Family Law

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Overview

Family law generally concerns domestic relations and family-related matters such as marriage, civil unions, domestic partnerships, adoptions, paternity, guardianships, domestic abuse, surrogacy, child custody, child abduction, the dissolution of marriage and associated issues. According to U.S. Census data the make-up of the American family has been changing. For instance, the 2000 Census revealed that less than a quarter of American families are married couples with minor children compared with 45% of such households in 1960.

A large percentage of marriages end in separation or divorce. When a couple decides to terminate their marriage, one of the parties will petition the court for a divorce. Besides seeking a legal termination of the relationship, the couple will also ask the court to divide the marital assets, grant child custody to one or both parents, and impose child and spousal support obligations, if applicable.

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  • Rule - State Parent Locator Service; Safeguarding Child Support Information

    Child Support Enforcement Office
    Rule
    State Parent Locator Service; Safeguarding Child Support Information
    ,
    11879-11880 [E9-6165]
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Office of Child Support Enforcement 45 CFR Parts 302, 303 and 307 RIN 0970-AC01 State Parent Locator Service; Safeguarding Child Support Information AGENCY: Office of Child Support Enforcement (OCSE), Administration for Children and Families (ACF), Department of Health and Human Services. ACTION: Delay of effective date. SUMMARY: In accordance with the memorandum of January 20, 2009, from the Assistant to the... [read document]
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  • Rule - State Parent Locator Service; Safeguarding Child Support Information

    Child Support Enforcement Office
    Rule
    State Parent Locator Service; Safeguarding Child Support Information,
    56422-56446 [E8-22054]
    Part V Department of Health and Human Services Administration for Children and Families Office of Child Support Enforcement 45 CFR Parts 302, 303 and 307 State Parent Locator Service; Safeguarding Child Support Information; Final Rule DEPARTMENT OF HEALTH AND HUMAN SERVICES Administration for Children and Families Office of Child Support Enforcement 45 CFR Parts 302, 303 and 307 RIN 0970-AC01 State Parent Locator Service; Safeguarding Child Support Information AGENCY: Office of Child Support... [read document]
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  • Proposed Rule - Computerized Tribal IV-D Systems and Office Automation

    Child Support Enforcement Office
    Proposed Rule
    Computerized Tribal IV-D Systems and Office Automation,
    33048-33064 [E8-13042]
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of Child Support Enforcement 45 CFR Parts 309 and 310 RIN 0970-AC32 Computerized Tribal IV-D Systems and Office Automation AGENCY: Office of Child Support Enforcement (OCSE), Administration for Children and Families, Department of Health and Human Services (HHS). ACTION: Notice of proposed rule making (NPRM). SUMMARY: This proposed rule would enable Tribes and Tribal organizations currently operating a comprehensive Tribal Child Support Enforcement... [read document]
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  • Proposed Rule - Tribal Child Support Enforcement Program

    Child Support Enforcement Office
    Proposed Rule
    Tribal Child Support Enforcement Program,
    32668-32669 [E8-13073]
    DEPARTMENT OF HEALTH AND HUMAN SERVICES Office of Child Support Enforcement 45 CFR Parts 309 and 310 Tribal Child Support Enforcement Program AGENCY: Office of Child Support Enforcement, Administration for Children and Families, Department of Health and Human Services. ACTION: Notice of open consultation. SUMMARY: Notice is hereby given for the dates and locations for one informational meeting and three Tribal consultations on the Computerized Tribal IV-D Systems and Office Automation Notice of... [read document]
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    • Collaborative Divorce Institute of Tampa Bay Unveils New Website

      The Collaborative Divorce Institute of Tampa Bay ("CDITB") recently unveiled its brand new website to promote the dynamic and growing practice of collaborative law. The new website address is http://CollaborativeDivorceTampaBay.com. Collaborative Divorce Institute of Tampa Bay Unveils New Website As a member of the CDITB Website Steering Committee, I am proud of the work we accomplished in bringing the website public. You can find articles and videos exploring various topics in collaborative family law practice. You can review answers to frequently asked questions (FAQs) about collaborative divorce. And now you can find collaboratively trained communication coaches/mental health professionals, financial professionals, and attorneys in your area by simply entering your zip code into our Collaborative Professional Directory. Attorney Adam B. Cordover has completed advanced training in interdisciplinary collaborative law and is a member of the International Academy of Collaborative Professionals and the CDITB. To learn more about collaborative law, call The Law Firm of Adam B. Cordover at (813) 443-0615 or fill out our contact form. Share this: Facebook Email Print Digg Reddit StumbleUpon Twitter Like this: Be the first to like this post.
    • CSA charging plan stumbles

      Plans to charge single parents to access the Child Support Agency (CSA) - or the Child Maintenance and Enforcement Commission (CMEC) as it should now be known - are causing quite a stir. In late January, the House of Lords voted in support of an amendment to the controversial Welfare Reform Bill. It would stop parents who are simply unable to come to a private arrangement for child maintenance with their childs other parent from having to pay the charges - an upfront application fee of between £50 and £100, as well as an ongoing collection charge of up to 12 per cent taken out of the maintenance paid, and an extra charge of up to 20 per cent added on to the amount paid by the parent who is not main carer. The issue then went back to the House of Commons last week with Ian Duncan-Smith, who is behind the plans, pledging to defeat the amendments. And he succeeded. So works democracy. The Government says the proposed charging will encourage more parents to make private arrangements for child maintenance rather than simply relying on the agency to sort out the payments, at a cost to taxpayers. In the last quarter ending December 2011, 78.0% of all cases in which maintenance was due had either received maintenance via the CSA collection service, or had a maintenance direct arrangement in place. The Child Support Act 1991 came into force in April 1993 and effectively removed recovery of child maintenance from the courts (except in limited circumstances) to the exclusive jurisdiction of the CSA. In November 2008, CMEC took over responsibility for the child maintenance system from the CSA. It was intended that all cases should have been transferred to CMEC by the end of 2011 and CMEC will become fully operational from 2013-2014. CMEC aims to improve the collection of child support and simplify the assessment procedures. One example is that parents can choose to opt out of the CSA by reaching agreement between themselves. However, such agreement is not legally binding. Also it is no longer compulsory for the parent on benefits to apply to the CSA. The truth remains that the system is difficult to follow and police. Our advice for any couple would be to reach a child maintenance arrangement between themselves and have an experienced family lawyer draw up an agreement that sets down what is expected from each party. This would mean they could steer clear of the confusion that surrounds the system and leave them untouched by these plans to charge. Of course, a solicitor will charge a fee to draw up the relevant documents but it would seem to be money well spent to get the issue settled. Andrew Woolley Family solicitor
    • Davidson: "Mothers Baby, Fathers Maybe!--Intestate Succession: ...

      Camille Davidson (Charlotte School of Law) has posted "Mothers Baby, Fathers Maybe!--Intestate Succession: When Should a Child Born Out of Wedlock Have a Right to Inherit from or Through His or Her Biological Father?" (22 Columbia J. Gender & Law...
    • $40k for Kindergarten

      From the New York Times: THERE are certain mathematical realities associated with New York City private schools: There are more students than seats at the top-tier schools, at least three sets of twins will be vying head to head for...
    • 9th Circuit Rules 2008 Proposition against Gay Marriage Unconsitutional

      Today the Ninth Circuit Court of Appeals upheld the August 2010 District Court decision that ruled Proposition 8 in California is unconstitutional. Prop. 8 is the 2008 measure that stripped same-sex couples of the right to marry in California. While this is great for people within the 9th circuit, those of us including those living in Florida who are not within the jurisdiction of the court must rely on potentially differing interpretations of laws within our states. The Court also rejected Prop 8 supporters argument that Judge Vaughn Walker (who presided over the District Court proceedings) should have recused himself from the case because he is gay and in a same-sex relationship. The court ruled that Proposition 8 violates the 14th amendment of the United States Constitution because it "serves no purpose, and has no effect, other than to lessen the status and human dignity of gays and lesbians in California, and to officially reclassify their relationships and families as inferior to those of opposite-sex couples." Opponents of same-sex marriage remain vigilant in their fight. However, a recent CNN-Opinion Research Corporation poll taken in September 2011 found that public opinion has shifted nationwide since 2009. The poll reports that 53% of people believe that same-sex marriages should be recognized as valid and 46% are still opposed. The ruling today is significant and is the biggest step that the American judicial system has taken to end the discrimination against men and women in same-sex relationships.