Family Law Prof Blog

Editor: Margaret Ryznar
Indiana University
Robert H. McKinney School of Law

Saturday, December 1, 2012

Divorce Reasons

A blog entry by Lois Tarter lists 7 reasons why couples from the Boomer generation get divorced after decades of marriage.  Three of the reasons are retirement, individuals got married for the wrong reasons, and (of course) the mid-life crisis.  Read it here.


December 1, 2012 in Current Affairs | Permalink | Comments (3) | TrackBack (0)

Friday, November 30, 2012

Adoption in Nebraska

States all across America are celebrating November as Adoption Awareness Month.  In Nebraska, children in foster care in the state waiting for a family are highlighted.  Even though the process can be quite lengthy, adoptive parents can have a positive effect on children.  Almost 500 adoptions occur each year in the state.

Read more here.


November 30, 2012 in Abortion | Permalink | Comments (0) | TrackBack (0)

Thursday, November 29, 2012

FCPA Issues in Hosting Foreign Adoption Officials

From the Wall Street Journal:

The Department of Justice blessed a plan by 19 non-profit child-adoption agencies to bring foreign officials to the U.S., saying it wouldn’t violate a U.S. foreign bribery law.

Read more here.


November 29, 2012 in Adoption, Current Affairs | Permalink | Comments (0) | TrackBack (0)

Wednesday, November 28, 2012

Adoption in Iowa

From Radio Iowa:

Events across Iowa this month aim to raise awareness about the thousands of Iowa kids in foster care and the hundreds who are eligible for adoption. Corinne Sills is a post-adoption support specialist in Mason City, part of Iowa Kids Net.

Sills says more than 400,000 children are in foster care nationwide due to abuse, neglect, abandonment and other family issues. “There are approximately 6,100 Iowa children in foster care and that includes those that are in foster homes, relative homes, group care institutions and pre-adoptive homes,” Sills says.

Also, some 750 children in Iowa are legally eligible for adoption. As part of National Adoption Month, she says there will be candlelight vigils held at locations across Iowa. “It’s to raise awareness of the 104,000 children in the United States waiting to be adopted,” Sills says.

Read more here.


November 28, 2012 in Abortion | Permalink | Comments (1) | TrackBack (0)

Tuesday, November 27, 2012

Australian Arrangements

From Quantum Valeat, an interesting family law blog:

A new study mapping when children spend time with their father after divorce, has revealed a shift away from children only spending time with their father every second weekend.

Read more here.



November 27, 2012 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Marriage Over Phone

From the Washington Post:

Noel Tshiani wasn’t at his wedding — he listened by phone in another country to the ceremony in the Democratic Republic of Congo, according to court records — but he’s just as married as if he’d stood at his bride’s side. And soon, he’ll be just as divorced and responsible for alimony and child support, a Maryland court has ruled. 

Tshiani, a World Bank employee, was working in another African country when he and Marie-Louise Tshiani married in a 1993 ceremony. He answered questions and listened to the ceremony by telephone, while his cousin stood in his place for the ceremony, court records say. The exchange among families included money, clothes and a goat, and within days, the bride flew to join her husband, according to court records.

The Maryland Court of Special Appeals, in upholding the divorce and nearly $6,000 a month in alimony, child support and other financial payments, said the ceremony may have been unusual but is considered a marriage like any other under state law.

Read more here.


Hat Tip: Naomi Cahn

November 27, 2012 in Current Affairs | Permalink | Comments (1) | TrackBack (0)

Adoption Tax Credit

From Bradenton Herald:

November is designated as Adoption Month in Florida.

Special events are happening all over the state to highlight the number of children available for adoption in Florida. In the 12th Circuit, events are centered around a picnic where potential adoptive families have the opportunity to meet and have fun with some of the local children who are available for adoption. On Nov. 16, the circuit will celebrate Adoption Day in the court where 23 children will be adopted into forever families.

Adoption Month presents an opportune time to take action if you are a family thinking of adoption. Private adoption can cost $30,000 or more. Adopting a child from foster care can have minimal or no out-of-pocket cost. On Dec. 31, 2012, the Federal Adoption Tax Credit expires. Families who adopt a child before the 2012 deadline may qualify for a $12,650 tax credit that can be used against a tax liability for up to five years. After Dec. 31, the only tax assistance available will be a $6,000 non-refundable credit for the adoption of a special needs child.

Read more here.


Read more here:

November 27, 2012 in Adoption | Permalink | Comments (0) | TrackBack (0)

Monday, November 26, 2012

Modern Family, Real Life Issues

Modern Family's Ariel Winter, who plays "Alex Dunphy"on the hit show, is in the midst of a heated battle with her real-life mother.  Court papers filed October 3 reveal custody was taken away from mother Chris Workman and given temporarily to Winter's older sister.  Winter claims her mother hit her and emotionally abused her.  Workman claims the incident stems from her filing charges against Winter's 18-year-old boyfriend after she caught him in bed with her 14-year-old daughter.

Read more here.


November 26, 2012 in Current Affairs | Permalink | Comments (1) | TrackBack (0)

Sunday, November 25, 2012

Eyer: "Marriage This Term: On Liberty and the 'New Equal Protection'"

Katie R. Eyer (Rutgers School of Law -- Camden) has posted "Marriage This Term: On Liberty and the 'New Equal Protection'", 60 UCLA L. Rev. Disc. 2 (2012).  Here is the abstract:

The story of equal protection’s demise is a familiar one. It has been decades since any new group has been afforded heightened scrutiny. Even for established protected groups, retrenchment in applicable standards has devitalized meaningful equal protection coverage. As a result, scholars such as Kenji Yoshino have contended that we are at “the end of equality doctrine as we have known it” — that we are, in effect, in a post–equal protection era. In this new era, there are minimal opportunities for securing protections under the Equal Protection Clause, and the liberty protections of the Due Process Clause have superseded equality as the primary engine of constitutional change. Yoshino names this new era the “new equal protection” and suggests that subordinated groups focus their efforts on liberty — rather than equality — in seeking civil rights protections. 

This Essay suggests that reports of equal protection’s demise — and of liberty’s ascendancy — may be premature. Using the LGB marriage rights movement as a focal point — and in particular the six cases pending certiorari review at the Supreme Court this term — this Essay explores the possibility that full equal protection inclusion for new groups remains plausible, and that, indeed, the LGB rights movement may be on the cusp of securing such inclusion. The Essay discusses the implications of this possibility for Yoshino’s framework and, in particular, the strategic risks that may attach to relying on liberty-based arguments for a group that is on the cusp of achieving formal equality.


November 25, 2012 in Scholarship, Family Law | Permalink | Comments (0) | TrackBack (0)