High Court to Hear Arguments on ERISA Beneficiary Designation
December 16, 2008
In October 2008, the U.S. Supreme Court heard arguments regarding whether a qualified domestic relations order (QDRO) under the Employee Retirement Income Security Act trumps a woman's voluntary waiver of her ex-husband's pension benefits, an issue that has divided federal appeals courts and left divorce lawyers unsure how to advise clients. This article provides an update.
Sole Custody's Soul, As Viewed by a Psychologist
December 16, 2008
In a response to an article from our December Issue, psychologist David A. Martindale states that "parental concerns with such issues as 'image' must be seen by our courts for what they are: distractions. In cases involving custody and access, our courts are obligated to focus on the best interests of the children whose parents have brought the disputes to court.
Litigation
November 25, 2008
Recent rulings of interest to you and your practice.
One Picture May Not Be Worth 1,000 Words
November 25, 2008
According to the author, drawings cannot possibly be viewed as a reliable source of information concerning children's perceptions of themselves, their families, the dynamics within their families, or anything else. Even if it could be demonstrated that the dynamic of projection consistently operates as children produce these drawings, there would still be no basis for relying upon them.
Making an Appealing Record on Appeal
November 25, 2008
When presented with a case s/he has not tried, an appellate lawyer may discover that the record on appeal is in horrendous shape. Even if you are not an appellate lawyer, there is a lot you can do to help your client with a possible appeal. This article discusses a number of things a trial attorney can do to minimize the problems.
Marriage, Trust and Postnuptial Agreements
October 30, 2008
Postnuptial agreements are flexible documents that provide couples with an alternative to marital counseling or even divorce. As demonstrated herein, it is extremely important that these documents are carefully drafted and that close attention is paid to the fiduciary relationship existing between the parties.
'Standards and Premises of Value'
October 30, 2008
Appraisers are frequently utilized to assist matrimonial courts in determining the value of property subject to equitable distribution within a marital estate. Here's what you need to know about the all-important Standards of Value.
The Tao of Daubert
October 30, 2008
All too often, the outcome of a "child custody dispute" will turn upon the recommendations contained within the custodial or parenting plan evaluation of the psychological expert. This first of a two-part article contains: 1) a brief review of <i>Frye v. United States,</i> and <i>Daubert v. Merrell Dow Pharm., Inc.</i>, standards; 2) an exploration of why evaluations are so rarely challenged by <i>Frye/Daubert</i> hearings; and 3) the foundation for a meaningful review of the evaluation under either <i>Frye</i> or <i>Daubert</i> standards.
Litigation
September 29, 2008
Recent rulings of interest to you and your practice.
