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Articles 1 - 10 of 10

Full-Text Articles in Law

Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden Nov 2011

Family Law, Ronald R. Tweel, Elizabeth P. Coughter, Jason P. Seiden

University of Richmond Law Review

No abstract provided.


Child Support For Adult Children, Margaret Ryznar Aug 2011

Child Support For Adult Children, Margaret Ryznar

Margaret Ryznar

Although family law requires parents to support their minor children, the question of post-majority support—or child support for adult children—is entirely different. Some states permit this type of child support, while others do not. Those affected by this divergence in approaches include college students, unemployed people, disabled people, and of course, their parents—at a time of financial difficulty for many. The approach of each jurisdiction to this issue rests on whether the family is viewed as a social support system and whether intergenerational obligations exist. To help analyze these questions, this Article uses a comparative approach, considering the relevant law …


Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer Apr 2011

Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer

Faculty Scholarship

No abstract provided.


Use And Disposition Of Life Insurance In Dissolution Of Marriage, Jani Maurer Jan 2011

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.


Questioning Child Support Enforcement For Poor Families, Leslie J. Harris Jan 2011

Questioning Child Support Enforcement For Poor Families, Leslie J. Harris

Leslie J. Harris

American law and culture have always assumed that providing for children economically is a private obligation, ordinarily belonging to the parents. The principal was given real teeth in 1975, when Congress enacted the federal-state child support enforcement program. The legislation's two related goals were to reduce childhood poverty and to reduce the welfare rolls. The goals were linked by the assumption that childhood poverty is largely attributable to the failure of absent parents (overwhelmingly fathers) to pay their fair share of child support, even though they are able to do so. Federal welfare policy originally assumed that custodial mothers would …


Preglimony, Shari Motro Jan 2011

Preglimony, Shari Motro

Law Faculty Publications

Unmarried lovers who conceive are strangers in the eyes of the law. If the woman terminates the pregnancy, the man owes her nothing. If she takes the pregnancy to term, the man's obligation to support her is limited. The law reflects this lovers-as-strangers presumption by making a man's obligation towards a woman with whom he conceives derivative of his paternity-related obligations; his duty is towards his child, not towards the woman in her own right. Thus, a pregnant woman's lost wages and other personal costs are her private problem, and if there is no child at the end of the …


Marriage, Parentage And Child Support, Naomi R. Cahn, June Carbone Jan 2011

Marriage, Parentage And Child Support, Naomi R. Cahn, June Carbone

GW Law Faculty Publications & Other Works

While child support calculations have become a matter of routine, the parental determinations, on which they rest, have not. Marriage once served as a system to channel childrearing into two-parent families. Within this system, the marital presumption discouraged efforts to inquire too closely into circumstances that might rebut a husband’s paternity and the stigma against non marital births and divorce eliminated much of the need for such determinations. Today, forty-one percent of American births are non marital and Americans lead the world in family instability. Yet, no comprehensive system has arisen to replace marriage or the marital presumption. This articles …


Undermining Kulko At Home And Abroad, John J. Sampson Jan 2011

Undermining Kulko At Home And Abroad, John J. Sampson

Oklahoma Law Review

No abstract provided.


Deadbeats, Deadbrokes, And Prisoners, Ann Cammett Jan 2011

Deadbeats, Deadbrokes, And Prisoners, Ann Cammett

Scholarly Works

Historically, child support policy has targeted absent parents with aggressive enforcement measures. Such an approach is based on an economic resource model that is increasingly irrelevant, even counterproductive, for many low-income families. Specifically, modern day mass incarceration has radically skewed the paradigm on which the child support system is based, removing millions of parents from the formal economy entirely, diminishing their income opportunities after release, and rendering them ineffective economic actors. Such a flawed policy approach creates unintended consequences for the children of these parents by compromising a core non-monetary goal of child support system – parent-child engagement – as …


Child Support Guidelines: The Good, The Bad, And The Ugly, Margaret F. Brinig, Douglas W. Allen Jan 2011

Child Support Guidelines: The Good, The Bad, And The Ugly, Margaret F. Brinig, Douglas W. Allen

Journal Articles

Child support guideline systems do more than simply determine the amount of income to be transferred from the noncustodial to the custodial household. They create incentives, one way or another, for spouses to divorce and seek custody and support payments. We examine three cases found in North America, and find that the common method of income shares provides a decent guideline that does not create any perverse incentives for divorce. Percentage-of-obligor-income methods do worse than other systems, and can cause increases in divorce rates for families in which one spouse earns a high income. Finally, the Canadian system, which is …