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HTMLCalifornia Family Rights Act Interference Claims Proceed
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
Legal Alert/Article
August 1, 2014, previously published on July 30, 2014
Moore v. Century Gaming Management, Inc., No. B249978 (June 4, 2014): The California Court of Appeal recently ruled in an employee’s favor in a suit in which she claimed that her employer interfered with her rights under the California Family Rights Act (CFRA). According to the court,...


HTMLSuperior Court Further Refines Standing in Child Custody Cases
Michael E. Bertin; Obermayer Rebmann Maxwell & Hippel LLP;
Legal Alert/Article
July 25, 2014, previously published on July 8, 2014
Under Pennsylvania's child custody statute, 23 Pa.C.S., there are two sections that pertain to standing in order for individuals to bring an action for child custody. Section 5324 provides three categories of individuals who may bring an action for any form of physical or legal custody. The three...


HTMLTemporary Orders During Divorce Process can Protect Both Spouses
Sam M. (Trey) Yates; Law Office of Sam M. (Trey) Yates, III, P.C.;
Legal Alert/Article
July 17, 2014, previously published by Examiner.com on Summer 2014
For many individuals facing divorce, a common concern is the disruption of financial security during the divorce process.


HTMLAlimony is not an Option for Most Who Divorce in Texas
Sam M. (Trey) Yates; Law Office of Sam M. (Trey) Yates, III, P.C.;
Legal Alert/Article
July 17, 2014, previously published by Examiner.com on Summer 2014
The term alimony is commonly used to describe all forms of post-divorce payments from one former spouse to the other.


HTMLGrandparents have the Right in NJ to See Their Grandchildren
The Micklin Law Group;
Legal Alert/Article
July 9, 2014, previously published on Summer 2014
Learn about the law in NJ that allows grandparents the right to see and have custody of their grandchildren.


HTMLII. The Court Abused Its Discretion Concluding That Jeanne Willfully Failed To Meet Myriad Commitments A. “Ability To Pay” and Willfulness Daniel’s Burden (At Least As Drafter) Goes Beyond Proof Of Belated Compliance: Nor Is Contempt Available In Every Case Where A Child Support Delinquency Arises. Only Upon A Finding By The Court That The Delinquency Was The Result Of A Wilful Failure By The Parent To Comply With The Support Order And That The Delinquent Parent Has The Financial Ability To Comply Is Contempt Available... Here, Michael Testified That He Was Aware That He Was In Arrears And Had No Sources Other Than Borrowing To Pay It. He Testified That A Bank Had Rejected His Loan Application Because He And His Present Wife Did Not Have Enough Income, And Therefore, His Parents Would Be The Only Possible Source Of A Loan. However, There Was No Evidence That His Parents Were Willing Or Able To Make The Loan And, Of Course, They Were Not Obligated To Do So. In Short, There Was No Evidence That Michael’s Failure To Pay Was Willful. In Re Marriage Of Pettit, 626 N.E. 2d at 447-448 (Cites Omitted). The Record Shows That Jeanne Added Daniel As An Insured On All The Policies But Could Not Increase Residential Coverage Beyond Value, Tr. 144, 159-161, 201 (“I Can’t... It Doesn’t Exist”), and There Should Be No Contempt For That. Bartlemay v. Witt, Supra at p. 24; Sizemore v. Glasscock (In Re C.N.S.), 901 N.E. 2d 1102, 1106 (Ind. Ct. App. 2009) (“Incarceration For Contempt Is Legally Allowable Only Where The Support Order... Is Attainable By The Obligor”). The Findings Ignore Other Relevant Factors. Jeanne Testified That She Was Timely With Documents; Missed A Meeting Because Attending To A “Cave In” At A Rental; And, “Begged And Pleaded” To See The Document Exchange Complete. Tr. 167, 168, 182. She Was Late On Some Debts, Trying To Gather Resources, But “I Don’t Have The Funds To Pay Them All In Full.” Tr. 171. She Correctly Expressed It Throughout: * * *
Benson Pantello Morris James Logan;
Court Document
July 3, 2014, previously published by

Indiana Court of Appeals

on Summer 2014
Tim's recent brief discusses myriad sub-issues under the the general "contempt" rubric


HTMLWhere Do Toddlers of Divorced Parents Spend the Night? Custody Determinations are Hard Decisions for the Court
Rhian McGrath; Lerch, Early & Brewer, Chartered;
Legal Alert/Article
July 1, 2014, previously published on June 13, 2014
One of the larger points of contention between Michael and Jennifer since they got divorced is where their three-year-old daughter, Sophia, spends the night. As Sophia’s non-custodial parent, Michael wants to use bedtime as bonding time in order to make the most of his allotted visitation...


HTMLCo-Parenting through the Teen Years in Missouri
Stange Law Firm PC;
Legal Alert/Article
June 25, 2014
Parenting through the teen years is challenging for a married couple and even more so for the divorced couple who co-parent. The teen years set the stage for when kids grow into the adults they will become. It's a period of acute physical, intellectual, and ethical growth. It's a time when the role...


Adobe PDFLift of Prohibition on Same-Sex Marriages in Pennsylvania Provides New Estate Planning Opportunities
Michael S. Williams; Schnader Harrison Segal Lewis LLP;
Legal Alert/Article
June 20, 2014, previously published on June 2014
On May 20, 2014, in the case of Whitewood v. Wolf, Judge John E. Jones III of the U.S. District Court for the Middle District of Pennsylvania struck down Pennsylvania’s ban on same-sex marriages. Like many of the rulings recently issued in other federal courts, the court found the ban in...


HTMLHow Does a Marriage Counselor Help in a NJ Divorce
The Micklin Law Group;
Legal Alert/Article
June 20, 2014, previously published on Summer 2014
Mental health experts, such as marriage counselors, can lend a great deal of help and support to spouses, their children and even the lawyers involved in a divorce


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