American Journal of Family Law articles from December 2002

American Journal of Family Law archives from December 2002

Client selection with potentially difficult clients: how to know when to take the case.(divorce cases)
December 22, 2002... Given that so many clients enter into legal matters in states of apprehension, uncertainty, fear, and agitation, lawyers regularly face choices about whether a new client who presents as difficult will be a benefit or bane to the lawyer's...

Consideration for a referral.(preparation for divorce)
December 22, 2002... It is common for divorce practitioners to refer clients to mental health professionals, accountants, or other professionals either for preparation of the case or to provide professional services to the client. It would seem clear that the...

Intimate partner violence against immigrant women: measuring the effectiveness of protection orders.
December 22, 2002... Juan made Anna and the two youngest children stand on the corner and beg each day while he sat in a car across the street. At night she and the children were locked in a room and made to sleep on a cement floor. A machete was kept at his...

Custody evaluation: the expert witness and the assessment process.
December 22, 2002... Lawyers are sometimes at a loss about what to look for and what questions to ask in selecting an expert witness in a child custody/contact dispute. Equally mystifying is where and how psychological testing fits into the evaluation. There are...

Knowing whether a business valuation is substantial or not: a tutorial case study.
December 22, 2002... Mr. and Mrs. Smith have been married 10 years. During the past six years, Mr. Smith has grown his software development company from a home-based business generating annual revenues of $150,000 to one that employs 10 and makes $3 million a...

Present value calculation versus deferred distribution of employee stock options.(Pennsylvania)
December 22, 2002... In an issue of national interest, the Pennsylvania Supreme Court in Fisher v. Fisher [769 A.2d 1165 (Pa. 2001)] held that employee stock options are not suitable for present value calculation and recommended deferred distribution. Since...

Reflections on the experience of representing children as appointed counsel in divorce cases.
December 22, 2002... The first question I ask myself upon learning of appointment is, "Why me?" While there are a number of possible answers, the correct one is important to understand. Was I selected because of a particular quality that I possess that lends...

Valuation of customer/client relationships for marital dissolution purposes.
December 22, 2002... Customer/client relationships represent a valuable intangible asset to many service-oriented companies. The expectation of continued repeat patronage from specifically identified customers can be a substantial component of the value of...

Fugitive disentitlement doctrine applicable in divorce proceeding.(New Jersey)
December 22, 2002... In the matter of first impression, Supreme Court of New Jersey held that the fugitive disentitlement doctrine applied to a civil case, in this instance one involving matrimonial issues. Matsumoto v. Matsumoto, 792 A2d 1222 (NJ 2002), involved...

No use of children's names or photos in media.(Minnesota)
December 22, 2002... The Court of Appeals of Minesota enjoined a father from using his children's names or photos in the media. Geske v. Marcolina, 642 NW2d 62 (Minn App 2002), involved children who were 8 and 9 years old. Due to the father's abusive,...

Income imputed to separate non-income producing assets.(child support)(California)
December 22, 2002... Imputing income to the father's separate investment assets (in real estate), which had historically been non-income producing, for purposes of setting his child support obligation was affirmed by a California appellate court. Marriage of...

Modification of prenuptial was fraudulent transfer.(Arizona)
December 22, 2002... The modification of a prenuptial agreement to protect the husband's future wages from garnishment by a judgment creditor was a fraudulent transfer, the Arizona Court of Appeals has ruled. State ex rel Industrial Comm v. Wright, 43 P3d 203...

Overemphasis on personal goodwill in business valuation.(Florida)
December 22, 2002... A Florida appellate court criticized the husband's expert for overemphasizing the effect of the husband's personal goodwill resulting in an artificially low valuation of his vending business. Hough v. Hough, 793 So.2d 57 (Fla App 2001),...

Medical practice is marital.(Mississippi)
December 22, 2002... Following the national trend, the Supreme Court of Mississippi held that the husband's medical practice was a marital asset subject to distribution upon divorce. Mace v. Mace, 818 So2d 1130 (Miss 2002), explained that a practice, unlike a...

Tax consequences of selling rental property.(divorce settlements)(North Carolina)
December 22, 2002... The tax consequences of selling rental properties distributed to each party was ruled speculative and hypothetical by the North Carolina Court of Appeals. Dolan v. Dolan, 558 SE2d 218 (NC App 2002), concluded that without a finding that there...

Court approval of reduced support upon emancipation. (Virginia)
December 22, 2002... Any reduction in child support due to the emancipation of a child had to be approved by a court, according to a recent decision by the Virginia Supreme Court. Riggins v. O'Brien, 559 SE2d 673 (Va 2002), involved a divorce decree which stated...

Temporary award of dog.(New York)
December 22, 2002... The temporary award of a dog to the wife during the pendency of the divorce was not an impermissible prejudgment distribution of marital property, a New York court has ruled. In CRS v. TKS, 2002 WL 1889010 (Sup Ct NY Co 2002), the wife argued...

100-yard stepparent restriction reversed.(Colorado)
December 22, 2002... Requiring the father to keep his children at least 100 yards away from his new wife during his biweekly parenting time was reversed by the Colorado Court of Appeals. Marriage of Martin, 2002 WL 5517 (Colo App 2002), recognized that courts...

Presenting prenuptial day before wedding not duress.(New Hampshire)
December 22, 2002... A prenuptial agreement was not invalid for being executed under duress on the ground that it was presented to the wife "a day or so" before the wedding, the New Hampshire Supreme Court has decided. Matter of Yannaflo, 794 A2d 795 (NH 2002),...

No jurisdiction over nonparty.(Minnesota)
December 22, 2002... A divorce court could not impose a constructive trust on the property of the husband's mother because it did not have jurisdiction over the mother, the Court of Appeals of Minnesota has decided. Marriage of Sammons, 2002 WL 523288 (Minn App...