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Full-Text Articles in Law
Collecting Child Support: A History Of Federal And State Initiatives, Jane C. Murphy, Naomi R. Cahn
Collecting Child Support: A History Of Federal And State Initiatives, Jane C. Murphy, Naomi R. Cahn
All Faculty Scholarship
In this article we sketch an overview of the increasing federal involvement in the child-support area. Because the federal role has grown so dramatically over the past 25 years, family law practitioners need to understand the different federal programs and requirements that affect state management of child-support programs. While for many low-income parents state agencies handle child-support establishment and collection, the federalization of child support has practical implications when it comes to both establishing and enforcing child support. For example, as the time limits of the Personal Responsibility and Work Opportunity Reconciliation Act begin to have their effects, child support …
When Daddy Wants Out: The Issue Of Paternity, Jane C. Murphy, Cheri Wyron Levin
When Daddy Wants Out: The Issue Of Paternity, Jane C. Murphy, Cheri Wyron Levin
All Faculty Scholarship
Perhaps you've seen the signs along a number of major highways in Maryland. A pregnant Mona Lisa advertising a DNA testing company with the caption "Who's the Daddy?" With the rise in the number of children born out of wedlock in Maryland in the last several decades, paternity testing is becoming routine and family law practitioners are handling more cases in which the father or mother or both are trying to change who is named as the legal father in a paternity or divorce judgment. The law governing such cases has changed substantially since 1995. This article will guide the …
Interstate Establishment, Enforcement, And Modification Of Child Support Orders, Patricia W. Moore
Interstate Establishment, Enforcement, And Modification Of Child Support Orders, Patricia W. Moore
Faculty Articles
Intended to improve the collection of child support across state lines, the Uniform Interstate Family Support Act has now been in effect in all fifty states for approximately three years. This Article examines the history and operation of this statute and its companion federal statute, the Full Faith and Credit For Child Support Orders Act. Following UIFSA's structure, the Article details the provisions governing the establishment, enforcement, and modification of child support orders in the interstate context and explains which federally-promulgated forms to use in each situation. Analyzing the abundant case law already decided under these statutes, the article concludes …
When Fathers' Rights Are Mothers' Duties: The Failure Of Equal Protection In Miller V. Albright, Kristin Collins
When Fathers' Rights Are Mothers' Duties: The Failure Of Equal Protection In Miller V. Albright, Kristin Collins
Faculty Scholarship
The history of coverture and the transmission of American citizenship brings an elementary point into focus: The allocation of parental rights is always correlated with the allocation of parental responsibility. This basic legal truism, and its numerous implications for citizenship law, suggests that the principal gender injustice caused by § 1409 is not its truncation of fathers' rights, but its creation and perpetuation of a legal regime in which mothers assume full responsibility for foreign-born nonmarital children. Once we recognize this gendered operation of § 1409, broader failures of equal protection analysis come into relief. First, while the jurisprudential understanding …
Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken
Evidence Issues In Domestic Violence Civil Cases, Jane C. Murphy, Jane H. Aiken
All Faculty Scholarship
New laws and policies aimed at protecting victims of domestic violence have been adopted across the country over the last twenty years.The legal approaches taken to protect battered women and control family violence have resulted in significant changes in family law. New laws include statutes permitting civil protection or restraining orders, and laws requiring that domestic violence be considered in custody and/or visitation decisions. Both of these types of statutory reforms can provide protection to adult victims of domestic violence and their children. Evaluating a parent's fitness by considering past acts of violence to other family members results in decisions …