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Family Law Newsletters

Abortion Funding

The Medicaid program was initiated to provide federal financial assistance to states that chose to reimburse the costs of certain medical procedures to needy individuals. In 1976, the Hyde Amendment was passed. The Hyde Amendment severely limited the use of federal funds to reimburse for costs associated with abortions.

Application of the Indian Child Welfare Act

The Indian Child Welfare Act (ICWA) is a federal law that sets minimum standards for the removal of Native American children from their homes. The ICWA is designed to preserve and strengthen Native American families and culture.

Gifts in Contemplation of Marriage

What if a marriage between two parties never takes place? Is the donor or the giver of the gift permitted to recover the premarital gift given to the recipient, his or her future spouse? Whether or not the donor is entitled to recover the premarital gift depends upon the circumstances. If the gift was conditioned on the marriage, either explicitly or implicitly, then the donor may recover the gift depending upon the facts in the case.

Shared Parental Responsibility and Visitation

In a divorce proceeding, parents may consider sharing their parental responsibilities and visitation by entering into a shared or joint custody agreement. Shared custody is defined as an agreement by which the parents make arrangements to share the physical custody and control of the child as well as the legal, medical, financial, educational, emotional, and social responsibilities.

Taxation of Alimony or Separate Maintenance Payments

Alimony or separate maintenance payments that are made by an obligor spouse to an obligee spouse or to a third party on behalf of the obligee are deductible from the obligor’s income provided the payments are made pursuant to a written agreement that was executed after 1984 and subject to certain conditions.