ELEVEN YEAR INDEX: 1991-2001
Volume 2, Number 10 through Volume 13, Number 12

The following index covers all issues of Divorce Litigation written by the present editorial staff. Coverage begins with Volume 2, Number 10, dated January, 1991. Coverage ends with Volume 13, Number 12, dated December, 2001. This index is not available in print.

Entries in italics are short case notes; entries in normal type are full articles.

Volume 2 of Divorce Litigation, published in calendar year 1991, contained two separately-bound inserts with each issue: Equitable Distribution Alert and Community Property Alert. These inserts are noted in this index by the abbreviations EDA and CPA respectively. Both inserts were merged into the main volume of Divorce Litigation in January of 1992.

Printed copies of this index and individual back issues of Divorce Litigation are sold on a first-come, first-served basis at a cost of $12 each. If a given issue is out of print, a photocopy will still be available. Click here for ordering information.

Quick Index of Major Topic Headings

ABUSE AND NEGLECT PROCEEDINGS

Failure to provide medical treatment, dangerous and invasive procedure, June 1991, p. 34

Fetus as a "child," Jan. 2001, p. 16

Therapist-patient privilege, Dec. 2000, p. 250

Tort action, federal jurisdiction, July 1992, p. 149

ADOPTION

Adoption by Gay Couples, Jan. 1996, p. 15

Civil liability for failure to detect birth defect, Mar. 1991, p. 11

Gay petitioners, Jan. 2001, p. 15

Posthumous and Post-Incompetency Reproduction: Legal Ramifications for Family Law and for the Law of Probate, Apr. 2001, p. 68

Telling the Truth in Adoption Proceedings: Tort Actions for Wrongful Adoption, Jan. 1998, p. 11

Tort liability, failure to reveal mental illness, Sept. 1995, p. 203

The Unwed Biological Father's Right to Contest an Adoption: Further Reflections on Baby Richard et al., Jan. 1998, p. 1

ALIMONY

Asserting Claims of Support Against Inter Vivos and Testamentary Trusts, Jan. 1994, p. 1

Beyond the 1040: Finding Hidden Sources of Income for Support, May 1998, p. 81

Cohabitation and judicial bias, July 1991, p. 48

Counting What's Not There: Recent Case Law on Imputing Income in Spousal and Child Support Cases, Oct. 1992, p. 197

Death of obligor, May 1992, p. 107

Deferred lump-sum award, effect of remarriage, May 1994, p. 104

Defining Income and Expenses for Purposes of Spousal and Child Support, July 1995, p. 137

Disguised property division, percentage of pension, June 2001, p. 118

Doctrine of necessaries, constitutionality, Aug. 1993, p. 166

Dual offsetting awards, Aug. 2000, p. 170

Economic misconduct, transfer of assets to children, Aug. 1994, p. 167

The Effect of Artificially High and Low Marital Standards of Living on Spousal Support Awards, July 1997, p. 125

Enforcement

• Interstate Enforcement of Support: A Short Primer on Federal and Uniform Law, Part 1 of 2, Mar. 1997, p. 41
• Interstate Enforcement of Support: A Short Primer on Federal and Uniform Law, Part 2 of 2, Apr. 1997, p. 65
• Modification, personal jurisdiction, June 1993, p. 126
• The Uniform Interstate Family Support Act: 1999 Comprehensive Update, Sept. 1999, p. 173
• Using QDROs To Enforce Spousal and Child Support, Jan. 2001, p. 7

Escalator clause, validity, Apr. 1996, p. 80

Fault as a complete bar, EDA, July 1991, p. 27

Imputed Income, see Child Support

Maintenance, disabled husband, Jan. 1993, p. 20

Marital standard of living

• Pattern of saving, Aug. 2001, p. 155
• Reasonably normal hours, Feb. 1991, p. 11
• Time to determine, Apr. 1991, p. 9

Medical expenses, cosmetic surgery, Aug. 2000, p. 171

Military disability pay, Feb. 1991, p. 11

Modification

• Cohabitation by receiving spouse, Apr. 1993, p. 85
• Loss of military pension, June 1994, p. 128
• Order Registered under URESA, Jan. 1991, p. 11
• Post-divorce inheritance, Dec. 1991, p. 107
• Redefining Alimony in a Time of Transition: Recent Case Law Applying the Changed Circumstances Standard, Dec. 1992, p. 241
• Redefining Alimony in a Time of Transition: Recent Cases on the Modifiability of Spousal Support, Nov. 1994, p. 226
• Stipulation of non-modifiability, June 1991, p. 35

Once is not Enough: Dissolving a Second Marriage between the Same Spouses, July 1992, p. 143

Redefining Alimony in a Time of Transition: Recent Cases on the Law of Spousal Support, Nov. 1994, p. 221; Dec. 1994, p. 241

Regulating Marital Conduct: The Role of Fault In Spousal Support Cases, Aug. 1993, p. 159

Rehabilitative Alimony Reconsidered: The "Second Wave" of Spousal Support Reform, Oct. 1998, p. 185

Rehabilitative alimony, contribution to earning capacity, June 1993, p. 126

Reinstatement of Alimony upon Annulment of the Recipient Spouse's Remarriage, Apr. 1995, p. 83

The Relevance of Premarital and Postmarital Cohabitation in Awarding Spousal Support, July 1995, p. 150

Reopening judgment, fraud on the court, Dec. 2001, p. 251

Retirement

• Early retirement, May 1992, p. 107
• Early retirement, Dec. 2001, p. 250
• Retirement benefits, definition of income, Feb. 1996, p. 39
• The Effect of Retirement on Support Obligations, June 1996, p. 114

Reversal upon appeal, restitution, June 1993, p. 124

Social Security, Jan. 1991, p. 11

Spousal abuse, injunctive relief, double jeopardy, July 1993, p. 147

Spousal Support in the Wealthy Family: Enough Is Not Enough, Dec. 1997, p. 235

Stock Options as "Income" for Purposes of Spousal Support, Nov. 2000, p. 217

The Employability Experts Speak, Nov. 1998, p. 225

Temporary reduction, May 1991, p. 23

Termination

• Annulment of wife's remarriage, Jan. 1991, p. 10
• Cohabitation, Jan. 1991, p. 10
• Remarriage, time of termination, Jan. 2001, p. 16

Trust, authority to establish, Apr.2001, p. 70

ANTENUPTIAL AGREEMENTS

Antenuptial Agreements: Interpretation and Construction, Mar. 1991, p. 1

Enforceability, pleading and discovery, Nov. 1994, p. 238

Validity

• Attacking and Defending Antenuptial Agreements, Feb. 1991, p. 1
• Attacking and Defending Antenuptial Agreements: A 1993 Update, July 1993, p. 129; Aug. 1993, p. 49
• Disclosure, May 1997, p. 98
• Disclosure, June 2001, p. 118
• Duress, Feb. 1991, p. 11
• General validity, Jan. 1991, p. 10
• Lack of counsel, advice to seek counsel, Aug. 2001, p. 155
• Validity on divorce, Oct. 1991, p. 83

Voluntary Abandonment as a Defense to Enforcement of Antenupital Agreements, Jan. 1995, p. 14

Waiver of alimony, Feb. 1991, p. 11

Waiver, ERISA rights, Feb. 1997, p. 38

Waiver of pendente lite support, July 1997, p. 143

ATTORNEY AND CLIENT

Attorney-Client Privilege in E-Mail Communications, May 1998, p. 98

Attorneys' Fees

• Attorney's Fees Awards for Legal Services Organizations and Pro Bono Private Attorneys, Jan. 1997, p. 19
• Compensating the Family Law Lawyer: Final Attorney's Fees Awards in Domestic Relations Cases, Nov. 1996, p. 201
• Compensating the Family Law Lawyer: Temporary and Appellate Attorney's Fees Awards in Domestic Relations Cases, Dec. 1996, p. 221
• If It Walks Like a Duck, and Talks Like a Duck . . .: Contingency Fees and Results Bonuses in Divorce Practice, July 1998, p.138
• Pro bono, legal aid, indigency, Mar. 1995, p. 71
• Recent Case Law on Attorney's Fees Awards in Family Law Cases, June 1991, p. 25; July 1991, p. 37
• Why Can't I Collect My Fee? A Short Critique of How Attorneys and Judges Handle Attorney's Fees Issues, Dec. 1996, p. 229

Conflict of interest, representation in second divorce, Sept. 2001, p. 183

Contempt of court, harassment by attorney, Nov. 1995, p. 244

The Ethical Dilemma Posed by Surreptitiously Obtained Evidence, Dec. 1999, p. 252

Ethical violations

• Assault, May 1995, p. 114
• Between a Rock and a Hard Place: An Attorney's Duty to Report Child Abuse, July 1998, p. 125
• Conflict of interest, Mar. 1999, p. 60
• Ethical Considerations for an Attorney Dealing with a Pro Se Party, May 1998, p. 94
• Sex with clients, May 1995, p. 114
• Sex with clients, June 1993, p. 125
• Sex and the Bar: Ethical violations involving sexual relations between attorney and client, Nov. 1993, p. 223

Expert's fee awards and court-appointed experts, July 1991, p. 42

Equalizing Access to Expert Testimony: Expert's Fees Awards and Court-Appointed Experts, Jan. 1997, p. 13

Fee agreement, May 1991, p. 23

The Grieving Process in Divorce: A Paradigm for Family Law Attorneys, Jan. 1999, p. 9

Liability of an Attorney or Spouse for Torts Committed by a Private Detective, Dec. 1999, p. 247

Liability of One Spouse for Private Investigator Fees Incurred by the Other Spouse During Divorce Proceedings, Nov.1999, p. 231

Malpractice

• Attorney malpractice, Mar. 1993, p. 62
• Avoiding Attorney Malpractice in Drafting Separation Agreements, Mar. 1992, p. 57
• Inadequate settlement, Sept. 1995, p. 201
• Inadequate settlement, Apr. 1997, p. 83
• Malpractice Liability of a Guardian ad Litem, May 1995, p. 107
• Negligent advice to settle, Mar. 1999, p. 60
• Separation agreement, omission of cohabitation clause, Sept. 1993, p. 187 Sex and the Bar: An Update on Malpractice Liability, May 1997, p. 96
• Update: Attorney Malpractice in Recommending Settlement, Aug. 1992, p. 170

Pro bono attorneys, Apr. 1991, p. 9

Recovery of Emotional Distress Damages in Domestic Relations Attorney Malpractice Actions, Jan. 1994, p. 6

Recovery of Results Bonuses in Florida Under Post- Rosen Case Law, Nov. 1997, p. 216

Reopening decree, attorney's relationship with client, May 1997, p. 100

BANKRUPTCY

1998 Bankruptcy Update, Nov. 1998, p. 222

Automatic temporary stay, alimony, Feb. 1991, p. 12

Avoidance of lien on marital home, June 1991, p. 33

Bankruptcy and Divorce, Feb. 1993, p. 21

Bankruptcy, classification as alimony, quasi-estoppel, June 1994, p. 127

Dischargeability of alimony present needs test, Dec. 1993, p. 247

Dischargeability of Deferred Distribution Pension Awards Under Federal Bankruptcy Law, June 1994, p. 118

The Effect of the Automatic Stay on Domestic Action in State Courts, Feb. 1993, p. 36

Equitable distribution, automatic stay, Aug. 1992, p. 172

The Intersection of Bankruptcy and Divorce For Divorce Practitioners, Oct. 2001, p. 186

Modification of Spousal Support After Discharge in Bankruptcy of Property Settlement Obligations, Feb. 1993, p. 32

Order to pay debts, Dischargeability, June 1991, p. 34

Property and Support Obligations in Bankruptcy Cases, Feb. 1993, p. 22

A Quick Overview of the Bankruptcy Reform Act of 1994, Nov. 1994, p. 217

Rehabilitative alimony, modification, bankruptcy, Feb. 1994, p. 37

CHILD CUSTODY

Appeal, staying of trial court's order, May 1991, p. 23

Child born out of wedlock, Father's right to custody, June 1991, p. 34

Cohabitation and judicial bias, July 1991, p. 48

Discovery of a Party's Mental Health Records, Oct. 1995, p. 219

Domestic Violence: The Special Challenge in Custody and Visitation Dispute Resolution, Aug. 1998, p. 141

Duty to nurture relationship with custodial parent, Sept. 1991, p. 71

Education of child, rights of custodial parent, Jan. 1994, p. 18

The Effect of Incarceration on a Divorced Parent's Rights and Obligations, Apr. 1994, p. 65

Effect of remarriage, Apr. 2001, p. 71

Evidence, child abuse, Jan. 1991, p. 10

International Abduction

• Five Tips to Prevent International Child Abduction, Nov. 1998, p. 230
• Hague Convention, Grave risk of harm, Dec. 1992, p. 260
• Operation and Enforcement of the Hague Convention on the Civil Aspects of International Child Abduction, Apr. 1995, p. 73
• Operation and Enforcement of the Hague Convention on the Civil Aspects of International Child Abduction, June 1997, p. 101
• Postremoval conduct, June 2001, p. 117
• Recent Cases Interpreting the Hague Convention on the Civil Aspects of International Child Abduction, July 2001, p. 121
• Wrongful removal, Mar. 1991, p. 12
• Younger abstention, Sept. 2001, p. 182
• Younger Abstention and the Hague Convention on the Civil Aspects of International Child Abduction, Dec. 2001, p. 244

Joint Custody

• Joint Child Custody in the 1990s: The Concept in Practice, Feb. 1994, p. 21; Mar. 1994, p. 41
• Joint Child Custody in the 1990s: Parental Relocation, Oct. 1994, p. 193
• Joint legal custody, agreement of parents, May 1991, p. 22

Jurisdiction

• Deciding Who Decides: A Critical Review of the Law of Jurisdiction in Child Custody Cases, Aug. 1992, p. 153; Sept. 1992, p. 177
• Declining jurisdiction, Apr. 1991, p. 8
• Emergency, Dec. 1991, p. 107
• Emergency, Dec. 1993, p. 247
• Emergency, May 1996, p. 99
• Inconvenient forum, Sept. 1991, p. 71
• Modification action, May 1994, p. 105
• Pending proceeding, Feb. 1993, p. 39
• Personal jurisdiction, June 1991, p. 33
• Required information, Apr. 1991, p. 7
• Reversal without request, Feb. 1992, p. 42
• Significant connection, Mar. 1991, p. 10
• Significant connection, Jan. 2001, p. 14
• Simultaneous proceedings, Feb. 1991, p. 12
• The UCCJA and the UCCJEA: A Side-by-Side Comparison, Dec. 1998, p. 233

Malpractice Liability of a Guardian ad Litem, May 1995, p. 107

Modification

• Automatic future change, Aug. 1993, p. 167
• Defamation of noncustodial parents, Oct. 1991, p. 84
• Denial of visitation, Feb. 1994, p. 38
• Denial of visitation, Feb. 1996, p. 39
• Freedom of religion, Nov. 1993, p. 227
• Home schooling, Aug. 1994, p. 166
• Home schooling, Jan. 1996, p. 20
• Notice, Mar. 1991, p. 11
• Remarriage of parent and separation of siblings, Nov. 1994, p. 240
• Removal from school, Sept. 1991, p. 71
• Split custody, May 1995, p. 114

Nonparents, Jan. 1991, p. 10

Parental unfitness, lesbian mother, Aug. 1994, p. 166

Primary caretaker presumption, Aug. 1993, p. 167

Parent Coordinators: An Effective New Tool in Resolving Divorce Conflict, Mar. 2000, p. 55

Parents' Ability and Willingness to Cooperate: "The Friendly Parent Doctrine" as a Most Important Factor in Recent Child Custody Cases, Apr. 1998, p. 65

The Relevance of Adultery and Extra-Marital Sexual Conduct in Custody and Visitation Cases, Sept. 1997, p. 165

The Relevance of Passive Smoke in Child Custody and Visitation Cases, Oct. 1994, p. 211

Religion

• The Court's Role in a Child's Religious Upbringing, Jan. 1993, p. 11
• Father's affiliation with cult, Sept. 2001, p. 182
• Postdivorce Disputes Concerning the Religious Upbringing of Children, July 1997, p. 135
• Religious education, oral agreement, June 1996, p. 120

Relocation of the Custodial Parent

• Best interests of child, Aug. 2001, p. 154
• Employment-related relocation, Apr. 2001, p. 70
• Gender bias, Aug. 2001, p. 154
• Joint Child Custody in the 1990s: Parental Relocation, Oct. 1994, p. 193
• Joint custody, Feb. 1992, p. 42
• The Price of Stability: Recent Case Law on Relocation of the Custodial Parent, Aug. 1991, p. 49
• Standard of Proof, Sept. 1992, p. 196
• Stabilizing Families in a Mobile Society: Recent Case Law on Relocation of the Custodial Parent, Aug. 1996, p. 141
• Stability, June 2001, p. 117

Separation of siblings, Jan. 2001, p. 14

Standing

• Foster parents, Sept. 1991, p. 70
• Stepparents, Feb. 1991, p. 12

State-by-State Treatment in Custody Statutes of Moral Conduct and Character, Sept 1997, p. 178

Stepparents

• Stepparent's Right to Request Custody or Visitation: Standing, Oct. 1996, p. 194
• The Rights, Duties, and Responsibilities of Stepparents to Their Stepchildren: Custody and Visitation, Oct. 1996, p. 185
• Standing, Feb. 1991, p. 12

Third Parties

• Burden of proof, established custodial environment with grandparents, Sept. 2001, p. 182
• Custody Disputes Between Parents and Third Parties, May 1996, p. 81
• Standard of proof, Aug. 1995, p. 180

Treatment for mental illness, Jan. 1993, p. 19

CHILD SUPPORT

Adult Disabled Children

• Application of guidelines, June 2001, p. 119
• The Duty to Support Adult Disabled Children, Oct. 1997, p. 185
• Support for Adult Disabled Children: A State-by-State Survey, Oct. 1997, p. 192

Agreement, reduced support in exchange for consent to adoption, Apr. 2001, p. 71

A Shift in the Ruling Paradigm: Child Support as Outside the Contours of "Family Law," May, p. 77

Attorney and client, advice not to pay, Feb. 1991, p. 12

Beyond the 1040: Finding Hidden Sources of Income for Support, May 1998, p. 81

Constitutionality of the Child Support Recovery Act, Dec. 1996, p. 23

Child Support Guidelines

• Applying and Interpreting Child Support Guidelines: A 1992 Update, Jan. 1992, p. 3
• Business expenses, May 1997, p. 99
• Changed circumstances, Feb. 1992, p. 42
• Child Support Guidelines and the High Income Parent: A Nationwide Survey of Approaches, Jan. 1995, p. 9
• Child Support Guidelines and the High-Income Parent: The Use of the Good Fortune Trust, May 1997, p. 92
• Child Support Guidelines and the Low-Income Parent, Mar. 1996, p. 41
• Child Support Guidelines and the Shared Custody Dilemma, Nov. 1998, p. 213
• Child Support Guidelines: Deviating For Private School Expenses, Aug. 1999, p. 166
• Child Support Guidelines: Interpretation and Application, Jan. 1991, p. 1
• State Child Support Guidelines: Treatment of Low-Income Parents, Mar. 1996, p. 44
• Combined incomes above guidelines maximum, Apr. 1994, p. 85
• Constitutionality, Mar. 1999, p. 62
• Counting What's Not There: Recent Case Law on Imputing Income in Spousal and Child Support Cases, Oct. 1992, p. 197
• Depreciation, July 1997, p. 143
• Deviation From State Child Support Guidelines, June 1995, p. 117
• Extraordinary expenses, private school, Apr. 2000, p. 76
• Florida Child Support Guidelines and the High Income Parent, Apr. 1995, p. 94
• Fringe benefits, May 1995, p. 115
• High-income parents, reasonable needs of children, July 1994, p. 144
• Income from second job, May 1995, p. 115
• Income off the Chart, Oct. 1992, p. 218
• Incomes above the guideline maximum, June 1991, p. 34
• Inheritances as "Income" for Purposes of Child Support, Jan. 2000, p. 11
• Interest on IRAs as "Income" for Purposes of Child Support, Jan. 2000, p. 13
• Personal injury settlement, May 1995, p. 115
• The Price of Affluence: Child Support Guidelines and the High Income Parent, Jan. 1995, p. 1
• Retirement benefits, May 1997, p. 99
• Royalties as "Income" for Purposes of Child Support, Feb. 2000, p. 36
• Stock Options as "Income" for Purposes of Child Support, Nov. 2000, p. 213
• Unexercised stock options, Mar. 1999, p. 61
• The Use of Economic Data in Child Support Guidelines: The United States Department of Agriculture's Expenditures on Children, Feb. 1999, p. 33
• Validity, Jan. 1991, p. 10
• Visitation expenses, May 1995, p. 115

Child Support Roundup, Oct. 1999, p. 210

Cohabitation and judicial bias, July 1991, p. 48

College Tuition

• Allocation between parents, Dec. 1992, p. 261
• Child Support Guidelines, May 1995, p. 115
• Constitutionality, Apr. 1991, p. 9
• Constitutionality, Nov. 1995, p. 244
• Constitutionality, Apr. 2001, p. 71
• Father's ability to pay, Sept. 1995, p. 202
• Fraternity dues and parking tickets, Jan. 2001, p. 15
• From Child to Adult: Parental Liability for Support of College-Age Children, Sept. 1993, p. 169
• Modification for changed circumstances, June 2001, p. 119
• Selection of college, Jan. 2001, p. 14

Dependency exemption, allocation, Aug. 2000, p. 170

Educational expenses, constitutionality, Sept. 1994, p. 191

The Effect of Retirement on Support Obligations, June 1996, p. 114

Emancipation

• Age of Emancipation: A State-by-State Survey, Jan. 2000, p. 8
• Collection of Child Support Arrearages After Majority: The Availability of Contempt Proceedings And Other Remedies, Mar. 1993, p. 49
• Emancipation, effective date of termination, June, p. 119
• What Constitutes Emancipation to Release a Parent from a Child Support Obligation, Jan. 2000, p. 1

Enforcement

• A Guide to Child Support Enforcement Against Military Personnel, Sept. 2000, p. 173
• Arrearages, factual hearing, Dec. 1992, p. 262
• Arrearages, limitations, June 1994, p. 127
• Child Support Enforcement in the United States: The Role of the Private Bar, Aug. 2000, p. 153
• Child Support Recovery Act, July 1997, p. 143
• Child Support Recovery Act, Constitutionality, Mar. 1999, p. 62
• Collection of Child Support Arrearages After Majority: The Availability of Contempt Proceedings And Other Remedies, Mar. 1993, p. 49
• The Concealment of the Child as a Defense to Child Support, Sept. 1994, p. 169
• Concealment of Child, post-Damico cases, Mar. 1995, p. 72
• Concealment of child, Feb. 1997, p. 39
• Death of obligor, Mar. 1991, p. 11
• Death of obligor, May 1992, p. 107
• Deliberate concealment of child, May 1991, p. 22
• Estoppel, Sept. 1993, p. 186
• The Federal Consumer Credit Protection Act and Garnishment for Support, Aug. 2001, p. 148
• The Federal Parent Locator Service: A Powerful, Low-Cost Discovery Tool, Apr. 1999, p. 67
• Garnishment, Social Security, Mar. 1991, p. 11
• Interstate Enforcement of Support: A Short Primer on Federal and Uniform Law, Part 1 of 2, Mar. 1997, p. 41
• Interstate Enforcement of Support: A Short Primer on Federal and Uniform Law, Part 2 of 2, Apr. 1997, p. 65
• Enforcement, laches, Apr. 2000, p. 75
• New Mechanisms for Child Support Enforcement Under the Personal Responsibility and Job Opportunity Reconciliation Act
• New Standardized Income Withholding Forms: A New Tool to Enforce Child Support, Mar. 2000, p. 52 of 1996 (Welfare Reform Act), Apr. 1997, p. 80
• State Child Support Programs: Necessity Inspires Ingenuity, Apr. 1999, p. 71
• States Get Creative with Child Support Enforcement, Apr. 1999, p. 80
• Statutes of Limitations and Laches As Defenses to an Action for Child Support Arrearages, Mar. 1995, p. 49
• Statutory rape, Feb. 1997, p. 39
• UIFSA, Effect of registration, Jan. 2001, p. 15
• UIFSA and Statutes of Limitations, Jan. 2001, p. 1
• The Uniform Interstate Family Support Act: 1999 Comprehensive Update, Sept. 1999, p. 173
• Using QDROs To Enforce Spousal and Child Support, Jan. 2001, p. 7

Examining the Link Between Access to Children and Payment of Support, May 1999, p. 85

Full faith and credit, Age of majority, Nov. 1991, p. 95

Grandparents

• Fork It Over, Granny: The Child Support Obligations of Grandparents, July 1999, p. 129

Government benefits, credit, Apr. 1991, p. 9

The Impact of the Allocation of the Federal Child Dependency Tax Exemption on Child Support, Mar. 1996, p. 55

Imputed income

• Adverse inference from assertion of Fifth Amendment, Dec. 2001, p. 249
• Change of residence, Nov. 1995, p. 244
• Child-care Expenses, July 1997, p. 144
• Counting What's Not There: Recent Case Law on Imputing Income in Spousal and Child Support Cases, Oct. 1992, p. 197
• Custodial parent, Apr. 1994, p. 85
• Duty to move out of state to find work, Feb. 1997, p. 40
• The Employability Experts Speak, Nov. 1998, p. 225
• Employment after schooling, Apr. 2000, p. 76
• Imputed Income: 1995 Comprehensive Update, Feb. 1995, p. 29
• Imputing Income to the Spiritually Minded, Mar. 2000, p. 49
• Incarceration, Aug. 2001, p. 153
• Income from real property, Aug. 2001, p. 153
• Modification, Nov. 1991, p. 95
• Presumptive effect of social security administration ruling on disability, Sept. 2001, p. 182
• Religious scholar, July 1993, p. 146
• Tax filing status, Aug. 2001, p. 153
• Underperforming investments, June 2000, p. 117
• Update: Imputed Income, Oct. 1993, p. 206
• Voluntary change of employment, Sept. 1995, p. 201
• Work history, Aug. 2001, p. 152

Incarcerated parent, voluntary versus involuntary separation, Mar. 1995, p. 71

Incarceration, involuntary, Mar. 1995, p. 71

Incarceration of obligor parent, Mar. 1993, p. 61

Income

• Arrearages for other children, Aug. 2001, p. 153
• Gifts from third parties, Oct. 1996, p. 198
• Insurance, May 1991, p. 23
• Mortgage payments, June 1991, p. 34
• Net income, deductions for military allowances, Dec. 1994, p. 263
• Proceeds from sale of home, Aug. 2001, p. 153
• Proving Income by Expenditure and Life-Style, Sept. 2001, p. 169
• Second spouse, Nov. 1994, p. 239
• Stock options as income, Dec. 2001, p. 248
• Trust distributions, Aug. 2001, p. 153
• Update: Stock Options as Income for Purposes of Child Support, Dec. 2001, p. 240

Income tax dependency exemption, Sept. 1991, p. 70

Issues Arising Between Spouses Where a Spouse Is Incarcerated Either Before or After Entry of a Divorce Decree, Aug. 1994, p. 157

Jurisdiction

• Federal jurisdiction, interpleader action, conflicting child support orders, Feb. 1994, p. 38
• Federal Legislation Update: The Full Faith and Credit for Child Support Orders Act, Jan. 1995, p. 23
• URESA, jurisdiction, Jan. 1993, p. 18

Modification

• Agreement-based Support, needs of child, Apr. 2000, p. 75
• Abuse of prescription drugs, June 2001, p. 119
• Choice of Law Principles in Child Support Modification

  Cases, July 1998, p. 121

• Child's social security, Aug. 2001, p. 152
• Discharge of property division in bankruptcy, June 2001, p. 119
• Incarceration, May 1991, p. 22
• Incarceration, May 1996, p. 100
• Interference with Parental Rights of Noncustodial Parent as Grounds for Modification of Child Custody, Jan 1997, p. 1
• Lack of visitation, Aug. 1994, p. 168
• Loss of trucking license, June 2001, p. 120
• Jurisdiction, Aug. 1996, p. 163
• Medical expenses, Dec. 1992, p. 262
• Order Registered under URESA, Jan. 1991, p. 11
• Personal jurisdiction, Nonsupport, Oct. 1991, p. 83
• Qualified Medical Child Support Orders, Mar. 1994, p. 58
• Parental alienation, Nov. 1997, p. 218
• Passive smoke, May 1997, p. 99
• Relationship with child, June 1991, p. 33
• Retroactive Awards of Child Support, Oct. 1994, p. 204
• Retroactive increase, May 1992, p. 126
• Retroactive recovery of prior reduction, Jan. 1994, p. 20
• Retroactivity, July 1991, p. 47 Social security, offset, Jan. 2001, p. 14

A New Paradigm for the Representation of Children: The Kindercentric Model, Dec. 1997, p. 221

Overpayment, mistake by attorney, Apr. 2000, p. 75

Paternity Support Retroactivity and Statutes Of Limitation, Dec. 1999, p. 237

Stepparents

• Duty to support, Oct. 1996, p. 200
• Liability, Sept. 1991, p. 70
• The Rights, Duties, and Responsibilities of Stepparents to Their Stepchildren, Sept. 1996, p. 165

Whose Money Is It, Anyway? A Custodial Parent's (Non)Duty to Account for Child Support, Apr. 2000, p. 57

COHABITATION

Contract, enforceability, May 1997, p. 99

Drafting Cohabitation Agreements, Oct. 1993, p. 189

Homosexuality, decedent's last wishes, standing to oppose family, Nov. 1993, p. 227

The Relevance of Premarital Cohabitation in Dividing Property upon Divorce, Nov. 1994, p. 233

Rights and Remedies of Cohabitating Couples Upon Termination of the Relationship, Oct. 1992, p. 209

Sample Provisions For Same-Sex Domestic Partnership Agreements, July 2001, p. 127

COMMON LAW MARRIAGE

Interstate Recognition of Common Law Marriages, Apr. 1992, p. 77

Interstate Recognition of Common Law Marriages, Oct. 1997, p. 193

Validity, Nov. 1991, p. 95

COMMUNITY PROPERTY

See Property Division.

CUSTODY

See Child Custody.

DIVORCE

Abandonment, consent, Sept. 1995, p. 203

Abatement

• Abatement of Divorce and Ancillary Proceedings upon the Death of a Party, Feb. 1997, p. 25
• Abatement, Mar. 1998, p. 54
• Death after separation, Apr. 2000, p. 74
• Escrow funds, July 1994, p. 158
• Settlement agreement, Mar. 1994, p. 63

Butler v. Butler: The Divorce Scenario, Apr. 2000, p. 71

Can't We All Just Get Along? Fault-based Divorces in the 1990s, May 1995, p. 97

Choice of law, foreign country law, Apr. 2001, p. 70

Clinton v. Clinton, The Divorce Scenario, Apr. 2000, p. 68

Collaborative Divorce: A Short Overview, Apr. 2001, p. 68

Constructive desertion, bar to alimony, June 1993, p. 124

Cruelty, wiretapping, Dec. 1991, p. 107

A Few Tips for Divorcing the Elderly, Aug. 2001, p. 150

Incurable insanity, Aug. 1994, p. 167

Life Insurance and Divorce: Till Death Do Us Fight, Sept. 1997, p. 180

Limitation by separation agreement, May 1995, p. 115

Mentally Incompetent Spouses as Parties to Divorce Actions, Mar. 1997, p. 52

Private Investigators

• Admissibility and Weight of a Private Investigator's Testimony in a Divorce Case, Nov. 1999, p. 218
• Private Investigators in Divorce Cases: An Investigator's Viewpoint, Mar. 2000, p. 38
• Liability of One Spouse for Private Investigator Fees Incurred by the Other Spouse During Divorce Proceedings, Nov.1999, p. 231

The Role of the Judge in Pro Se Litigation, June 1998, p. 115

Recognition of Foreign Country Divorce Decrees Pursuant to the Doctrine of Comity, Apr. 1996, p. 61

Reopening, extrinsic fraud, Aug. 2000, p. 171

The Ten Commandments of Domestic Negotiations, Sept. 2001, p. 175

DIVORCE PROCEDURE

Discovery

• Computer files, May 1997, p. 100
• Discovery and Admissibility of Electronic Evidence, Sept. 2001, p. 157
• The Law of Discovery: Limitations on scope and sanctions for non-compliance, May 1991, p. 13
• Supplemental Notes on Discovery and Admissibility of Computer Evidence, Sept. 2001, p. 16
• Taking the First Step: The Law of Discovery in Divorce Proceedings, Apr. 1991, p. 1

Domicile, military spouse, Mar. 1994, p. 63

Fifth Amendment Issues in Divorce Cases, Jan. 1994, p. 15

Evidence

• The Admissibility and Relevance of Prior Bad Acts in Child Custody Cases, Apr. 1996, p. 73
• Admissibility and Weight of a Private Investigator's Testimony in a Divorce Case, Nov. 1999, p. 218
• Discovery and Admissibility of Electronic Evidence, Sept. 2001, p. 157
• The Ethical Dilemma Posed by Surreptitiously Obtained Evidence, Dec. 1999, p. 252
• Expert testimony, general standard, Mar. 1999, p. 59
• Interfamilial Wiretapping and Surveillance, Dec. 1996, p. 235
• Supplemental Notes on Discovery and Admissibility of Computer Evidence, Sept. 2001, p. 16
• Wiretapping, vicarious consent for children, Sept. 2001, p. 183

Expert witness fees, non-testifying expert, Aug. 2001, p. 154

Jurisdiction

• Marital status, Mar. 1992, p. 61
• Pursuing the Divisible Divorce: Recent Case Law on State Court Jurisdiction in Divorce Cases, July, p. 125
• In rem action, Mar. 1998, p. 54
• see also Child Custody, Property Division

Liability of One Spouse for Private Investigator Fees Incurred by the Other Spouse During Divorce Proceedings, Nov.1999, p. 231

The Lock on the Bedroom Door: Media Access to Hearings and Records in Divorce Cases, Mar. 1995, p. 60

Wiretapping

• Interspousal Wiretapping, May 1994, p. 102
• Wiretapping, Mar. 1991, p. 12
• Federal statute, Jan. 1994, p. 19
• Vicarious consent, July 1997, p. 143

See Property Division.

FROM THE EDITOR

Introduction, Jan. 1991, p. 1

Introduction, Jan. 1992, p. 1

HUSBAND AND WIFE

Boys Will Be Boys: Littleton v. Prange, Oct. 1999, p. 209

MARRIAGE

Editorial: A Short Critique of the Defense of Marriage Act, July 1996, p. 135

PARENT AND CHILD

The Authority of a Stepparent to Discipline a Stepchild, July 1999, p. 146

The Duty of Adult Children to Support Their Parents, Sept. 1996, p. 177

Table of Filial Support Statutes, Sept. 1996, p. 178

Elder support, neglect, May 1997, p. 100

PARENTAL RIGHTS

Custodial Parent's Right to Expose Children to Religion, May 1995, p. 114

Medical records, Jan. 1991, p. 10

Name of child, Mar. 1991, p. 11

Termination

• Failure to stop other parent's abuse, June 1993, p. 125
• Minors, standing to petition, Nov. 1993, p. 227

PATERNITY

Artificial insemination, consent by non-father, Dec. 2001, p. 248

Blood tests

• Attacking Blood Tests in Paternity Cases, May 1991, p. 89
• DNA Testing, Sept. 1991, p. 70
• Hearsay, HLA test report, Mar. 1993, p. 62
• Other child of father, Dec. 1991, p. 107
• Standard for Admission, July 1993, p. 146
• Sufficiency of evidence, Feb. 1991, p. 12

Equitable adoption, stepparent, termination of parental rights, Apr. 1993, p. 86

It's Ten O'Clock: Do You Know Where Your Sperm Are? Toward a Strict Liability Theory of Parentage, Jan. 1999, p. 1

Equitable Estoppel

• Extramarital affair, Dec. 1993, p. 248
• The Power of Positive Parenting: Equitable Estoppel in Paternity Cases, May 1992, p. 95
• Stepfather's rights, Oct. 1991, p. 84
• Treatment as husband's child, Aug. 2001, p. 155

Limitations

• Constitutionality, Feb. 1991, p. 12
• Constitutionality, Mar. 1991, p. 11
• Paternity Support Retroactivity and Statutes Of Limitation, Dec. 1999, p. 237

Motion to reopen divorce decree, blood tests, Apr. 2001, p. 70

Res Judicata

• Effect, Jan. 1991, p. 10
• The Preclusive Effect of Paternity Findings in Divorce Decrees, Dec. 1993, p. 229
• The Preclusive Effect of Paternity Findings in Divorce Decrees, Sept. 1998, p. 169
• Prior divorce decree, June 1994, p. 126

The New Uniform Parentage Act (2000): Parenting For The Millennium, Mar. 2001, p. 41

Right to effective counsel, Feb. 1991, p. 12

Standing

• Mother in intact marriage, Dec. 2001, p. 250
• Putative father, Jan. 1996, p. 20

POSTNUPTIAL AGREEMENTS

Validity, public policy, Mar. 1992, p. 62

PROPERTY DIVISION

Accumulated leave time, EDA, Oct. 1991, p. 43

Appreciation of Separate Property

• Appreciation, Dec. 1996, p. 237
• Applying the active/passive test, EDA, Jan. 1991, p. 1; EDA, Feb. 1991, p. 1
• The Benefits of Prosperity: Classification and Division of the Appreciation of Separate Property, May 1993, p. 89
• The Benefits of Prosperity: Classification and Division of the Appreciation of Separate Property, June 1993, p. 109
• Burden of proof, EDA, Dec. 1991, p. 56
• The Coming Crisis in Florida Law Over the Doctrine of Unitary Appreciation, May, p. 94
• Community home on separate lot, Apr. 1992, p. 87
• Community investment in separate property, CPA, Jan. 1991, p. 1
• Distinguishing Between Active and Passive Appreciation in Separate Property: A Suggested Approach, May, p. 73
• The Effect of Improvements upon Classification of Hybrid Property in Equitable Distribution Cases, Feb. 1999, p. 38
• Marital Contributions to Property Owned by a Third Party: Distribution Upon Divorce, Mar. 1993, p. 41
• Third-party efforts, Mar. 1997, p. 63

Bankruptcy, effect of, Feb. 1992, p. 41

Bifurcation, unnecessary delay, June 1991, p. 18

Book Review: Equitable Distribution of Property (2d Edition), Jan. 1995, p. 25

Blended Families in the 1990s: Property Division Issues Involving Nonmarital Children, June 1997, p. 115

Civil Service Retirement Benefits

• Civil service, EDA, Jan. 1991, p. 3
• Classification of Civil Service Retirement Benefits, Sept. 1992, p. 189
• See also Retirement Benefits

Closely held corporation, substitute maintenance, June 1993, p. 125

Cohabitation

• Cohabitation, Sept. 1991, p. 70
• The Relevance of Premarital Cohabitation in Dividing Property upon Divorce, Nov. 1994, p. 233

Common-law Fraud as a Remedy for Asset-Related Misconduct, Oct. 1995, p. 205

Community property, inheritance, Apr. 2001, p. 70

Community Property, waiver by agreement, CPA, Jan. 1991, p. 4

Community torts, time of determination, CPA, Mar. 1991, p. 4

Contingent Fees

• Contingent Fee Arrangements in Property Division Cases, May 1992, p. 103
• Contingent fees, EDA, Feb. 1991, p. 4
• Division upon divorce, Nov. 1993, p. 217

Date of classification, Mar. 1993, p. 61

Debts

• Attorney's fees, CPA, Feb. 1991, p. 4
• Burden of proof, CPA, Mar. 1991, p. 4
• Classifying and Valuing Marital Debts, EDA, July 1991, p. 22; Aug. 1991, p. 29
• Community and Separate Debts, CPA, May 1991, p. 5
• Division Of Student Loans in Divorce Cases, Mar. 2001, p. 52
• Interspousal obligations, Mar. 1996, p. 59
• Late filing of income tax return, Apr. 2000, p. 74

Degrees and Licenses

• Compensating the Nonstudent Spouse in Degree Cases: The Remedy of Equitable Restitution, Sept. 1992, p. 192
• Degrees and Licenses, June 1992, p. 126
• The Diploma Dilemma: Equitable Distribution and Professional Degrees, EDA, Oct. 1991, p. 42; EDA, Nov. 1991, p. 45
• Merger of Professional Degrees into Professional Careers Under New York Equitable Distribution Law, Mar. 1996, p. 52

Disability Benefits

• Classification of Disability Benefits, CPA, Sept. 1991, p. 1
• Disability benefits, Sept. 1991, p. 70

Discovery and enforcement, CPA, Jan. 1991, p. 3

Dissipation of assets

• Burden of proof, Jan. 1995, p. 26
• Burden of proof, EDA, Jan. 1991, p. 3
• Common-law Fraud as a Remedy for Asset-Related Misconduct, Oct. 1995, p. 205
• Drug addiction, EDA, July 1991, p. 26
• Excessive business expenses, CPA, Dec. 1991, p. 36
• Gambling, EDA, Jan. 1991, p. 4
• Good-faith attempt to save business, EDA, July 1991, p. 26
• Here Today, Gone Tomorrow: Identification and Division of Dissipated Marital Assets, Feb. 1996, p. 21
• Identification and division of assets, EDA, Oct. 1991, p. 37
• Living expenses, Dec. 1992, p. 261
• Mismanagement of business, Apr. 1993, p. 85
• Nonmarital property, EDA, Jan. 1991, p. 3
• Preliminary Injunctions Against Dissipation of Marital Assets, Sept. 1994, p. 184
• Time period, EDA, Feb. 1991, p. 4
• Unearned salary, Sept. 1991, p. 70
• Unequal division, Mar. 1992, p. 64
• Unequal division, Apr. 1993, p. 84
• Violation of pretrial injunction, July 1994, p. 144

Division Stage

• Beyond the Marital Partnership Theory: The Role of Need and Fault in Equitable Distribution of Marital Property, July 1992, p. 129
• Domestic Violence as a Factor in Distributing Property upon Divorce, Mar. 1998, p. 41
• Fault, Aug. 1992, p. 172
• Fault as a complete bar, EDA, July 1991, p. 27
• Fault, Increased risk of AIDS, EDA, June 1991, p. 18
• Fault, refusal to have children, Mar. 1991, p. 61
• Future financial needs, disabled spouse, Nov. 1994, p. 239
• Marital misconduct, Aug. 1994, p. 179
• Measuring the Unmeasurable: Recent Case Law on Equitable Distribution of Marital Property, June 1992, p. 109
• Postseparation income, distribution factor, Jan. 1993, p. 19
• Short marriage, Aug. 1994, p. 168
• Support obligation from prior marriage, June 1998, p. 117

Eating Jello with Chopsticks: The Elusive Concept of Separate Property in Michigan, June, p. 114

Employee stock ownership plan, contingent benefits, CPA, Aug. 1991, p. 20

Employment bonuses, EDA, Mar. 1991, p. 7

Encumbrance of real property, Sept. 1991, p. 24

Enforcement, CPA, Mar. 1991, p. 4; CPA, Aug. 1991, p. 20

Failure to request in answer, reopening of decree, Oct. 1994, p. 214

Federal income tax exemption, allocation, June 1991, p. 45

Formation of close corporation, EDA, Apr. 1991, p. 4

Fraudulent conveyance, separate property, CPA, May 1991, p. 8

Fraudulent Conveyance Statutes as a Remedy for Dissipation of Marital Assets, Mar. 1996, p. 45

Frequent Flyer Benefits

• Division of Frequent Flyer Benefits in Divorce Cases, July 1999, p. 148
• The Editors' MailBox: Division of Frequent Flyer Benefits, Aug. p. 171
• Frequent Flyer Miles Update, Nov. 1999, p. 236

Gifts

• Gifts and Inheritances as Community Property, CPA, Dec. 1991 p. 33
• Distribution from trust, Nov. 1997, p. 218
• Donative intent, Nov. 1993, p. 228
• The Effect of Interspousal Transfers upon Classification of Separate Property in Divorce Cases, Jan. 1996, p. 1
• Forgiveness of debt, Aug. 1991, p. 20
• Gifts, EDA, Jan. 1991, p. 3
• Joint title, unequal division, July 1996, p. 139
• Interspousal gifts, Apr. 1992, p. 87
• Interspousal conveyances, July 1999, p. 153
• Property acquired for minimal consideration, CPA, Sept. 1991, p. 24
• Rebutting the Joint Title Gift Presumption in West Virginia, Feb. 1996, p. 37
• Transfer from parents, July 1996, p. 140
• Wedding gift, Feb. 1994, p. 36
• With This Ring: Possession of Engagement and Wedding Rings upon Termination of the Relationship, Apr. 1994, p. 78

Goodwill

• A Breakdown of Goodwill Cases by the Type of Business Involved, July 1996, p. 132
• Celebrity goodwill, EDA, Aug. 199, p. 32
• Classification and Division of Business and Professional Goodwill, July 1996, p. 121
• Classifying and Valuing the Goodwill of a Franchise Business in a Divorce Case, Aug. 1999, p. 157
• Dental practice, Dec. 1991, p. 56
• Dental practice, Jan. 1993, p. 18
• Detachability from personal reputation of the professional, EDA, Mar. 1991, p. 6; EDA, July 1991, p. 26
• Large law firm, Jan. 2000, p. 14
• Law practice, EDA, May 1991, p. 10; CPA, July 1991, p. 13
• Professional goodwill, Dec. 1992, p. 262
• Solo law practice, EDA, Feb. 1991, p. 4
• Under-employment, EDA, Feb. 1991, p. 4

Illegally Acquired Assets and Property Division, July 1993, p. 142

Incentive plans, CPA, Feb. 1991, p. 1

Inheritances, CPA, Dec. 1991, p. 33

Insurance

• Fire insurance proceeds, CPA, June 1991, p. 12
• Insurance, CPA, Apr. 1991, p. 3
• Life insurance proceeds, Apr. 1992, p. 87

Intellectual Property

• Book royalties, May 1994, p. 105
• Division of Intellectual Property Interests upon Divorce, Feb. 2000, p. 17
• Intellectual Property, CPA, Nov. 1991, p. 29
• Intellectual Property Update: Federal Preemption, Mar. 2001, p. 49
• Patent royalties, Apr. 1996, p. 80
• Royalty payments, EDA, Mar. 1991, p. 6

Interest on certificates of deposit, EDA, May 1991, p. 11

Interspousal transfers, classification and division, EDA, Apr. 1991, p. 1

Issues Arising Between Spouses Where a Spouse Is Incarcerated Either Before or After Entry of a Divorce Decree, Aug. 1993, p. 157

Installment award, duration of payment, Mar. 1996, p. 59

Jointly Titled Assets

• Classification, EDA, Dec. 1991, p. 53
• Entireties property, classification, Feb. 1992, p. 42
• Joint title and public policy, EDA, Dec. 1991, p. 56
• Jointly owned separate property, CPA, Feb. 1991, p. 3
• Jointly titled assets, EDA, Dec. 1991, p. 53

Jurisdiction, in rem action, Mar. 1998, p. 54

Lottery Awards

• Equitable Distribution of Lottery Winnings: It Ain't Over Till It's Over No More?, Dec. 1993, p. 239
• Lottery award, EDA, Feb. 1991, p. 4
• Lottery proceeds, Sept. 1993, p. 186
• Lottery winnings, Feb. 1993, p. 38

Marital Contributions to Property Owned by a Third Party: Distribution Upon Divorce, Mar. 1993, p. 41

Marital residence, death of wife, bifurcation, Feb. 1993, p. 38

Matrimonial agreements

• Non-owned interests, CPA, Aug. 1991, p. 17
• Renouncing community property, CPA, May 1991, p. 7
• Survivorship agreements, retroactivity of constitutional amendment, CPA, Oct. 1991, p. 28

Mechanics of division

• Community Business Property, CPA, June 1991, p. 9
• Construction of order, definition of a car, May 1995, p. 114
• Future profits, CPA, Dec. 1991, p. 36
• Judicial liens, separate property, CPA, May 1991, p. 8
• Lien on partnership interest, Feb. 1994, p. 37

Military Disability Benefits

• Federal preemption, Sept. 1992, p. 196
• Military disability pay, Jan. 1991, p. 10; June 1991, p. 35
• Prohibition from Electing Disability Pay, May 1995, p. 116
• Separation agreement, Mar. 1991, p. 61
• See also Disability Benefits

Military Retirement Benefits

• Jurisdiction, Mar. 1991, p. 12
• Military retirement benefits, Jan. 2001, p. 15
• Military retirement pay, Feb. 1991, p. 11
• Military retirement pay, Sept. 1991, p. 70
• Postdivorce appreciation, Mar. 1992, p. 62
• Reopening decree, Aug. 1993, p. 167
• Survivor benefits, federal preemption, Jan. 2001, p. 16
• See also Retirement Benefits

Minority interests in close corporations, EDA, July 1991, p. 27

Noncompetition agreement as gross proceeds from sale of business, Dec. 1995, p. 264

Omitted asset, attorney-husband, Apr. 1994, p. 84

Once is not Enough: Dissolving a Second Marriage Between the Same Spouses, July 1992, p. 143

Noncompetition Agreements and Consulting Contracts in Property Division Cases, May 1996, p. 95

Partition

• Retirement benefits, CPA, June 1991, p. 12
• Venue, CPA, May 1991, p. 7

Personal Injury Awards

• Allocation, Feb. 1991, p. 4
• Allocation of general settlement, June 1999, p. 127
• Included items, EDA, June 1991, p. 17
• Injury after separation, EDA, Apr. 1991, p. 4
• Punitive damages, Sept. 1996, p. 183
• Structured settlement, EDA, Oct. 1991, p. 43
• Wrongful discharge, EDA, Aug. 1991, p. 32
• See also Workers' Compensation Awards

Pleading, voluntary dismissal, Oct. 1994, p. 214

Postjudgment relief, waiver, July 1994, p. 145

Postseparation appreciation, Sept. 1994, p. 192

Postseparation income, distribution factor, Jan. 1993, p. 19

Preliminary Injunctions Against Dissipation of Marital Assets, Sept. 1994, p. 184

Premarital Property

• Appreciation, Aug. 1994, p. 168
• Premarital contributions, effect on award, Dec. 1993, p. 247
• Premarital property, Mar. 1992, p. 62
• Property acquired before marriage, CPA, Sept. 1991, p. 24
• Unequal division, Mar. 1998, p. 55

Presumption, marital property, EDA, Nov. 1991, p. 49

Property acquired with income not reported for tax purposes, EDA, June 1991, p. 17

Property Division Triage: Identifying Unusual Types of Divisible Property, Oct. 2000, p. 193

Property, definition of, EDA, Mar. 1991, p. 1

Property owned by third parties, CPA, Sept. 1991, p. 24

Quasi-community property, second marriage, CPA, Mar. 1991, p. 4

Reimbursement

• Burden of proof, CPA, Jan. 1991, p. 3
• Commingled property, CPA, June 1991, p. 12
• Exclusive use, CPA, Jan. 1991, p. 4
• Mortgage paid with child support, CPA, Oct. 1991, p. 28
• Retained earnings of trusts, CPA, July 1991, p. 16
• Tracing, CPA, Oct. 1991, p. 28
• Unequal division, CPA, Feb. 1991, p. 4

Reopening of Judgments

• Fraud, Jan. 2001, p. 13
• Fraud, June 2001, p. 117
• The Limits of Finality: Reopening Property Division Orders in Postjudgment Proceedings, Aug. 1997, p. 145
• Military retirement benefits, reopening decree, Aug. 1993, p. 167
• Tort damages, fraud, Jan. 2001, p. 13

Retirement Benefits

• An Actuary's Comments on Pensions in Divorce, Oct. 1999, p. 197
• Anti-assignment provisions, EDA, May 1991, p. 11
• Antiattachment statute, June 1992, p. 127
• Classification of Postdivorce Increases in Retirement Benefits: Reported Case Law, Aug. 1995, p. 175
• Classification, Valuation, and Division of Retirement and Disability Benefits, May 1994, p. 89; June 1994, p. 109; July 1994, p. 129; Aug. 1994, p. 149
• Cost of living adjustments, EDA, Feb. 1991, p. 4
• Date of receipt, Mar. 1992, p. 63
• Definition of property, EDA, Mar. 1991, p. 6
• Delaying retirement, June 2001, p. 117
• Direct payment, CPA, July 1991, p. 16
• Dividing community retirement benefits, CPA, Oct. 1991, p. 25
• Division of Early Retirement Benefits Upon Divorce, June 1996, p. 103
• Early retirement benefits, EDA, Aug. 1991, p. 32
• Early retirement plans, Mar. 1994, p. 62
• The Effect of Death and Remarriage on State Court Orders Dividing Survivor Benefits, Dec. 2000, p. 239
• The Emerging Marital Controversy: When Should Postdissolution Retirement Benefit Increases be Treated as Marital Property?, Aug. 1995, p. 162
• Enforcement, CPA, June 1991, p. 11
• Individual retirement accounts, EDA, Sept. 1991, p. 33
• The Mechanics of Dividing Retirement Benefits: Recent Case Law on Preparation of Qualified Domestic Relations Orders, June 1998, p. 105
• Method of division, Apr. 1992, p. 87; May 1995, p. 116
• Nonalienation clause, CPA, May 1991, p. 8
• Nonvested pension, Dec. 1995, p. 264
• Partition, CPA, Jan. 1991, p. 4
• Partition, CPA, Aug. 1991, p. 20
• Payment of monthly sum to nonowner, EDA, Jan. 1991, p. 3
• Payment upon death, CPA, Aug. 1991, p. 19
• A Possible New Alternative For Deferred Distribution Of Retirement Benefits: The Separate Interest Approach, Nov. 2001, p. 221
• Post-separation appreciation in retirement plans, CPA, Mar. 1991, p. 1
• Post-Separation appreciation, Feb. 1996, p. 39
• Private agreements and survivor benefits, CPA, Apr. 1991, p. 1
• QDROs, Mar. 1991, p. 11
• Recognition of community contribution, CPA, Feb. 1991, p. 4
• Right to reimbursement, waiver, May 1991, p. 107
• Survivor annuity, Sept. 1992, p. 196
• Survivor benefits, EDA, Apr. 1991, p. 4
• Survivor benefits, July 1994, p. 144
• Valuation, Mar. 1992, p. 63
• Valuation, Date of retirement, EDA, May 1991, p. 11
• Valuation, Total contributions plus interest, EDA, Mar. 1991, p. 6
• Vested pension, Dec. 1995, p. 264
• Waiver of military retirement pay, re-opening decree, Dec. 1995, p. 264
• Working with an Independent QDRO Drafter: Practical Advice for the Practicing Attorney, June 1998, p. 112
• See also Military Retirement Benefits, Civil Service Retirement Benefits

Rights of third parties, EDA, Mar. 1991, p. 6

Security for award, lien on separate property, CPA, Apr. 1991, p. 4

Security for support, Nov. 1991, p. 94

Severance pay, Feb. 1993, p. 39

Severance pay, Apr. 1993, p. 84

A Short Critique of Virginia Law on Hybrid Property Issues, June 1999, p. 119

Social Security

• The Effect of Social Security Benefits on Divorce Cases, Nov. 1993, p. 209
• Social Security disability benefits, June 1991, p. 34
• Social Security, Jan. 1991, p. 11

Source of funds rule, Second mortgage, EDA, Jan. 1991, p. 4

Stock Options

• Stock Options and Other Restricted Benefits as Divisible Property in Divorce Actions, Nov. 1997, p. 201
• Unvested, Apr. 2001, p. 71; Aug. 2001, p 155
• Unvested, time rule, Jan, p. 16
• Vested but unexercised, Dec. 2001, p. 249

Tax Consequences

• Allocation of federal tax exemption, June 1991, p. 45
• Depreciation, EDA, Mar. 1991, p. 6
• Valuing partnerships, CPA, June 1991, p. 12

Third party property, alter ego, Aug. 2001, p. 155

Termination of community, CPA, Apr. 1991, p. 3

Tracing

• Five Easy Steps for Tracing Separate Property Through a Commingled Bank Account, Dec. 2000, p. 237
• Commingling and the Process of Tracing, EDA, June 1991, p. 13
• Corporate stock, Jan. 1991, p. 4
• Income from separate property, CPA, June 1991, p. 11
• Tracing bank accounts, June 1998, p. 117
• Tracing Separate Property Through a Commingled Bank Account, Dec. 2000, p. 229

Transmutation

• Changing Horses in Midstream: The Doctrine of Transmutation, EDA, May 1991, p. 5
• Commingling and the process of tracing, EDA, June 1991, p. 13
• Implied gift, Feb. 1991, p. 4
• Mutual inheritance, Sept. 1996, p. 183
• Joint bank account, June 1992, p. 126
• Joint title, EDA, Feb. 1991, p. 4

Trusts

• Appreciation, Aug. 1992, p. 172
• Equitable Distribution of Income and Remainder Interests in Inter Vivos and Testamentary Trusts, Jan. 1993, p. 1
• Interest in trust, EDA, Mar. 1991, p. 6
• Valuation of a Remainder Interest in a Trust, Dec. 2001, p. 247
• Vested remainder, Aug. 1992, p. 173

Uniform starting points, Oct. 1992, p. 217

Unsecured debt, payment with nonmarital funds, EDA, Sept. 1991, p. 36

Valuation

• Buy-sell agreements, EDA, May 1991, p. 10
• Closing costs, Dec. 1994, p. 262
• Covenant not to compete, CPA, Dec. 1991, p. 36
• Date of valuation, small business, Jan. 1994, p. 18
• Dates of Classification and Valuation A State-by-State Survey, Feb. 2001, p. 36
• Determining the Date for Valuing Marital Property in Divorce Actions, Feb. 2001, p. 17
• Effect of remand, EDA, Mar. 1991, p. 6
• Excess earnings method, Oct. 1997, p. 200
• Exclusive insurance agency, June 2001, p. 118
• How to Work with a Valuation Expert: Tips for Attorneys from a C.P.A. in the Trenches, Apr. 1998, p. 76
• Law practice, CPA, July 1991, p. 13
• Minority business interest, Dec. 1992, p. 260
• Recent Case Law on Valuation of Marital and Community Property, Nov. 1991, p. 85; Dec. 1991, p. 97
• Seven "Knock-Out Punch" Questions for a Business Valuation Expert, June 2001, p. 101
• Valuation of Businesses in Divorce Cases: An Annotated Survey of Methods, Feb. 1998, p. 21; Mar. 1998, p. 50
• Valuation of a Business in the Presence of a Buy-Sell Agreement, Nov. 1994, p. 221
• Valuation of a Remainder Interest in a Trust, Dec. 2001, p. 247

Who Gets Fluffy? Division of Pets in Divorce Cases, June 1999, p. 113

Workers' Compensation Benefits

• Analytic approach, Feb. 1995, p. 48
• Classification, Mar. 1992, p. 63
• Classification, Apr. 1997, p. 83
• Workers' Compensation claim, EDA, Oct. 1991, p. 42

SEPARATION AGREEMENTS

Alimony

• Death of payee, June 2001, p. 117
• Termination upon cohabitation, Jan. 1991, p. 19
• Termination upon remarriage, Mar. 1991, p. 11

Arbitration clause, validity, July 1993, p. 148

Attorney malpractice, Mar. 1993, p. 62

Avoiding Attorney Malpractice in Drafting Separation Agreements, Mar. 1992, p. 57

Breach, debt discharged in bankruptcy, July 1991, p. 48

Child support, child not born to father, June 2001, p. 118

College Tuition

• Choice of college, Dec. 1994, p. 263
• Construction and Enforcement of College Tuition Provisions in Separation Agreements, Feb. 1999, p. 21

Collaborative Divorce: A Short Overview, Apr. 2001, p. 68

Contract Law 101: Basic Principles of Law for Construing Separation Agreements, Mar. 1999, p. 45

Death of party, Nov. 1991, p. 95

Does Virginia's Version of the Uniform Premarital Agreements Act Apply to Separation Agreements?, Nov. 1997, p. 213

Enforcement of No-Molestation Clauses in Separation Agreements, Mar. 1992, p. 55

Foreign service retirement benefits, express waiver, June 2001, p. 119

Income, lump sum worker's compensation, Jan. 2001, p. 16

Military retainer pay, Apr. 1991, p. 9

A Mini-Encyclopedia of Ambiguous Separation Agreement Provisions and their Construction by the Courts, Mar. 1992, p. 51

Modification, constitutionality, Jan. 1993, p. 19

Oral Agreements

• Enforceability, June 1991, p. 34
• Validity, Jan. 1991, p. 11

Postnuptial agreement, confidentiality clause, public policy, Feb. 1993, p. 39

The Power of State Courts to Enforce Separation Agreements Which Divide Veteran's Disability Benefits, Mar. 1996, p. 49

Promise to provide documents, July 1992, p. 150

The Pro Se Litigant and Settlement Agreements, May 1998, p. 92

Recent Case Law on Construction of Separation Agreements, Feb. 1992, p. 25

Recent Case Law on Modification and Enforcement of Separation Agreements, Mar. 1992, p. 45

Reconciliation, Feb. 1991, p. 12

Religious training, written agreement, Aug. 1993, p. 166

Specific performance, promise to consent to religious divorce, May 1993, p. 124

The Ten Commandments of Domestic Negotiations, Sept. 2001, p. 175

To Get a Get : Enforcement of Contracts Requiring Spouses to Secure or Accept Religious Divorces, Feb. 1994, p. 27

Validity

• Attacking and Defending Separation Agreements: Recent Case Law, Sept. 1991, p. 61; Oct. 1991, p. 73
• Attacking and Defending Separation Agreements: A 1995 Update, Nov. 1995, p. 225; Dec. 1995, p. 245
• Attorney as scrivener, Apr. 2001, p. 70
• Disclosure of assets, attorney spouse, July 1993, p. 147
• Duress, Jan. 1991, p. 11
• Duress by mediator, Aug. 2001, p. 154
• Lack of court approval, time to attack, Dec. 2001, p. 249
• Unconscionability, Jan. 2001, p. 16

Waivers of Survivor Benefits in Separation Agreements: How Effective Are They?, Aug. 2001, p. 141

SPOUSAL SUPPORT

See Alimony.

STEPPARENTS

Stepparent's Right to Request Custody or Visitation: Standing, Oct. 1996, p. 194

TAXATION

2001 Tax Law Update, July 2001, p. 133

Allocation, June 1991, p. 45; Sept. 1991, p. 70

Consideration of Tax Consequences of Divorce As a Factor in Equitable Distribution, Apr. 1993, p. 65

Individual Liability on Income Tax Debts Incurred by an Ex-Spouse, Apr. 1993, p. 80

Recent Tax Law Changes and Their Impact on Divorce Practitioners, Apr. 1998, p. 57

What Constitutes Alimony or Separate Maintenance Payments for Federal Income Tax Purposes, Apr. 1993, p. 74

TORTS

Abuse and neglect, federal jurisdiction, June 1991, p. 34

Actions Against a Third Party for Torts Against the Marriage Relation, Sept. 1995, p. 181

Adoption, failure to reveal mental illness, Sept. 1995, p. 203

Alienation of affections, concealment of child, May 1991, p. 22

Alienation of affections, sufficiency of evidence, June 1993, p. 124

Child abduction, third-party liability, Nov. 1993, p. 228

Civil Conspiracy and Civil RICO in Divorce Actions, Nov. 2000, p. 223

Conspiracy to defraud right to alimony, federal jurisdiction, Sept. 1993, p. 186

Criminal conservation, validity as a cause of action, June 1993, p. 126

Criminal conversation, validity of cause of action, May 1994, p. 106

Defamation, allegation of adultery in divorce pleading, Dec. 2001, p. 250

Ethical Violations Arising from Misconduct in an Attorney's Own Divorce Case, Apr. 1995, p. 95

Fraud

• Breach of promise of love and affection, May 1994, p. 106
• Common-Law Fraud as a Remedy for Asset-Related Misconduct, Oct. 1995, p. 205
• Concealment of assets, Apr. 2001, p. 70
• Nondisclosure of investments, Aug. 2001, p. 154
• Property division, tort damages, Jan. 2001, p. 13

Intentional Infliction of Emotional Distress

• Divorce proceedings, June 1991, p. 33
• Sexual relations with clergy, June 1997, p. 123
• Raised in divorce action, June 2001, p. 118

Intentional interference with contractual relationship, heart balm statute, Dec. 2001, p. 251

The Interspousal Tort Suit: A New Avenue of Recovery for Marital Misconduct, Oct. 1995, p. 213

Interspousal Torts: Joinder of Tort Claims with Divorce Actions, Oct. 1993, p. 197

The Liability of Reproductive Laboraties for Mistakenly Provided Genetic Material, July 2001, p. 134

Marriage, broken engagement, unjust enrichment, Mar. 1995, p. 72

Punitive damages, May 1992, p. 107

Representing the Abused Spouse in Domestic Violence Cases, Apr. 1992, p. 65

Spousal wiretapping, civil liability, Feb. 1992, p. 42

Telling the Truth in Adoption Proceedings: Tort Actions for Wrongful Adoption, Jan. 1998, p. 11

Torts Arising Out of Interference With Custody and Visitation, Sept. 1995, p. 192

VISITATION

Activities of child, Mar. 1991, p. 12

The Effect of Incarceration on a Divorced Parent's Rights and Obligations, Apr. 1994, p. 65

Elderly parent, July 1997, p. 143

Father's girlfriend, remarriage, June 2001, p. 117

First Amendment, attendance at religious services, July 1993, p. 148

Gay and Lesbian Persons

• Lesbian partner, Mar. 1999, p. 62
• Same-sex partner, June 1997, p. 123
• Visitation Rights of Former Gay Cohabitants: A Proposed Analytic Framework, July 1999, p. 140

Grandparents

• The Aftermath of Troxel v. Granville, Oct. 2000, p. 210
• Best interests, Dec. 2001, p. 250
• Constitutionality, Jan. 2001, p. 13; Sept. 2001, p. 182
• Denial of child abuse, Feb. 1993, p. 39
• Fourteenth Amendment Rights, July 1993, p. 147
• Grandparent Visitation: A 1995 Update, May 1995, p. 111
• Grandparent Visitation Rights: Challenges and Solutions, Dec. 1992, p. 248
• Intact family, Mar. 1997, p. 62
• In the United States Supreme Court, Oct. 1999, p. 206
• The Law of Grandparent Visitation After Troxel, June 2001, p. 109
• Troxel v. Granville: The Supreme Court Wades into the Quagmire of Third-Party Visitation, June, p. 101
• What Is a Family? Implication of New Trends in Grandparent Visitation Law, June, p. 109

Holiday schedule, religious training, Apr. 1995, p. 96

Incarcerated parent, hearing, Aug. 1996, p. 163

Neutral Drop-Off and Pick-Up of Children: Help in Assuring Children's Access to Both Parents, Jan. 1999, p. 17

Noncustodial parent, restraint on religious teachings, Dec. 1997, p. 238

Out-of-wedlock child, May 1995, p. 116

The Relevance of Adultery and Extra-Marital Sexual Conduct in Custody and Visitation Cases, Sept. 1997, p. 165

The Right of Adult Children to Visit Their Elderly Parents, Feb. 1997, p. 37

Religious training, Aug. 1993, p. 166

Rights of stepparent, Feb. 1992, p. 42

Sibling Visitation Rights, May 1997, p. 85

Siblings, July 1997, p. 144

Standing, cousin of child, Sept. 1995, p. 202

Stepparents

• Best interests test, Dec. 2001, p. 249
• Generally, Feb. 1991, p. 12; Mar. 1991, p. 11
• Stepparent's Right to Request Custody or Visitation: Standing, Oct. 1996, p. 194
• The Rights, Duties, and Responsibilities of Stepparents to Their Stepchildren: Custody and Visitation, Oct. 1996, p. 185

Taking child to church, Mar. 1993, p. 62

Technology Hits Home: Internet Visitation, Aug. 2001, p. 144

Telephone and e-mail contact, Aug. 1999, p. 170

Third parties, Jan. 1991, p. 11; Mar. 1991, p. 11 Transportation in father's private airplane, Dec. 2001, p. 250

Torts Arising Out of Interference With Custody and Visitation, Sept. 1995, p. 192

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