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law18-textbook-contents

Page history last edited by PBworks 17 years, 2 months ago

Table of Contents - Law 18 textbook

 

Contents

List of Figures

Preface

Acknowledgments

Chapter 1: Introduction to Family Law

Chapter Overview

A. The Approach to Family Law

B. Jurisdiction; Service of Process; Venue

1. Subject Matter Jurisdiction

2. Residence and Domicile

3. Personal Jurisdiction

4. Service of Process

5. Venue

6. Attacking the Judgment

C. Ethics and the Paralegal

D. The Family Code

E. Validity of Marriage

1. Generally

2. Confidential Marriages

Summary

Key Terms

Questions for Discussion

Chapter 2: Parents and Children

Chapter Overview

A. Introduction

B. Minors

1. Civil Liability Exposure

2. Contracts

3. Medical Treatment

4. Emancipation of Minors

C. parent and Child Relationships

1. The Paternity Action

2. Termination of Parental Rights

3. Adoption

4. Independent Adoptions

5. Adoption of Adults and Unmarried Minors

D. Custody and Visitation

1. Custody

a) Preliminary Considerations

b) Jurisdictional Considerations

c) The Uniform Child Custody Jurisdiction and Enforcement Act and Related Statutes

1) Jurisdictional Bases under the UCCJEA

d) Definitions

1) Legal and Physical Custody

2) Joint and Sole Custody

e) Statutory Considerations

f) Mediation and Conciliation

g) Temporary Custody Awards; Modification of Custody Awards

2. Visitation

a) Visitation Plans

b) Visitation Restrictions

c) Interference with Custody and Visitation

1) Relocation

2) Remedies for Frustration of Visitation

d) Nonparent Visitation

1) Grandparent Visitation

2) Stepparent Visitation

3) Other Visitation

4) Current State of the Law

e) Child Abuse

Summary

Key Terms

Questions for Discussion

Chapter 3: Support

Chapter Overview

A. Introduction

B. Child Support

1. Duty to Provide Support

2. Obtaining an Award of Child Support ? Statutory Considerations

3. Amount of the Award

a) Historical Perspectives

b) Current Law Concerning Guideline Child Support

c) Statutory Add-Ons and Deductions

d) Computer-Assisted Support Calculations

4. Additional Aspects of Child Support

a) Mandatory Health Insurance

b) Deferred Sale of Home Order

c) Expedited Child Support Order

d) Application of Case Law to Child Support Awards

C. Spousal Support

1. Preliminary Considerations

2. Factors Considered in the Award of Spousal Support

3. Structure of the Award

4. Temporary Support

5. Permanent Support

a) Amount

b) Substantive Stepdown

c) Jurisdictional Stepdown

d) Reservation of Jurisdiction

e) The Lengthy Marriage

6. Selected Issues Regarding Spousal Support

a) Cohabitation

b) Health Insurance

c) Security for the Payment of Spousal Support

D. Modification, Termination of Support

1. Child Support

a) Age of Majority

b) Emancipation of Minors Law

2. Spousal Support

3. Selected Procedural Aspects of Support Modification

Summary

Key Terms

Questions for Discussion

Chapter 4: Property Rights and Obligations

Chapter Overview

A. Introduction

B. General Concepts

C. Property in General

D. Characterization of Marital Property

1. Presumptions Concerning Characterization

2. Presumptions Concerning Property Held in Joint Form

3. Tracing

4. Transmutations

5. Personal Injury Awards

6. Earnings; Employment Benefits

7. Gifts and Inheritances

8. Rents, Income, and Profits

9. Community Contributions for Education and Training

10. Business Interests

11. Retirement Benefits

a) Types of Plans

b) Division of Retirement Benefits

c) Special Issues Regarding Retirement Benefits

1) Disability Pay

2) Joinder

3) Qualified Domestic Relations Order

E. Liability of Marital Property

1. Liability of Community Estate

2. Liability of Separate Property

3. Debt Liability Following Division of Property

4. Tort Liability

F. Management and Control of Marital Property

G. The Division of Marital Property

1. Dividing the Community Estate

2. Division of Retirement Plan Benefits

3. Dividing Debts and Liabilities

H. Special Issues Regarding Marital Property

1. Tracing and Commingling

2. Apportionment

a) Pereira and Van Camp

b) Moore/Marsden

3. Reimbursement Claims

4. Quasi-Community and Marital Property

Summary

Key Terms

Questions for Discussion

Chapter 5: The Litigation Process

Chapter Overview

A. Overview of the Litigation Process

B. The Initial Client Interview

C. Choice of Actions

1. Nullity

a) Void versus Voidable Marriages

b) Nullity Based on Void Marriage

c) Nullity Based on Voidable Marriages

d) The Putative Spouse

2. Dissolution and Legal Separation

3. Summary Dissolution

D. The Summons

E. The Initial Filing

1. The Petition and Response Forms

2. Additional Options Available to the Respondent

3. Filing and Service Requirement

F. Default and Uncontested Hearings

G. Contested Trials

H. Conciliation Proceedings

I. Mediation Proceedings

J. Parental Counseling

Summary

Key Terms

Questions for Discussion

Chapter 6: Resolving Issues Before Trial

Chapter Overview

A. Preliminary Considerations

B. The Order to Show Cause

1. The Face Sheet

2. The Application for Order and Supporting Declaration

3. The Income and Expense Declaration

4. Temporary Orders

C. The Noticed Motion

1. The Face Sheet

2. The Application for Order and Supporting Declaration

3. The Income and Expense Declaration

4. Points and Authorities

D. Responding to the OSC; Motion

E. Temporary and Ex Parte Orders

F. Domestic Violence Prevention Act

Summary

Key Terms

Questions for Discussion

Chapter 7: Enforcements

Chapter Overview

A. Introduction

B. Contempt

C. Enforcement of Support Orders

1. Earnings Withholding Order Support

2. Abstract of Judgment

3. Child Support Security Deposit

4. Order for Deposit of Assets

5. Notice of Delinquency

D. Uniform Interstate Family Support Act

E. Registration of Intercounty Support Orders

F. General Civil Debt Collection Methods

1. Writ of Execution

2. Abstract of Judgment (Civil)

3. Appointment of Receiver

4. Writ of Possession

5. Installation of a ?Keeper?

6. Debtor?s Examination

7. Wage Assignment (Civil)

G. Sister State Money-Judgments Act

Summary

Key Terms

Questions for Discussion

Chapter 8: Selected Issues

Chapter Overview

A. Attorney?s Fees and Costs

B. Prevention of Domestic Violence

C. Injunctions Prohibiting Harassment

D. Disclosure of Assets and Liabilities

E. Joinder

F. Employment Benefits

G. Discovery

1. Interrogatories

2. Document Inspection Demands

3. Depositions

4. Requests for Admissions

H. Bankruptcy

1. Generally

2. Family Law Context

I. Taxation

J. Marital Settlement Agreements

K. Collaborative Divorce

Summary

Key Terms

Questions for Discussion

Glossary

Organization of Family Code

Index

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