Articles
Mischaracterization of Divorce Payments as Alimony
Most divorces involve a division of property between the spouses. If there are children from the marriage, the parent not granted custody usually must pay monthly child support. In addition, one of the spouses may be granted monthly alimony or spousal support. The...
Severing the Parental Rights of Inmates and the Constitutionality of Restricting Visitation
According to the Child Welfare League of America, an estimated 200,000 children have a mother in prison, and at least 1.6 million children have a father in prison. As such, many children have been forced to enter the foster care system, and there has been a...
Relief from Community Property Tax Laws
Under the laws of some states (i.e., “community property” states), property acquired and income earned during marriage may be “community” property. This generally means that such income may be considered income earned equally. When couples in such states prepare and...
Personal Injury Awards: Ownership Rights and Division Between Spouses
Upon termination of a marriage by divorce, one of the most difficult problems is often division of the couple’s real and personal property. Although there are considerable differences in the way states treat property acquired by spouses while married, there are two...
Whether Children Conceived After the Death of a Parent Are Entitled to Benefits
Several states refer to children who are born or adopted after the execution of a parent’s will and omitted from the provisions of the testamentary instrument as “omitted” or “pretermitted” children. In the interest of fairness, states that recognize the inheritance...
U.S. Supreme Court Upholds Restrictions on Children Visiting Incarcerated Parents
According to the Child Welfare League of America, an estimated 200,000 children have a mother in prison, and at least 1.6 million children have a father in prison. As such, many children have been forced to enter the foster care system, and there has been a...
Family Law in the News
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