Family Law Prof Blog

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

Saturday, May 4, 2013

Sharia Law in Florida

From the Palm Beach Post:

Florida lawmakers are poised to pass a controversial law banning courts from using foreign law, after a split Senate committee signed off on the measure.

The bill (SB 58) would ban courts or other administrative authorities form using religious or foreign law in deciding matters related to family law, including divorce and child custody. The House approved a similar measure last year but it died on the Senate floor.

Read more here.


May 4, 2013 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Friday, May 3, 2013

Children's Rights in UK

From Family Law Week:

In a judgment which strongly upheld children's rights under the UNCRC, Lord Justice Moses (sitting with Mr Justice Parker) has held that the UK government's practice of treating 17 year olds as adults, the failure to inform the parents of their child's arrest and the failure to provide an independent, appropriate adult to 17 year old children when detained and questioned at a police station about alleged criminal offences is "inconsistent with the UNCRC and the views of the United Nations Committee of the Rights of the Child."

Read more here.


May 3, 2013 in Current Affairs | Permalink | Comments (1) | TrackBack (0)

Thursday, May 2, 2013

Child Support in England

From Family Law Week:

The Child Support system has been in a state of continuous revolution since its inception, and this shows no sign of stopping. A somewhat telling example of this is the name. In 2008 the Child Support Agency (CSA) was re-branded as the Child Maintenance Enforcement Commission (CMEC). One rather suspects that it was hoped that this would symbolise the beginning of a new more efficient era. However, rather like the Consignia/Royal Mail debacle, the change of name fooled nobody, but confused many. In Summer 2012 CMEC was abolished, and the name was changed back to the CSA again.

This article is about the new 'gross income' scheme. As will be seen, this is currently only in force for a tiny minority of new applicants ('the pilot group'). However, it is likely that the gross income scheme will be brought in for all new applicants at some future date. Therefore, practitioners have an element of choice: they could advise clients to wait for the gross income scheme to come into force for all applicants before they approach the CSA for a maintenance calculation, or, alternatively, they could advise clients to apply now in order to get into the current 'net income' scheme before it ends.

Read more here.



May 2, 2013 in Current Affairs | Permalink | Comments (0) | TrackBack (0)

Wednesday, May 1, 2013

Second Marriages More Successful?

From the Marriage Foundation:

Second Marriages: Triumph of decision over hope?  It is often assumed that second marriages are riskier than first marriages - “The triumph of hope over experience” as popularised by Samuel Johnson in 1791. A new analysis of data commissioned from the Office for National Statistics (ONS) challenges this assumption. In fact, second marriages overall do consistently better than first marriages. Where one or both spouses are marrying for the second time, couples marrying today face an estimated 31% risk of divorce during their lifetime, compared to an estimated 45% risk of divorce amongst couples where both spouses are marrying for the first time.

Read more here.


May 1, 2013 in Divorce (grounds) | Permalink | Comments (0) | TrackBack (0)

Tuesday, April 30, 2013

Yablon-Zug: "Adoptive Couple v. Baby Girl: Two and a Half Ways to Destroy Indian Law"

Marcia Anne Yablon-Zug (University of South Carolina School of Law) has posted her article "Adoptive Couple v. Baby Girl: Two and a Half Ways to Destroy Indian Law" (forthcoming Michigan Law Review) on SSRN.   Here is the abstract:

On April 16th, the US Supreme court will hear arguments in the case Adoptive Couple v. Baby Girl. This case involves an Indian child whose attempted adoption by a non-Indian couple in South Carolina violated the provisions of the Indian Child Welfare Act (ICWA). Because of this violation, the family court ordered her return to her biological father. The case has received extensive media attention and has resulted in the vilification of ICWA. Nevertheless, the Court’s decision to hear the case was surprising. The issues in the case are straightforward and the lower courts’ decisions were clearly correct. Consequently, the Supreme Court’s interest likely indicates that this case will be used to address broader issues than those delineated in the questions presented. This essay explores the legal issues raised by the Baby Girl case and examine the ways in which the Court is likely to use this decision to redefine current understanding of ICWA and maybe all of Indian law.


April 30, 2013 in Scholarship, Family Law | Permalink | Comments (0) | TrackBack (0)

Monday, April 29, 2013

Infographic on Child Support

The amount of child support that goes unpaid each year is astonishing even though statistics show it is decreasing each year since 1993.  The number one reason payments are not made is that no explanation for the amount of funds necessary for the child and parent are established in court.

Some child support lawyers focus their attention on establishing the guidelines necessary for a reasonable child support plan.  Those guidelines are usually based on health and education needs as well as the income of the custodial parent.

You can see a great infographic on child support here.


April 29, 2013 in Child Support Enforcement | Permalink | Comments (9) | TrackBack (0)