Weekly Twitter Update 2013–November–17

by Ronald Nelson
November 25, 2013
KsCourts, News, Tweets

#IACourts: Modification of spousal support depends on comparative analysis of former spouses’ later incomes http://bit.ly/18EWmgN
#USAppeals9: #Hague #Abduction Convention does not apply to cross-border shared-child-custody case http://1.usa.gov/17bhM7Z @HaralambieLaw
9th Circuit rules Hague Abduction Convention is not applicable in cross-border shared custody case. Valenzuela v Michel, 2013 WL 6038240 RT Ann M. Haralambie ‏@HaralambieLaw Expand
#KSCourts: Conclusory statement that evidence could not be obtained by due diligence not satisfy Rule 59(f) http://bit.ly/1acMvTd #197867
#KSCourts: Rule 59(f) ‘new evidence’ does not allow evidence that tends to impeach or discredit a witness http://bit.ly/1acMvTd #197867
#KSCourts: Rule 59(f) does not allow ‘new evidence’ that could have been discovered earlier with diligence http://bit.ly/1acMvTd #197867
#KSCourts: Rule 59(f) is to allow trial judge opportunity to correct prior errors http://bit.ly/1acMvTd #197867
#KSCourts: Trial ct is presumed to have considered all evidence properly admitted in its property division http://bit.ly/1acMvTd #197867
#KSCourts: KS courts not obligated to award divorcing parties property each brought into the marriage http://bit.ly/1acMvTd #197867
#KSCourts: Court must divide all property in divorce that has present value http://bit.ly/1acMvTd #197867
#KSCourts: Although trial judge should have provided math calculations for maintenance, not required to do so http://bit.ly/1acMvTd #197867
#KSCourts: Appeals ct doesn’t ‘second guess’ trial court if findings/decisions are supported by fact/analysis http://bit.ly/1acMvTd #197867
#KSCourts: Ct need not consider *every* factor re spousal support if decision adequately support by findings http://bit.ly/1acMvTd #197867
#KSCourts: Purpose of spousal support is future support based on need and ability to pay http://bit.ly/1acMvTd #197867
#KSCourts: Trial court determines spousal support amt and term by guided discretion http://bit.ly/1acMvTd #197867
#KSCourts: If Ct decides not to impute income to unemployed residential parent, appeals ct won’t redetermine http://bit.ly/1acMvTd #197867
#KSCourts: Ct may impute income to residential parent if ‘appropriate.’ http://bit.ly/1acMvTd #197867
#KSCourts: When court imputes child support income, it must base its findings on evidence, not on speculation http://bit.ly/1acMvTd #197867
#KSCourts: Ct cannot arbitrarily assign an amount for child support income, decsion must be based in evidence http://bit.ly/1acMvTd #197867
#KSCourts: #Childsupport guidelines do not prohibit ct imputing income from alternative income from emplyment http://bit.ly/1acMvTd #197867
#KSCourts: #Childsupport guidelines provide non-exclusive list of times when income may be imputed to parent http://bit.ly/1acMvTd #197867
#KSCourts: #Childsupport income may be imputed to parent not having primary residence when ‘appropriate’ http://bit.ly/1acMvTd #197867
#KSCourts: Appeals courts do not reweigh evidence, redetermine issues, or evaluate trial witness credibility http://bit.ly/1acMvTd #197867
#KSCourts: Party alleging abuse of discretion has burden to show it on appeal http://bit.ly/1acMvTd #197867
#KSCourts: #Childsupport #guidelines do not limit court authority if issue not addressed by those guidelines http://bit.ly/1acMvTd #197867
#KSCourts: Appellate std of review in reviewing child support is “abuse of discretion” http://bit.ly/1acMvTd #197867
#KSCourts: Appeals court finds insufficient evidence to sustain #childsupport income imputed http://bit.ly/1acMvTd #197867
#KSCourts: #KSCOA is duty-bound to follow #SCOKS precedent and cannot ignore it or vary from it http://bit.ly/1acIGNV #108098
#KSCourts: Appellate argument not supported with legal authority is deemed a waiver of that issue http://bit.ly/1acIGNV #108098
#KSCourts: Conclusory arguments in appeal are not sufficient to adequately argue appellate issues http://bit.ly/1acIGNV #108098
#KSCourts: KS is not a ‘community property’ state, so does not require equal split of all property http://bit.ly/1acIGNV #108098
#KSCourts: KS law requires court divide #military #retirement, but does not mean cannot give party 100% of it http://bit.ly/1acIGNV #108098
#KSCourts: Maintenance and property division are separate concepts, but are not fixed w/o considering other http://bit.ly/1acIGNV #108098
#KSCourts: Appeals Ct does not ‘redetermine’ issues; instead decide if trial ct provided adequate rationale http://bit.ly/1acIGNV #108098
#KSCourts: Court need not make express findings on all issues in dispute, but must give adequate rationale http://bit.ly/1acIGNV #108098
#KSCourts: Ct errs when it fails to consider required factors when making guided discretionary decisions http://bit.ly/1acIGNV #108098
#KSCourts: Trial court’s discretionary decisions are guided by legal standards that must be followed http://bit.ly/1acIGNV #108098
#KSCourts: Appealing party bears burden to show court abused discretion in property & maintenance decision http://bit.ly/1acIGNV #108098
#KSCourts: Court did not abuse its broad discretion when dividing property and setting maintenance in divorce http://bit.ly/1acIGNV #108098
#KSCourts: Party must have both knowledge & intent to constitute a valid waiver of a statutory right http://bit.ly/1bsOC2c #109422
#KSCourts: Spousal maintenance is not subject to waiver, only knowing relinquishment http://bit.ly/1bsOC2c #109422
#KSCourts: An error of law by the trial court constitutes an abuse of discretion as appellate standard http://bit.ly/1bsOC2c #109422
#KSCourts: Record didn’t support expressed ‘presumption’ that property owned before marriage be restored http://bit.ly/1bsOC2c #109422
#KSCourts: Appeals court may remand for more findings when lack of findings prevents meaningful review http://bit.ly/1bsOC2c #109422
#KSCourts: Although some #familylaw decisions require more explanation, sufficient rationale must be given http://bit.ly/1bsOC2c #109422
#KSCourts: While brevity in court decisions are important, court must explain its rationale for property div http://bit.ly/1bsOC2c #109422
#KSCourts: #Johnson and #Shawnee #FamilyLaw #Guidelines are helpful, but are not binding upon court http://bit.ly/1bsOC2c #109422
#KSCourts: Trial court reference to investment assets as “premarital” instead of “marital” is error of law http://bit.ly/1bsOC2c #109422
#KSCourts: Property owned by married persons ALL subject to division as appropriate in divorce or annulment http://bit.ly/1bsOC2c #109422
#KSCourts: Kansas courts must divide property in just and reasaonble way, need not be equal http://bit.ly/1bsOC2c #109422
#KSCourts: Kansas courts have the same powers to award spousal support in annulment as in divorce http://bit.ly/1bsOC2c #109422
#KSCourts: Kansas courts have the same powers to divide property in an annulment as in divorce http://bit.ly/1bsOC2c #109422
#KSCourts: Trial court properly granted marriage annulment though parties claimed different basis to annul http://bit.ly/1bsOC2c #109422
#KSCourts: Trial court erred in ruling that spousal maintenance cannot be granted in annulment http://bit.ly/1bsOC2c #109422
#KSCourts: Trial court reversed for failure to provide rationale for property division in annulment http://bit.ly/1bsOC2c #109422
#KSCourts: 1 Kansas #FamilyLaw Appeals Decision was issued today (2013-November-15) http://bit.ly/UnMG92 #109422
Updated Page: Kansas Family Law Appeals 2013 http://bit.ly/UnMG92
Strong courts provide balance in our government. We cannot allow political criticism to weaken our #kscourts. http://bit.ly/1ifXsXy
Updated Page: Ronald W. Nelson http://bit.ly/N1I0Mq
Updated Page: 98 Social Media for the Family Lawyer: Ethics, Evidence & Discovery http://bit.ly/1bfwKrn
Virginia Law professor sees #SCOKS Justice Moritz gliding toward confirmation http://bit.ly/188jeZJ #kscourts
#KSCourts Justice Moritz nominated to 10th Cir. seat open for nearly 3 yrs; prior nom, Steve Six, scuttled by Kan. senators: http://bit.ly/1aETfVW MT Michelle Olsen ‏@AppellateDaily
Gov Neil Abercrombie will sign Hawaii Marriage Equality Bill today–Nov 13, 2013–at 10 am local time: http://1.usa.gov/184BtPC
Everyone in the family law trenches knows that such overreactions are far from uncommon as a result of the… http://fb.me/25cpsu9Q3 RT Mark B. Baer, Esq. ‏@MarkBBaerEsq
Two-thirds of those who commit parental child #abduction are male http://1.usa.gov/1ckAx8R via @JohnCrouchEsq
#ARCourts: Where appellate arguments were not relevant to any alleged error, divorce attorneys’ fee award affirmed http://1.usa.gov/19hjZLV
“The alchemy that changes words into their opposites has never had more adept practitioners than it has today.” —Arthur Schlesinger Jr. RT @BryanAGarner
Want to see how you can help a friend in need–Psychotherapy: Friends Helping Friends http://bit.ly/1ankw2n RT @DrKipMatthews @APAHelpCenter
Emails and texts deprive us of important cues, so we fill in the blanks. Our guesses are rarely positive http://bit.ly/1anjUKh @PsychToday
#ARCourts: Where parties equally share child’s residence, trial court may deny either parent child support http://1.usa.gov/19hhJ7p
#ARCourts: Alimony amount & duration cannot be reduced to a mathematical formula; it instead requires analysis http://1.usa.gov/19hgiWl
#ARCourts: Trial court’s child support order reversed where it did not comply with state guidelines requirements http://1.usa.gov/19hgiWl
#ARCourts: Divorce property division need not be mathematically equal, it need only be ‘equitable’ http://1.usa.gov/19hgiWl
#ARCourts: #ARCourts cannot order a parent to continue paying for child’s health insurance post-majority http://1.usa.gov/19hgiWl
#ALCourts: Criminal contempt for failing to pay child support upheld where father had ability, but neglected to pay http://bit.ly/19hfMHW
#FLCourts: Fla #ART statute unconstitutional as applied in same-sex relationship http://bit.ly/16PCsCg
The #1 reason angry couples stay together? Things aren’t always as they seem. http://huff.to/17qZ7ar View summary
#KSCourts: 2 Kansas #FamilyLaw Appeals Decisions were issued on 2013-Nov-08 http://bit.ly/UnMG92 #107867, #108098
Updated Page: Kansas Family Law Appeals 2013 http://bit.ly/UnMG92