUPPORT
See ALIMONY.
STEPPARENTS
The Authority of a Stepparent to Discipline a Stepchild, July 1999, p. 146
The Rights, Duties, and Responsibilities of Stepparents to Their Stepchildren, Sept. 1996, p. 165
Stepparent's Right to Request Custody or Visitation: Standing, Oct. 1996, p. 194
TAXATION
2001 Tax Developments, Dec. 2001, p. 237
2001 Tax Law Update, July 2001, p. 133
Allocation, June 1991, p. 45; Sept. 1991, p. 70
A Brief Note on Tax Consequences as a Factor in Determining Alimony, Sept. 2003, p. 168
Classification of Debts for Unpaid Income Taxes, Sept. 2003, p. 157
Consideration of Tax Consequences of Divorce as a Factor in Equitable Distribution, Apr. 1993, p. 65
Individual Liability on Income Tax Debts Incurred by an Ex-Spouse, Apr. 1993, p. 80
A Potpourri of Seldom-Discussed Tax Issues in Divorce, Oct. 2003, p. 173
Recent Tax Law Changes and Their Impact on Divorce Practitioners, Apr. 1998, p. 57
A Summary of New Tax Law Changes for the Family Law Practitioner, Sept. 2003, p. 165
What Constitutes Alimony or Separate Maintenance Payments for Federal Income Tax Purposes, Apr. 1993, p. 74
TORTS
Abuse and neglect, federal jurisdiction, June 1991, p. 34
Actions Against a Third Party for Torts Against the Marriage Relation, Sept. 1995, p. 181
Adoption, failure to reveal mental illness, Sept. 1995, p. 203
Alienation of Affections
- Amatory Torts and Heart Balm Statutes: A State-by-State Survey, Dec. 2003, p. 219
- Concealment of child, May 1991, p. 22
- Sufficiency of evidence, June 1993, p. 124
- The Well-Deserved Erosion of the Tort of Alienation of Affections and the Potential Liability of Nonresident Defendants, Dec. 2003, p. 204
Breach of Fiduciary Duty: Applying the Theory in Equitable Distribution States, Aug. 2003, p. 153
Child abduction, third-party liability, Nov. 1993, p. 228
Civil Conspiracy and Civil RICO in Divorce Actions, Nov. 2000, p. 223
Claims and Remedies for Violation of Fiduciary Duty, Jan. 2003, p. 1
Conspiracy to defraud right to alimony, federal jurisdiction, Sept. 1993, p. 186
Criminal Conversation
- Validity as a cause of action, June 1993, p. 126
- Validity of cause of action, May 1994, p. 106
Defamation, allegation of adultery in divorce pleading, Dec. 2001, p. 250
Fraud
- Breach of promise of love and affection, May 1994, p. 106
- Common-Law Fraud as a Remedy for Asset-Related Misconduct, Oct. 1995, p. 205
- Concealment of assets, Apr. 2001, p. 70
- Nondisclosure of investments, Aug. 2001, p. 154
- Property division, tort damages, Jan. 2001, p. 13
Intentional Infliction of Emotional Distress
- Divorce proceedings, June 1991, p. 33
- Raised in divorce action, June 2001, p. 118
- Sexual relations with clergy, June 1997, p. 123
Intentional interference with contractual relationship, heart balm statute, Dec. 2001, p. 251
The Interspousal Tort Suit: A New Avenue of Recovery for Marital Misconduct, Oct. 1995, p. 213
Interspousal Torts: Joinder of Tort Claims with Divorce Actions, Oct. 1993, p. 197
The Liability of Reproductive Laboratories for Mistakenly Provided Genetic Material, July 2001, p. 134
Marriage, broken engagement, unjust enrichment, Mar. 1995, p. 72
Punitive damages, May 1992, p. 107
Representing the Abused Spouse in Domestic Violence Cases, Apr. 1992, p. 65
Spousal wiretapping, civil liability, Feb. 1992, p. 42
Telling the Truth in Adoption Proceedings: Tort Actions for Wrongful Adoption, Jan. 1998, p. 11
Torts Arising out of Interference with Custody and Visitation, Sept. 1995, p. 192
VISITATION
Activities of child, Mar. 1991, p. 12
The Effect of Incarceration on a Divorced Parent's Rights and Obligations, Apr. 1994, p. 65
Elderly parent, July 1997, p. 143
Father's girlfriend, remarriage, June 2001, p. 117
First Amendment, attendance at religious services, July 1993, p. 148
Gay and Lesbian Persons
- Lesbian partner, Mar. 1999, p. 62
- Visitation Rights of Former Gay Cohabitants: A Proposed Analytic Framework, July 1999, p. 140
Grandparent Visitation
- The Aftermath of Troxel v. Granville, Oct. 2000, p. 210
- Best interests of child, Dec. 2001, p. 250
- Constitutionality, Jan. 2001, p. 13; Sept. 2001, p. 182
- Denial of child abuse, Feb. 1993, p. 39
- Fourteenth Amendment rights, July 1993, p. 147
- Grandparent Visitation: A 1995 Update, May 1995, p. 111
- Grandparent Visitation Rights: Challenges and Solutions, Dec. 1992, p. 248
- In the United States Supreme Court, Oct. 1999, p. 206
- Intact family, Mar. 1997, p. 62
- The Law of Grandparent Visitation After Troxel, June 2001, p. 109
- The Status of Grandparent Visitation Statutes, Post-Troxel, Nov. 2003, p. 198
- Taking child to church, Mar. 1993, p. 62
- Troxel v. Granville: The Supreme Court Wades into the Quagmire of Third-Party Visitation, June 2000, p. 101
- What Is a Family? Implication of New Trends in Grandparent Visitation Law, June 2000, p. 109
Holiday schedule, religious training, Apr. 1995, p. 96
Incarcerated parent, hearing, Aug. 1996, p. 163
Neutral Drop-Off and Pick-Up of Children: Help in Assuring Children's Access to Both Parents, Jan. 1999, p. 17
Noncustodial parent, restraint on religious teachings, Dec. 1997, p. 238
Out-of-wedlock child, May 1995, p. 116
The Relevance of Adultery and Extra-Marital Sexual Conduct in Custody and Visitation Cases, Sept. 1997, p. 165
Religious training, Aug. 1993, p. 166
The Right of Adult Children to Visit Their Elderly Parents, Feb. 1997, p. 37
Rights of stepparent, Feb. 1992, p. 42
Sibling Visitation Rights, May 1997, p. 85
Siblings, July 1997, p. 144
Standing, cousin of child, Sept. 1995, p. 202
Stepparents
- Best interests test, Dec. 2001, p. 249
- Generally, Feb. 1991, p. 12; Mar. 1991, p. 11
- The Rights, Duties, and Responsibilities of Stepparents to Their Stepchildren: Custody and Visitation, Oct. 1996, p. 185
- Stepparent's Right to Request Custody or Visitation: Standing, Oct. 1996, p. 194
Technology Hits Home: Internet Visitation, Aug. 2001, p. 144
Telephone and e-mail contact, Aug. 1999, p. 170
Third parties, Jan. 1991, p. 11; Mar. 1991, p. 11
Third persons, same-sex partner, June 1997, p. 123
Torts Arising out of Interference with Custody and Visitation, Sept. 1995, p. 192
Transportation in father's private airplane, Dec. 2001, p. 250
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