The Marren and Page Case List Chesler v Chesler and Prins v Prins

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Child Support visitation

Finally, the question of whether child support can ever flow from a majority time-share parent to a minority time-share parent should be resolved, by either allowing it, prohibiting it, or permitting it solely in circumstances where the trial court has found that a joint physical custody situation actually exists, whether equal or unequal in timeshare. Finally, the question of whether child support can ever flow from a majority time-share parent to a minority time-share parent should be resolved, by either allowing it, prohibiting it, or permitting it solely in circumstances where the trial court has found that a joint physical custody situation actually exists, whether equal or unequal in timeshare. In March 1973, the husband filed for divorce. The wife filed an answer and counterclaim alleging that the parties had acquired community property. The husband, in his reply, admitted that allegation and only denied the amount of the balance of the savings and checking accounts. In August 1973, the husband died. The son filed a probate proceeding to determine the status of certain real and personal property seeking to have the property declared to be community property and subject to administration. The district court held that the joint tenancy deeds conveying all the real property involved to the husband and wife as joint tenants, and not as tenants in common, with full rights of survivorship, did not without other clear and certain independent evidence overcome the presumption that such property purchased with community funds was community property. The disconnect, and this discussion, is fully applicable to the military context, where (as discussed below) practitioners now are required to deal not only with the standard military retirement (a defined benefit plan), but also with the Thrift Savings Plan (a defined contribution plan). Neither Truax1 nor Mosley2 define, either expressly or implicitly, the term "joint physical custody."Truax addresses only the legal standard a court must follow when considering a modification of joint custody, without ever giving definition to the term, "joint physical custody." Although Truax noted that "the parents were subject to a ´shared’ or joint physical custody order,"3 the Opinion does not define the term "joint physical custody," nor does it specify the terms of the parents’ custodial arrangement. Because of its limited factual recitation and lack of definition, Truax is of no assistance in discerning the meaning of "joint physical custody." There are multiple roles that alimony might play in disability cases, depending on the order in which events occur. Some courts faced with a post-divorce recharacterization of retirement benefits as disability benefits have simply redistributed other property, or compensated the former spouse by an award of post-divorce alimony. As explained elsewhere in these materials, the military system does not permit the creation of a divided interest to the spouse, but only a divided payment stream. As detailed in the section immediately below, there is an automatic reversion of the spousal share of those payments to the member, should the spouse die first. For example, when community funds are the source for the purchase of property, the naked form of title to the purchased property as the sole and separate property of one spouse, standing alone without supporting evidence, has been held to not be "the clear and certain proof required to overcome the presumption of community property."9 By contrast, the fact that title to all the real property of a couple was put by them in joint tenancy was considered "the clear and certain proof needed to overcome the presumption that it was community property."10 And judges should consciously consider their jurisdiction to proceed before wading into the merits of cases, with sufficient knowledge of the jurisdictional rules both to understand what they should not do, and to ignore legally fatuous arguments based on indefensible attacks on their legitimate jurisdiction. If the agreed facts resolve a jurisdictional question, one way or another, the merits can be addressed; if not, the court should focus on convening such proceedings as are necessary to make the factual determinations that permit the jurisdictional call to be made promptly, economically, and correctly. a) During the pendency of the action, at the final hearing or at any time thereafter during the minority of any of the children of the marriage, make such an order for the custody, care, education, maintenance and support of the minor children as appears in their best interest . . . . SPAN> In the Mattter of Parental Rights as to K.D.L., 118 Nev. 737, 58 P.3d 181 (2002) As to the best interests of the children, the father failed to overcome the presumptions enunciated in NRS 128.109(2) that if a child has resided outside of his home pursuant to that placement for 14 months of any 20 consecutive months, the best interests of the child must be presumed to be served by the termination of parental rights. NRS 128.109(2) and NRS 432B.553(2), taken together express the general public policy to seek permanent placement for children rather than have them remain in foster care. This is a mistake because any such stipulation or court order is simply unenforceable - a court order compelling beneficiary status cannot be enforced. Under the laws setting up these insurance plans the former spouse cannot be made the owner of the policy, and the insured has complete freedom to designate or re-designate the intended beneficiary of the program. The federal courts, early and forcefully, held that the programs were "the congressional mode of affording a uniform and comprehensive system of life insurance for members and veterans of the armed forces of the United States," and the resulting benefits were therefore immune from state court division or allocation, even when community property was the source of the premiums paying for the policy. A host of similar programs have been established, and expired, since 1919. This is the classic divorce scenario - whether divorce occurs before or after retirement, it is usually expected that both parties will continue to live until after the member retires from active duty. 65279;If and when concurrent receipt under CRDP has been fully implemented in a given case, totally eliminating the required waiver, a retiree's application for and receipt of regular VA disability benefits would have no effect on a pre-existing division of military retired pay between the retiree and his former spouse; he would just get additional benefits. UP> The Court termed the "statutory mandate" to be "rather clear"6and held that a status-only divorce was "beyond the court’s power to enter." In later cases, the Court used the term "disfavored," and held that such decrees could only be entered upon stipulation of the parties to the marriage.7 There appear to be five separate possible effects of a death on a couple in which one party is or was a member of the armed forces, depending upon whether death is before or after retirement, and before or after divorce, and which of the parties has died. Nothing stated below has any effect on service life insurance, which is discussed separately below. In the United States, generally, married parents are presumed to have joint legal and physical custody. Even after divorce, a parent with joint legal custody generally has an equal right to determine questions such as where the child attends school, and any proceeding to alter the status quo of custody and visitation must pass due process muster.2 When a child has been removed to the United States from another country determined to be the childfs habitual residence, however, the underlying parent-and-child law of that country should be reviewed to see if a left-behind parent with whatever relationship exists between the child and that parent has a legal right of custody as defined by the law of that country. The Convention is "deliberately expansive" on this point, and counsel should be sensitive to allowing the widest possible scope of a basis of rights under the law of other States for the exercise of "rights of custody" by a parent.3 The following paragraph provides that if a member dies before the Alternate Payee begins receiving benefits and a refund of the contribution account is payable, the Alternate Payee will be eligible to receive the specified share of the refund (NOTE: this only applies if the Member dies before retirement without a spouse or eligible survivors under NRS 286.671-286.6791). In 1940, the United States enacted the "Soldiers’ and Sailors’ Civil Relief Act" to provide that those serving in World War II would have protections against default judgments, exorbitant interest rates, and the ability to stay ongoing civil court cases while they were on duty. The law was substantially revised in 1991 after the Gulf War, and then scrapped entirely in December, 2003, in favor of the replacement "Servicemembers Civil Relief Act" (SCRA).1 The vacancy in Department D occurred on July 1, 2008, when Judge Hardcastle retired. On August 22, 2008, in accordance with Nevada Constitution Article 6, Section 20(1), the Governor appointed Robert Teuton to Department D from among three nominees selected by the Commission on Judicial Selection. Prior to the marriage, the husband acquired two A & W restaurants. The businesses were incorporated and all of the assets for the restaurants were transferred into it. Subsequent to the marriage, they obtained two more drive ins which was done primarily with the cash flow from the two premarital restaurants. The opinion included few other facts. UP> No creditor would say "You owe this specific sum in January. If you don’t pay, you get assessed a late payment penalty in February. And then you’re off the hook - no further late fees in March, April, May, June, July - just pay when you can." 3) If the parenting time is equal, the expenses for the children are equally shared and the adjusted gross incomes of the parents also are equal, no support shall be paid. Despite the "will at least afford an opportunity" language in the legislative history, however, courts in some other States, such as California and Idaho, ruled that no common law remedy existed for such persons. These rulings led to passage of "window" statutes in some of those States, specifically permitting those divorced during the gap a limited time to relitigate the division or non-division of the retirement benefits.3 Nevada passed the first such statute, which expired after only six months, in 1983. Illinois enacted the most recent window period, which closed in January, 1989. In marked contrast to the multiple line-drawing and subtle distinctions discussed above regarding the death of a member, the death of a spouse has a very simple effect - the member is freed from all relevant restrictions, claims, and costs. That some kind of adjustment should be made is based on the recognition that in cases of shared custody, each parent is directly paying part of the child's both fixed and non-fixed expenses. This does not mean, however, that for every dollar that the non- custodial parent pays in expenses, the custodial parent's expenses decrease, so that child support is a zero sum game. Rather, the total of expenditures by both parents increase with greater visitation by the non-custodial parent: non-custodial parent's expenses increase, and the custodial parent's expenses do not decrease by the same amount. This is result in predicated on the fact that each parent pays "redundant costs." Redundant costs are fixed expenses that both parents must pay, for example, a bedroom for the child, basic furniture and toys, housing expenses, utilities, etc. See, e.g., Travers v. Travers, 665 So. 2d 625 (La. Ct. App. 1995) (under shared custody formula, each parent is treated as a separate household with custody of half of total number of children, so that support reflects the cost of separate homes and savings from discontinuous custody). Child support guidelines at least implicitly recognize this point by providing that as the number of children in a family goes up, the amount of support devoted to each child goes down. The guidelines recognize that the amount needed to support two children is less than twice the amount needed to support one child, because certain household expenses are shared. It is this same point that must underlie the discussion of shared custody. Thus, while there should be some adjustment to the amount of support for shared physical custody, it is difficult for a child support formula to determine how much that adjustment should be. Bast v. Rossoff, 91 N.Y.2d 723, 675 N.Y.S.2d 19 (1998) (noting different methods used to accomodate redundant costs and problems inherent in each method). See Marygold S. Melli and Patricia R. Brown, The Economics of Shared Custody: Developing an Equitable Formula for Dual Residence, 31 Houston L. Rev. 544 (1994); Karen A. Getman, "A Critique of the Effect of Non-Traditional Visitation and Custody Arrangements on Child Support Awards UnderCurrent Guidelines and Formulas," in Essentials of Child Support Guidelines Development: Economic Issues and Policy Considerations 127 (Women's Legal Defense Fund, 1987).

You can find The Marren and Page Case List Chesler v Chesler and Prins v Prins Division of Military Retirement Benefits in Divorce The Marren and Page Case List Kramer v Kramer NV Ind Dev v Benedetti Blanch Why It Might Be Appropriate to Re-allocate the SBP Premium Reno child support expert Divison of Military Retirement Benefits In Divorce Section D Divison of Military Retirement Benefits In Divorce Section IV Subsection C Rivero State Bar Amicus Brief CONCLUSION Hitting the Jackpot in Pension Cases Secrets to Getting the Retirement Shar The Marren and Page Case List Lemkuil v Lemkuil The Marren and Page List Forrest v Forrest Rivero v Rivero Opinion Pickerings Conclusion Exhibits on Rivero Exhibit Three Section Four Divison of Military Retirement Benefits In Divorce Section X Subsection B Follow Up Orders The Basics of Jurisdiction a Remedial Course Divison of Military Retirement Benefits In Divorce Section C What Almost Happened to Child Support in Nevada and Why We Still Have to Fi Landreth and cohabitant relationship divisions The Marren and Page Case List Chesler v Chesler and Prins v Prins available at lvfamilylawyer.com by clicking above.

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