Weekly Twitter Update 2013–November–24

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

#UTCourts: Appeals court remands case for determination of attorney fees to establish/enforce parenting plan http://bit.ly/1c0OMS9
#UTCourts: Language of stipulation supported decision that life ins was to be equal between spouses http://bit.ly/1c0OMS9
#UTCourts: Appeal of protection order against grandmother determined moot where order expired http://bit.ly/1c0OmLA
#TNCourts: Parenting plan modification remanded where court did not factors it considered in making parenting plan http://bit.ly/1c0MH8H
#TNCourts: Although child custody statutes provide guide, they don’t state ever factor a court should consider http://bit.ly/1c0MH8H
#TNCourts: In determining inconvenient forum under #UCCJEA, court must consider all factors in #UCCJEA 222 http://bit.ly/1c0MH8H
#TNCourts: Even if court has proper #UCCJEA jurisdiction, it may decline that jurisdiction if determined inconvenient http://bit.ly/1c0MH8H
#TNCourts: #UCCJEA jurisdiction is determined at filing, not at a later time http://bit.ly/1c0MH8H
#TNCourts: Court does not lose #UCCJEA jurisdiction merely because all parties move from that state during litigation http://bit.ly/1c0MH8H
#TNCourts: #UCCJEA modification jurisdiction exists where motion to modify filed before parents/child move from state http://bit.ly/1c0MH8H
#TNCourts: Court did not err finding child’s best interests not served by changing non-marital child’s name to father http://bit.ly/I83vQb
#TNCourts: Court’s child support order reversed where it did not support its conclusions with findings of fact or law http://bit.ly/I83vQb
#TNCourts: Court reversed where it did not make adequate findings of fact or law supporting determined parenting plan http://bit.ly/I83vQb
#TNCourts: Trial court did not abuse its discretion in declining to award spousal support http://bit.ly/1c0Lgr5
#ORCourts: Court erred awarding child support retroactive to date before petition for parentage was filed http://bit.ly/I80MWX
#MOCourts: Mere assertion that #childsupport outstrips ability to pay without supporting evidence is unconvincing http://on.mo.gov/I7YSFG
#MOCourts: Where appellant’s arguments do not consider trial court’s actual findings they are analytically useless http://on.mo.gov/I7YSFG
#MOCourts: Appeals court reviews evidence in light most favorable–not unfavorable–to trial court findings & rulings http://on.mo.gov/I7YSFG
#MSCourts: Court properly declined third-party custody award where no showing father was unfit http://1.usa.gov/1c0HVrO
#KYCourts: Trial court is in best position to decide if contested settlement should be adopted over objection http://bit.ly/1c0GREo
#KYCourts: Tracing non-marital property in divorce property division does not require mathematical certainty http://bit.ly/1c0G5ay
#KYCourts follow 3 step prop division process: determine marital & non-marital, assign non-marital, divide property http://bit.ly/1c0G5ay
#KYCourts: Marital property division must be equitable, not equal http://bit.ly/1c0G5ay
“Lack of civility and professionalism” does not a good lawyer make. I am so glad that courts are increasingly… http://fb.me/2jMp6vsIW RT Mark B. Baer, Esq. ‏@MarkBBaerEsq
#KYCourts: Waiver of IRA ownership in divorce agreement did not waive right to claim as named beneficiary on death http://bit.ly/1c0FO7w
#KYCourts: Trial court improperly placed burden to show continuing need for support on adverse party motion to modify http://bit.ly/1c0EYYs
#KYCourts: Trial court erred when it re-examined original maintenance award on post-decree motion to modify support http://bit.ly/1c0EYYs
#KYCourts: Court did not error by adopting/enforcing parties’ oral agreement modifying spousal maintenance http://bit.ly/1c0ElOo
#KYCourts: Not error for court to adopt parties’ child support deviation stipulation where party not represented http://bit.ly/1c0CUzA
#KYCourts: It is well–established that courts consider homemaker’s contributions equal to income earning spouse http://bit.ly/1c0CUzA
#KYCourts: Merely ‘taking note’ of husband’s personal problems is not improperly penalty for marital misconduct http://bit.ly/1c0CUzA
#INCourts: Text messages were properly admitted over objection, authentication need not be absolute only probable http://bit.ly/IbmmKy
#INCourts: Child custody decision not unreasonable where trial court findings adequate, rational supported http://bit.ly/IblN3x
#IACourts: Trial court finding husband not entitled to spousal support sustained as not unreasonable http://bit.ly/IblpSx
#IACourts: Conflict between parents was substantial change in circumstances warranting modification of joint care http://bit.ly/IbkWjl
#GACourts: Court erred where no evidence supported child support income determined http://bit.ly/Ibj4am
#GACourts: Court’s child custody order sustained where mother’s allegations not timely raised and found utterly false http://bit.ly/Ibirxw
#FLCourts: Where trial court made well-reasoned, fact-based discretionary decision, appeal court will not overturn it http://bit.ly/IbhSDT
#FLCourts: Judge disqualified when previously represented by counsel for one of divorcing parties http://bit.ly/IbhDss
#FLCourts: Court erred when it failed to divide passive value increase in divorce property division http://bit.ly/Ibgjpq
#FLCourts: Court did not make sufficient findings when it ordered husband purchase life ins policy benefiting x-wife http://bit.ly/Ibgjpq
#FLCourts: Court erred relieving Husband of responsibility for 1/2 entire mortgage payment where no basis in record http://bit.ly/IbfXPK
#FLCourts: Court could not order return of property between former cohabitants in case seeking to determine parentage http://bit.ly/Ibfpcp
#FLCourts: Contempt order erred in not containing adequate provision for purging contempt http://bit.ly/Ibfpcp
#FLCourts: Court erred in finding husband hid income where issue not presented and no evidence supports conclusion http://bit.ly/Ibf35z
#FLCourts: Trial court parenting time orders reversed where they are contradictory/inconsistent http://bit.ly/Ibex7D
#FLCourts: Court’s divorce orders reversed as without required findings and because of internal inconsistency http://bit.ly/Ibex7D
#FLCourts: Amendments to Family Law Rules of Procedure http://bit.ly/Ibeclw
#DECourts: Court affirmed where husband appealed rather than request default set aside after he failed to appear http://1.usa.gov/IbdV1W
#AZCourts: Divorced parent not responsible to stepparent for child’s tort while child with other parent & stepparent http://bit.ly/Ibd8Oo
#ARCourts: Blanket cohabitation restriction in child custody orders violates constitutional rights http://1.usa.gov/17Plyqa
#AKCourts: Trial court erred by valuing Alaska retirement medical benefits as Tier 2 instead of Tier 1 in divorce http://1.usa.gov/1dr0FEc
#AKCourts: Agreements to negotiate are unenforceable, provide no basis for remedy http://1.usa.gov/1eoQxJ1
#AKCourts: Settlement agreement became “agreement to negotiate” when contract condition not satisfied but attempted http://1.usa.gov/1eoQxJ1
#ALCourts: Guardianship transfer by Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (#UAGPPJ) http://bit.ly/1dqZfcT
Are the Alarms Bell Ringing? Identifying a potential #Hague #Abduction Convention case and responding appropriately. http://bit.ly/1dpjfwl
After divorce, a painful reconnection with parents http://wapo.st/1dpjjfz @carolynhax
Divorced parents face conflict over guest at daughter’s graduation http://wapo.st/1dpgj2I @carolynhax
Arkansas Supreme Court Overturns Blanket Use of Cohabitation Restrictions in Child Custody Cases http://bit.ly/17Pl5Eg #arcourts
#KSCourts: #UIFSA allows responding state determine correct arrearages though different from information recd http://bit.ly/1cIc3X8 #109079
#KSCourts: When #UIFSA responding state determines arrearage cannot relitigate new claim in original forum http://bit.ly/1cIc3X8 #109079
#KSCourts: #UIFSA initiating state law controls nature/extent of obligation and computation of payments http://bit.ly/1cIc3X8 #109079
#KSCourts: #UIFSA requires registering state recognize initiating state support order http://bit.ly/1cIc3X8 #109079
#KSCourts: Elements for res judicata: same claim, same parties, could have been raised, merits judgment http://bit.ly/1cIc3X8 #109079
#KSCourts: Objection not untimely because not included in motion response when made at hearing http://bit.ly/1cIc3X8 #109079
#KSCourts: Objection not untimely failure to interpose objection before hearing when no response required http://bit.ly/1cIc3X8 #109079
#KSCourts: Kansas procedure does not require a written response to most filed motions http://bit.ly/1cIc3X8 #109079
#KSCourts: A motion is not a pleading http://bit.ly/1cIc3X8 #109079
#KSCourts: Where KS omitted #childsupport interest due in #TX #UIFSA registration, interest claim precluded http://bit.ly/1cIc3X8 #109079
#KSCourts: Appeals court affirms res judicata determination in #UIFSA context http://bit.ly/1cIc3X8 #109079
#KSCourts: Clear & convincing evid supported court finding of no support for 2-years, terminating rights http://bit.ly/1aDd04u #109820
#KSCourts: Appeals court affirms parental rights termination, stepparent adoption http://bit.ly/1aDd04u #109820
#KSCourts: 3 Kansas #FamilyLaw Appeals Decisions were issued today (2013-Nov-22) http://bit.ly/UnMG92 #109079, #109820, #109569
#USAppeals8: Appeals court affirms dismissal of suit between former spouses under domestic relations exception http://1.usa.gov/1fr71Ud
What to Do When Your Ex Won’t (or Can’t) Pay Child Support http://bit.ly/18rTfN1 @usnews
Man’s bid to avoid alimony undone by tithe receipts http://bit.ly/18rT1W6
Avoiding Fighting and Other Unproductive Divorce Traps http://bit.ly/I6iQ43 @kalw
#NYCourts: Putative father has no right or ability to restrict pregnant woman’s constitutionally-protected movement http://bit.ly/19Kx4xp
#NYCourts: Pregnant mother did not engage in #UCCJEA ‘unjustificable conduct’ by giving birth in another state http://bit.ly/19Kx4xp
#NYCourts: Court improperly declined #UCCJEA jurisdiction favoring state (CA) where pregnant mom previously lived http://bit.ly/19Kx4xp
Non-resident court facilities in West Virginia, North Carolina, Oklahoma and Wyoming closing as cost-cutting measures http://1.usa.gov/19KwRu4
Is a continued gender inequality in the US a result of increased #divorce rates? http://bit.ly/1b8CqZG RT @MeddinLaw
NY Appeals Court Affirms Right of Pregnant Women to Move Freely without court/partner restriction http://bit.ly/I3MnLz
Illinois appeals court judges rule $5 fee for independent child custody exchange centers valid: http://bit.ly/I3M2IP
On @Avvo: How to get out of a KS lease when a victim from physical/se… #divorce http://rpx.me/1/Azbr Expand
#RICourts: Oral Marital Settlement Agreement placed on record is as binding as written agreement http://bit.ly/17gWgP7 @CourtsRI
#KYCourts: Appeals court does not ‘re-determine’ issues decided by the trial court, only looks for legal error http://bit.ly/18IXvUD
#NECourts: Stormy relationship between unmarried parents is not a reason to terminate father’s rights http://1.usa.gov/18IWgoj
#TNCourts: Alternating weekend parenting time order remanded where parents lived at distant points. http://bit.ly/18IVojv
#TNCourts: Courts may deviate from #childsupport guidelines for reasons other than those explicitly set in guidelines http://bit.ly/18IUDXK
#TNCourts: Former unmarried partner of #child’s adoptive mother denied visitation with child http://bit.ly/18IU405
#TNCourts: When enforcing past child support arrearages, #FFCCSOA requires using longest applicable Statute of Lmt http://bit.ly/18ITAqM
#TNCourts: Refusal to register child support judgment older than 10 years reversed under #FFCCSOA provisions http://bit.ly/18ITAqM
#WVCourts: Lack of physical harm does not mean parent should have free reign to abuse/threaten other parent http://bit.ly/18IRHui
#WVCourts: Where husband’s distain and rage toward the court permeated self-filed pleadings, trial court order upheld http://bit.ly/18IRHui
Federal Appeals Court says #Hague #Abduction Convention does not apply to U.S.–Mexico custody fight http://bit.ly/17glkWA
#ARCourts: Contempt finding overturned where trial court specifically found child support non-payment not intentional http://1.usa.gov/1bGGhvh
#ARCourts: Court did not abuse discretion awarding spousal support where parties agreed to unequal property division http://1.usa.gov/Iaoe5B
#MECourt: Court need not robotically apply statutory factors to determine parenting time when asked to modify it. http://bit.ly/1f4OhJU
#MECourts: In appropriate situation, inquiry into parents’ financial situations may be relevant to child custody http://bit.ly/1f4OhJU
“Aggressive lawyers may only lead to protracted litigation and more heartache for the people in the divorce. More… http://fb.me/25UpsdBRB RT Mark B. Baer, Esq. ‏@MarkBBaerEsq
On @Avvo: If a no contact is order is in effect against my boyfriend how do I put him on our child’s birth certificate? #familylaw http://rpx.me/1/US_q
On @Avvo: How do I write a form contesting interrogatories to an attorney in a case to decide father’s obligation for #childsupport ? http://rpx.me/1/NS_q
On @Avvo: How much should i be paying in #childsupport ? http://rpx.me/1/HS_q
Early care for psychosis catches on, raises questions http://usat.ly/HXz1k4 via @usatoday View summary