Volume 40, No. 4 (Winter 2007) — Table of Contents
American Bar Association Section of Family Law
Adopted in May 2006, these standards address the responsibility of family lawyers to be civil to clients, opposing counsel, and the court.
A Review of the Year in Family Law: ERISA, Jurisdiction, and Third-Party Cases Multiply
Linda D. Elrod & Robert G. Spector
This year federal and state courts heard a large volume of cases involving the Employee Retirement Income Security Act (ERISA). The intricacies of federal pension law require lawyers to be more knowledgeable than simply being able to draft a Qualified Domestic Relations Order. In 2005, census data reveals that for the first time nonmarital households outnumber marital households. Instead of using the traditional divorce codes to divide property and determine residential arrangements for chldren, family lawyers may have to prove a relationship that will support some type of property division or convince a judge to define a "parent" beyond just biological or legal parentage. Courts also balanced parental rights with grandparents, former spouses, cohabitants, and same-sex partners, who alleged de facto parenthood and entitlement to seek visitation with children. In addition, many cases involved jurisdictional conflicts between states and countries.
Charts, 40 Fam. L.Q. 591 (2007)
- Chart 1—Alimony/Spousal Support Factors
- Chart 2—Custody Criteria
- Chart 3—Child Support Guidelines
- Chart 4—Grounds for Divorce and Residency Requirements
- Chart 5—Property Division
- Chart 6—Third-Party Visitation
- Chart 7—Appointment Laws in Adoption, Guardianship, Unmarried Parent, and Divorce Cases
For details, see Charts: Summarizing the Laws in the 50 States
Family Law in the Fifty States 2005-2006: Case Digests
This year's summary of family law cases covers approximately the period of August 1, 2005, through July 31, 2006. The case digests are presented in a topical outline framework and alphabetized by state within each topic heading. The summary does not include every case from every jurisdiction but highlights some of the more important ones. The digests are a result of reports submitted in each state by reporters and supplemented by Washburn Law School student staff.
Annual Survey of Periodical Literature
Nancy Ver Steegh
The Annual Survey of Periodical Literature covers the period from approximately October 2005 through September 2006. The survey is not comprehensive in nature nor is it intended to promote any particular point of view. Rather, the author aim to highlight the variety and depth of family law scholarship produced during the year and underscore currently debated "hot topics."
Executive Compensation Update
Faith D. Dornbrand
This article highlights changes the SEC made in December 2006 to executive and director compensation disclosure rules adopted earlier in the year and updates a previous article, Executive Compensation: A Divorce Lawyer's Guide to Certain SEC and IRS Mandated Disclosure, 40 Fam. L.Q. 467 (Fall 2006). The updated Interim Final Rules were effective as of December 29, 2006, the date of their publication in the Federal Register.
Index to Volume 40