Family Law - Spring 2002

Family Law - Spring 2002 - www.swapnotes.com FAMILY LAW...

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FAMILY LAW OUTLINE I. INTRO: WADLINGTON & O’BRIEN, DOMESTIC RELATIONS (1) A. DEFINING “FAMILY” (1) B. DEFINING “MARRIAGE” (1) C. THE STATES ROLE IN PRESERVING MARRIAGE (2) D. GROUNDS FOR DIVORCE IN NEW YORK (4) II. EQUITABLE DISTRIBUTION; MARITAL v SEPARATE PROPERTY; VALUATION; MAINTENANCE (4) A. EQUITABLE DISTRIBUTION (4) 1. DOMESTIC RELATIONS LAW § 236 (4) 2. MARRIAGE AS AN ECONOMIC PARTNERSHIP (6) 3. THE HARTOG SERIES: CHARECTERIZATION OF ASSETS, TRANSMUTATION, ROLE OF FAULT IN NY, ACTIVE v PASSIVE PARTICIPATION (7) B. LICENSES & CAREERS: ENHANCED EARNING CAPACITY & VALUATION (9) C. VALUATION & AVOIDING DUPLICATIVE AWARDS (11) D. MAINTENANCE (14) III. CUSTODY OF CHILDREN (15) A. GENERALLY (15) B. PRESUMPTIONS (16) C. CASES: CHANGING CUSTODY (17) D. LAW GUARDIANS (KEN BURROWS) (18) IV. RELOCATION (19) A. PRE-TROPEA’S “BEST INTERESTS” ANALYSIS (19) B. TROPEA’S “BEST INTERESTS” ANALYSIS (21) 1. TROPEA (21) 2. CASES USING TROPEA’S “BEST INTERESTS” ANALYSIS (21) 3. COUNSELING YOUR CLIENT POST-TROPEA (22) C. GUIDING JUDGES: RULES, STANDARDS, & FACTORS (22) V. NON-PARENTAL PETITIONS FOR VISITATION RIGHTS: TROXEL AND ITS PROGENY (23) VI. MARITAL AGREEMENTS (24) A. GENERALLY (24) B. SEPARATION AGREEMENTS (25) C. PRENUPTUAL AGREEMENTS (26) 1. FORMALITIES (27) 2. CONTESTING A PRENUPTIAL: STANDARD & EVIDENTIARY BURDEN OF PROOF (28) VII. CHILD SUPPORT (28) A. INITIATION OF STATE GUIDELINES BY FEDERAL GOVERNMENT (28) B. CHILD SUPPORT STANDARDS ACT (CSSA) § 240 1-B (29) C. OBLIGATION TO ARTICULATE (30) D. SHARED CUSTODY (31) E. MODIFICATION & CHANGES IN CIRCUMSTANCES (31) F. NEEDS OF CHILD (32) G. SEPARATION AGREEMENTS: INCLUDING THE CSSA CALCULATION (32) www.swapnotes.com
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1 I. INTRO: WADLINGTON & O’BRIEN, DOMESTIC RELATIONS A. DEFINING “FAMILY” Family will be defined differently for different purposes and in different contexts—depending on the legislative intent. Sometimes in a functional way, sometimes in ways requiring blood, marriage, etc. Interestingly, none of the statutes come right out and say “sex.” Zoning Ordinances . City of Ladue v Horn 720 SW2d 745 (Missouri Ct App) (p.1). Unmarried couple with children chased out of town based on zoning ordinance requiring “one-family residential.” Statute defines family as “One or more persons related by blood, marriage or adoption, occupying a dwelling unit as an individual housekeeping organization.” A man and woman living together, sharing pleasures and certain responsibilities, do not per se constitute a "family" in a conceptual sense; to approximate a family relationship, there must exist a commitment to permanent relationship and perceived reciprocal obligation to support and care for each other; only when those characteristics are present can a conceptual family, perhaps, equate with a traditional family. Marriage is a sub category of the things that qualify family.
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Family Law - Spring 2002 - www.swapnotes.com FAMILY LAW...

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