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Articles 1 - 30 of 73
Full-Text Articles in Law
The Irrationality Of Child Support Enforcement In The United States: Harming Children And Punishing The Poor, Hannah Pitcher
The Irrationality Of Child Support Enforcement In The United States: Harming Children And Punishing The Poor, Hannah Pitcher
Indiana Journal of Law and Social Equality
No abstract provided.
A Game Theory View Of Family Law: Planning For A 500% Family Tax, Steven J. Willis
A Game Theory View Of Family Law: Planning For A 500% Family Tax, Steven J. Willis
FIU Law Review
Divorces involve money, which can prompt fierce legal battles. These include family obligations for child support, alimony, and property division. Small income changes can have huge consequences. For example, a $1,000 income increase can result in $5,000 of increased family obligations. A $10,000 increase can produce $50,000 of obligations. Or a $10,000 decrease can result in $50,000 of reduced obligations.
Debt Governance, Wealth Management, And The Uneven Burdens Of Child Support, Allison Tait
Debt Governance, Wealth Management, And The Uneven Burdens Of Child Support, Allison Tait
Northwestern University Law Review
Child support is a ubiquitous kind of debt, common to all income and wealth levels, with data showing that approximately 30% of the U.S. adult population has either been subject to paying child support or has received it. Across this field of child support debt, however, unpaid obligations look different for everyone, and in particular the experiences around child support debt diverge radically for low-income populations and high-wealth ones. On the low-income end of the spectrum, child support debt is a sophisticated and adaptive governance technology that disciplines and penalizes those living in or near poverty. Being in child support …
Absent Fathers And Child Maintenance Rights In The Copperbelt Province Of Zambia: The Dilemma Of A Postcolonial Bemba Matrilineal Practice, Mutale Mulenga-Kaunda
Absent Fathers And Child Maintenance Rights In The Copperbelt Province Of Zambia: The Dilemma Of A Postcolonial Bemba Matrilineal Practice, Mutale Mulenga-Kaunda
Zambia Social Science Journal
Being matrilineal and matrilocal, the Bemba people believe that “children belong to the mother”. This cultural belief and practice is so resilient that even in the event of divorce men have lost paternity rights to their children. Colonisation shifted Bemba women’s status as men were forced to migrate to work in the mines on the Copperbelt, leaving women to raise children as single mothers often without support from their absent husbands. Yet, even though Bemba people believe that children belong to the mother, the responsibility of raising children was traditionally shared with the father of the child. In postcolonial Zambia, …
Child Support And Joint Physical Custody, Raymond C. O'Brien
Child Support And Joint Physical Custody, Raymond C. O'Brien
Catholic University Law Review
Child custody has evolved to the point where, at a minimum, states provide a mediated process by which parents may formulate parenting plans with court-appointed assistance. At a maximum state legislatures and courts increasingly consider joint physical custody awards. While joint physical custody safeguards the fundamental rights of parents, it nonetheless prompts practical concerns in awarding child support. Today, child support begins with state statutory guidelines, but the guidelines often fail to adequately address the economic consequences of two complete residences, one supported by a parent with fewer economic resources, and the fact that oftentimes the child drifts from one …
Fisco V. Department Of Human Services: The Inequity Of Equitable Defenses In Child Support Arrearage Cases, Rebecca C. Raskin
Fisco V. Department Of Human Services: The Inequity Of Equitable Defenses In Child Support Arrearage Cases, Rebecca C. Raskin
Maine Law Review
On August 8, 1995, using a federal law targeting the most egregious deadbeat fathers, FBI agents arrested Jeffrey Nichols for failing to pay approximately $580,000 in child support. Although the law is fairly new, the problem of child support enforcement has troubled this country for decades. In the early 1970s, child support enforcement was so inadequate that the federal government spent $7.6 billion annually on welfare to provide for single parents. The government has tried to remedy the problem, but seventy-five percent of custodial mothers in this country continue either to lack child support orders or to receive less than …
The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney
The “Legal Stranger” And Parent: A Love Story?, Kellie Mahoney
Touro Law Review
No abstract provided.
Reforming The Processes For Challenging Voluntary Acknowledgments Of Paternity, Jeffrey A. Parness, David A. Saxe
Reforming The Processes For Challenging Voluntary Acknowledgments Of Paternity, Jeffrey A. Parness, David A. Saxe
Chicago-Kent Law Review
Voluntary acknowledgements of paternity (VAPs) significantly determine male legal parentage at birth for many children born of sex to unwed mothers in the United States. VAP processes are chiefly dictated by the federal Social Security Act, which places certain mandates on states participating in federally-subsidized welfare programs. These processes include norms on effective VAP establishments and on VAP disestablishments, either via early rescissions (within sixty days) by signatories or via later contests (after sixty days) by challengers, including signatories. The norms are driven by the Act’s desire to increase reimbursements of state child welfare payments from unwed fathers regardless of …
In The "Best Interests" Of The Disabled: Legislating Morality And The Power To Initiate Support Orders For Disabled Adults In Ohio, Kalynne Proctor
In The "Best Interests" Of The Disabled: Legislating Morality And The Power To Initiate Support Orders For Disabled Adults In Ohio, Kalynne Proctor
Cleveland State Law Review
Today’s reality is that many families have children who are faced with disabling conditions that prevent them from relinquishing their dependency on others. Often, the need for specialized treatment and care does not terminate once a severely disabled child reaches adulthood. While typically parents are relieved of their legal parental obligations to their adult-aged children, this is not the same case for parents with severely disabled children. In some respects, Ohio has recognized the financial difficulties divorced parents face when they are the sole caregivers of disabled adult children. Although Ohio law requires that the noncustodial parent in a divorce …
Prenatal Abandonment: 'Horton Hatches The Egg' In The Supreme Court And Thirty-Four States, Mary M. Beck
Prenatal Abandonment: 'Horton Hatches The Egg' In The Supreme Court And Thirty-Four States, Mary M. Beck
Michigan Journal of Gender & Law
This article addresses an issue critical to forty-one percent of fathers in the United States: prenatal abandonment. Under prenatal abandonment theory, fathers can lose their parental rights to non-marital children if they do not provide prenatal support to the mothers of their children. This is true even if the mothers have not notified the fathers of the pregnancy and if the mothers or fathers are unsure of the fathers’ paternity. While this result may seem counterintuitive, it is necessitated by demographic trends. Prenatal abandonment theory has been structured to protect mothers, fathers, and fetuses in response to a number of …
Recent Development: Sieglein V. Schmidt: Pursuant To § 1-206(B) Of The Estates And Trusts Article, Artificial Insemination Encompasses In Vitro Fertilization Using Donated Sperm; A Court May Use The Goldberger Factors To Determine Voluntary Impoverishment; A Trial Court Can Issue A Permanent Injunction For Harassment Based On § 1-203(A) Of The Family Law Article., Virginia J. Yeoman
University of Baltimore Law Forum
The Court of Appeals of Maryland held that the term “artificial insemination” includes in vitro fertilization using donated sperm, and that a consenting husband is presumed to be the father of the child born as a result of the procedure. Sieglein v. Schmidt, 447 Md. 647, 652, 136 A.3d 751, 754 (2016). The court also held that the circuit court did not abuse its discretion in finding the husband to be voluntarily impoverished or in issuing a permanent injunction based on harassment. Id.
Alimony's Job Lock, Margaret Ryznar
Alimony's Job Lock, Margaret Ryznar
Akron Law Review
In family law, courts often prevent people who owe alimony from changing jobs. If a job change is accompanied by a salary decrease, the court will not necessarily readjust the alimony obligation and instead impute the higher income to the obligor. This Article introduces the term “job lock” to describe this situation, borrowing the term from the health care context, wherein job immobility due to health insurance concerns has received significant scrutiny. This Article draws similar attention to the alimony context, proposing a balancing test to assist courts interested in alleviating job lock under certain circumstances.
The Effect Of The Change In The Age Of Majority On Prior Divorce Decrees Providing For Child Support, Stephen F. Ahern
The Effect Of The Change In The Age Of Majority On Prior Divorce Decrees Providing For Child Support, Stephen F. Ahern
Akron Law Review
The purpose of this article is to consider the effect of the statutory change in the age of majority on the construction and enforcement of support orders entered prior to the effective date of the new statutory age. The goal is to provide the domestic relations practitioner with a shorthand guide as to how these issues have been decided in Ohio and in other states and, finally, to provide an analysis of these decisions.
Parents' Support Obligations To Their Adult Children, Marvin M. Moore
Parents' Support Obligations To Their Adult Children, Marvin M. Moore
Akron Law Review
The average parent is likely to assume that his legal obligations to his children terminate upon the child's attainment of majority. This was, in fact, the common law rule, and it is true in a few states today. However, most jurisdictions, through statute or court decision, have made parents responsible for the maintenance of their physically or mentally incapacitated adult children, and a number of states have authorized courts to order divorced parents to help defray their post-majority childrens' high school and/or college expenses. The purpose of this article is to examine and evaluate the states' support laws insofar as …
"Mama's Baby, Papa's Maybe": Disestablishment Of Paternity, Vanessa S. Browne-Barbour
"Mama's Baby, Papa's Maybe": Disestablishment Of Paternity, Vanessa S. Browne-Barbour
Akron Law Review
Part II of this Article provides a general historical overview of paternity rules. Part III summarizes the laws addressing paternity and its disestablishment in the United States and the European Union. It discusses related cases from the high courts of both jurisdictions, which highlight the broad range of issues, interests, and consequences associated with issues of paternity. Part IV considers the adverse effects of disestablishment of paternity on a child. It recommends nationally mandated genetic testing at birth or soon thereafter. This would eliminate altogether the need for paternity disestablishment procedures, thereby avoiding their harmful effects. Part V acknowledges that …
The Numbers Game: Why California's Child Support Formula Should Be Amended To Avoid Parental Abuse, Karly Schlinkert
The Numbers Game: Why California's Child Support Formula Should Be Amended To Avoid Parental Abuse, Karly Schlinkert
Golden Gate University Law Review
This article examines the H% element of the child support equation (the amount of time the higher earning parent spends with the minor child) and how it affects children and their best interests. Part I focuses on the history of child support in America and how federal legislation has impacted California’s approach to child support. Part II discuses California’s child support formula and how the amount of time spent with a child affects the total amount of financial support owed; this section will focus on what constitutes a child’s best interest. This article advocates for California to adopt a different …
Fighting The Establishment: The Need For Procedural Reform Of Our Paternity Laws, Caroline Rogus
Fighting The Establishment: The Need For Procedural Reform Of Our Paternity Laws, Caroline Rogus
Michigan Journal of Gender & Law
Every state and the District of Columbia use voluntary acknowledgments of paternity. Created pursuant to federal law, the acknowledgment is signed by the purported biological parents and establishes paternity without requiring court involvement. Intended to be a “simple civil process” to establish paternity where the parents are unmarried, the acknowledgment is used by state governments to expedite child support litigation. But federal policy and state laws governing the acknowledgments do not sufficiently protect the interests of those men who have signed acknowledgments and who subsequently discover that they lack genetic ties to the children in question. A signatory who learns …
Two Direct Rights Of Action In Child Support Enforcement, Margaret Ryznar
Two Direct Rights Of Action In Child Support Enforcement, Margaret Ryznar
Catholic University Law Review
No abstract provided.
The Dischargeability In Bankruptcy Of Debts For Alimony And Property Settlements Arising From Divorce, John Francis Murphy
The Dischargeability In Bankruptcy Of Debts For Alimony And Property Settlements Arising From Divorce, John Francis Murphy
Pepperdine Law Review
No abstract provided.
What About The Children: How Children Of Same-Sex Couples Are Left Without State-Run Support, Ann Kathryn Watson
What About The Children: How Children Of Same-Sex Couples Are Left Without State-Run Support, Ann Kathryn Watson
The Scholar: St. Mary's Law Review on Race and Social Justice
States should enact legislation affording same-sex partners the same rights and responsibilities to their children as opposite-sex partners. Although federal law mandates specific duties owed to the child, the language is silent about whether it applies to same-sex partners. Moreover, Congress passed the Defense of Marriage Act (DOMA), which defines marriage as being between a man and a woman. Some states—namely Texas—have passed their own version of DOMA. These states have subsequently denied same-sex partners the same rights granted to opposite-sex partners—such as conservatorship, visitation, and child support. Same-sex partners have used DOMA as a legal strategy to either avoid …
Supporting Children, Balancing Lives, Katharine K. Baker
Supporting Children, Balancing Lives, Katharine K. Baker
Pepperdine Law Review
This paper examines how U.S. child support policy validates traditional divisions of labor and thereby hinders individual attempts to achieve an acceptable work/family balance. It argues that by using the household as the relevant unit of measurement for child support purposes, family law doctrine legitimates the specialization contracts that arise within households. These specialization contracts, used most extensively in wealthy, elite households, undermine attempts to distribute caretaking and provider roles more equally between parents. The article suggest that by dispensing with the household as the relevant unit of measurement and treating all parents individually, each with a responsibility to caretake …
Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden
Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden
University of Richmond Law Review
No abstract provided.
Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer
Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer
Barry Law Review
This article explores life insurance considerations in Florida dissolution of marriage proceedings, reviews current applicable law, and suggests methods of effectively dealing with life insurance in the divorce context.
Undermining Kulko At Home And Abroad, John J. Sampson
Undermining Kulko At Home And Abroad, John J. Sampson
Oklahoma Law Review
No abstract provided.
High-Income Child Support Guidelines: Harmonizing The Need For Limits With The Best Interests Of The Child, Laura Raatjes
High-Income Child Support Guidelines: Harmonizing The Need For Limits With The Best Interests Of The Child, Laura Raatjes
Chicago-Kent Law Review
Providing for the needs of children of separated parents lies at the heart of state child support laws. But what about providing for the special needs of children of high-income obligors and ensuring consistency in a system often marked by unpredictability and high emotions? This Note examines the manifold problems that discretionary high-income child support decisions can cause: inequitable settlement, increased litigation, injured family structures, and inconsistent decisions. This Note also proposes a solution: to set higher thresholds for triggering a high-income analysis and to require high-income parents to contribute to post-secondary educational trusts. Finally, this Note explains that, as …
A Case Of Forced Equity: Obtaining Spousal And Child Support From A Member Of The Armed Forces, Georgetta Beck
A Case Of Forced Equity: Obtaining Spousal And Child Support From A Member Of The Armed Forces, Georgetta Beck
Golden Gate University Law Review
This Comment presents an overview of procedures which the practitioner may employ to obtain spousal and child support from a service member stationed in the United States, identifies problems which may arise in these efforts, and discusses strategies to overcome those obstacles. The first section explains the military procedure for obtaining support and discusses the advantages and disadvantages of that approach. This Comment will focus on Army procedure and regulations; other branches of the Armed Forces have a similar, but not identical, approach to the pervasive problem of nonsupport. The second section discusses problems peculiar to obtaining a support order …
New Hampshire Got It Right: Statutes, Case Law And Related Issues Involving Post- Secondary Education Payments And Divorced Parents, Ryan C. Leonard
New Hampshire Got It Right: Statutes, Case Law And Related Issues Involving Post- Secondary Education Payments And Divorced Parents, Ryan C. Leonard
The University of New Hampshire Law Review
[Excerpt] “Divorced parents in New Hampshire can rest a little easier these days. While there are a myriad of economic reasons why a divorce can become contentious, financing a child’s college education can no longer be included among those reasons. In January 2004, in a rather bold and unconventional move, the New Hampshire legislature overruled years of legal precedent and enacted a new statutory amendment that should alleviate some of the financial pressures divorced parents inevitably face. The amendment, RSA § 458:17(XI-a), is a victory for divorcees across the state because it prohibits superior court judges from issuing orders forcing …
Prohibiting Procreation: A Step In The Right Direction To Protect The Children Of Deadbeat Dads; An Analysis Of The Court Decision In State V. Oakley, Andrea C. Kryszak
Prohibiting Procreation: A Step In The Right Direction To Protect The Children Of Deadbeat Dads; An Analysis Of The Court Decision In State V. Oakley, Andrea C. Kryszak
Journal of Law and Health
This note will entail an in-depth analysis of the Wisconsin Supreme Court's majority opinion and the dissent. This note will also provide support for the majority opinion by evaluating how the court's decision will help protect the children of individuals like Oakley, who intentionally refuse to support them. While some may claim that the probation condition to prohibit Oakley from procreating was a drastic measure, it was the appropriate measure for the court to take. This sentence will serve as a deterrent to Oakley and other fathers who intentionally refuse to support their children. The probation condition will prevent any …
Building A Doll's House: A Feminist Analysis Of Marital Debt Dischargeability In Bankruptcy, Peter C. Alexander
Building A Doll's House: A Feminist Analysis Of Marital Debt Dischargeability In Bankruptcy, Peter C. Alexander
Villanova Law Review
No abstract provided.
Family Law, Elizabeth P. Coughter, Ronald R. Tweel
Family Law, Elizabeth P. Coughter, Ronald R. Tweel
University of Richmond Law Review
No abstract provided.