Weekly Twitter Update 2014–December–21

  • by Ronald Nelson
  • News

 · Dec 20

: Merrick names former judge, Abilene House Rep Barker as new House Judicary Chair

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 · Dec 20

U.S. Supreme Court won’t stop same sex marriages in Florida

 · Dec 19

: Eighth Judicial District Clerk & Court Services Hours Revised:

 · Dec 19

: If parent can work full-time, but chooses not to do so, Court can flexibly consider circumstances #111251

 · Dec 19

: Trial court did not abuse discretion by deciding failing to work 40 hours/wk was “underemployed” #111251

 · Dec 19

: Party cannot later appeal issue determined in earlier judgment #111251

 · Dec 19

: Court cannot consider appeal of issue not timely filed #111251

 · Dec 19

: “Multiple family adjustment” cannot be used to lower support by party requesting modification #111251

 · Dec 19

: “Multiple family adjustment” may be used after original order only as a shield #111251

 · Dec 19

: “Multiple family adjustment” may be used only when establishing an original order of #111251

 · Dec 19

: Where trial court applies wrong legal standard, case is remanded for reconsideration #110007

 · Dec 19

: Although separation of half-siblings need not be “exceptional” its affect should be “considered” #110007

 · Dec 19

: Plain language of 23-3207(b) contemplates only full-siblings, not half-siblings #110007

 · Dec 19

: Appeals court interprets statute by ordinary words used, natural meaning #110007

 · Dec 19

: Court erred by refusing to consider separation from half-sibling as part of best interest analysis #110007

 · Dec 19

: 3 ways court can abuse discretion: “no reasonable judge”, legal error & no substantial evidence #110007

 · Dec 19

: When child custody case is between parents, paramount consideration is child’s best interests #110007

 · Dec 19

: 23-3203(d) recognizes that trial court must consider interaction of siblings (whole or half) #110007

 · Dec 19

: 23-3207(b) does not apply to child custody case in which half-siblings are divided #110007

 · Dec 19

: Rosen (concurring/dissenting): Contract language is interpreted against scrivener, would affirm result

 · Dec 19

: Kansas statutes governing divorce proceedings have not changed in any material way since enactment

 · Dec 19

: Kansas does not recognize 2 different kinds of postmarital agreements: there is only 1

 · Dec 19

: Case remanded to trial court for detailed analysis whether marital property agreement was just & equitable

 · Dec 19

: Marital agreement providing disproportionate division of property does not by that fact encourage divorce

 · Dec 19

: Marital agreement made without contemplating separation is still considered under rules governing divorce

 · Dec 19

: Without an adequate record on appeal, appeal court cannot determine that trial court abused its discretion

 · Dec 19

: Appeals court does not reweigh or redetermine trial court fact findings or discretionary decisions

 · Dec 19

: Kansas courts have broad discretion to determine whether separation agreement is just and equitable

 · Dec 19

: Common law public policy that agreements in contemplation of divorce encourage divorce is disavowed

 · Dec 19

: Court presume that contracts are validly entered and burden is on party claiming it should be set aside

 · Dec 19

: There is no presumption in the law that any contract is illegal or unenforceable

 · Dec 19

: Contract is not void for public policy violation unless injurious to public or societal interest

 · Dec 19

: Public policy insists that lawful contracts shall be enforced as written/agreed without court modification

 · Dec 19

: Public policy forbids enforcement of illegal or immoral contracts

 · Dec 19

: Separation agreements are governed by general contract principles

 · Dec 19

: When reviewing separation agreement, court must make 2 decisions: validity & just and equitable

 · Dec 19

: “Separation agreement” include agreements entered into regardless of parties intention to separate

 · Dec 19

: “Separation agreement” includes all agreements entered during marriage re marital property rights, duties

 · Dec 19

: “Separation agreement” is not defined in Kansas divorce statutes

 · Dec 19

: Court must determine marital separation agreement is valid, just & equitable to incorporate it into decree

 · Dec 19

: 2 Supreme Court, 1 Appeals Decisions Issued Today (2014-Dec-19) #110007 #106092 #111251

 · Dec 19

States cracking down on parents ‘re-homing their adopted kids (quoting )

 · Dec 19

Updated Page: Kansas Family Law Appeals 2014

 · Dec 18

: The County Self-Help Center has a Twitter! If you’re interested you can follow:

 Ronald W Nelson, PA retweeted
 · Dec 18

Have a two hug holiday! Help your kids have a happy holiday season wherever and everwhere they may be. Check Out

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 · Dec 18

Judge Grants First Divorce in Florida of same sex couple

 · Dec 18

Updated Page: Kansas Family Law Appeals 2004

 · Dec 17

Some conservatives urging open discrimination by refusing to serve gays on “religious” grounds

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 · Dec 16

Chicago judge rules Missouri teen a victim of medical abuse, but likely without jurisdiction to do so

 · Dec 16

: Trial court did not err refusing to grant spousal support to wife in marriage that lasted 4 years.

 · Dec 16

Florida AG asks Supreme Court to block same-sex marriages after appeals court denies stay

 · Dec 15

Tucked into the Defense Authorization bill, Turner Amendment on passes Congress

 · Dec 15

Updated Page: Third-Party and Grandparent Visitation

 · Dec 15

New Page: Troxel v Granville: Supreme Court Wades Into A Quagmire

 · Dec 15

News: Weekly Twitter Update 2014–December–14

 · Dec 15

News: Weekly Twitter Update 2014–December–7

 · Dec 15

Supreme Court watchers wonder if justices are ready to take a same-sex marriage case

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