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Valuation of Non-Economic Contributions with Respect to Property Division in Divorce The concept of equitable distribution of marital property takes into consideration both economic and non-economic contribution of the spouses towards marital property acquisition. During divorce, all marital property is divided between the spouses according to the distribution scheme available in the state where the […]

Defenses in Fault-based Divorce: Mental Illness Divorce statutes in most states consider several defenses in case of fault-based divorce, such as recrimination, condonation, reconciliation, collusion, and connivance. States traditionally have allowed mental illness as a common law affirmative defense in fault-based divorce actions, particularly against charges of adultery, cruelty, and desertion. Under a typical scenario, […]

Defenses Available in an Annulment Proceeding Introduction Annulment is a legal proceeding initiated to terminate an invalid marriage and to declare that no valid marriage ever took place because of a problem existing at the time of the wedding ceremony. The basic difference between a divorce and annulment is that divorce dissolves a valid marriage, […]

Property Division in Divorce: Valuation of Marital Property In divorce cases, courts usually must divide the parties’ marital property between them. Marital property usually includes both marital assets and marital debts, and generally consists of all property acquired by both or either of the spouses during the marriage, other than property acquired by inheritance or […]

Tax Considerations Relating to Child Support For federal income tax purposes, payments of child support are not tax-deductible by the parent who makes the payments but child support payments are tax-free to the recipient. In order to qualify as child support, the amounts a custodial parent receives must be designated as child support in the […]

Overview of Malpractice Actions Against Child Welfare Agencies or Caseworkers There are major problems with respect to the way in which child welfare agencies and caseworkers operate in the child welfare system. The agency or caseworker may neglect the child, not provide adequate avenues for the child, or may even in extreme cases lose the […]

A Juvenile’s Right to Treatment in an Institutional Facility The notion of the right to treatment encompasses the concept that after the juvenile has been confined to an institutional facility due to his mental state or condition, he is entitled to receive treatment for his state or condition. Substantive due process does not allow a […]

The Multiethnic Placement Act The Multiethnic Placement ActThe Multiethnic Placement Act (MEPA) is a federal law, enacted in 1994, that prohibits racial and ethnic discrimination in connection with adoptions and foster care. A 1996 amendment, called “Removal of Barriers to Interethnic Adoption,” reaffirmed and strengthened the MEPA.Applicability of the MEPA The MEPA applies to states […]

Child Citizenship Act of 2000 – Overview What is the Child Citizenship Act of 2000?The Child Citizenship Act of 2000 is a federal law that went into effect on February 27, 2001. The Act provides that certain children who are born outside of the United States automatically acquire U.S. citizenship when they meet the requirements […]