Articles on Social Security Benefits and Divorce
Articles from scholarly/legal journals on service of process and divorce.
Marriage of Mack v. Mack
Social security benefits are not retirement plan to be valued and considered in divorce.
Marriage of Langlois v. Langlois
(1) SSI is not available for child support, but (2) seek-work order was appropriate and does not conflict with SSI program.
In Re Marriage of Paulhe v. Riley
Payer entitled to credit for support payments made during period where covered by social security disability payments paid to payee for the minor child. SSD are not gratuitous benefits, but are a substitute for the disabled parent’s earnings, funded by payment of social security taxes. Although the credit statute refers to “unpaid support”, failure to give credit to a payor who continued to make payments would deny equal protection of laws.
Articles on Service of Process and Divorce
Articles from scholarly/legal journals on service of process and divorce.
Borden v. Borden
See summary.
Pamperin v. Pamperin
Court had personal jurisdiction over wife where notice of hearing was given to her attorneys. Five days notice was sufficient.
In Re Marriage of Emery v. Emery
Service by publication requires reasonable diligence. The burden is on movant. It was not necessary to mail copy of summons to last known address, because wife could not, with reasonable diligence, ascertain husband’s address.
American Family Mut. Ins. v. Royal Ins. Co.
Service must be by authenticated copy. Jurisdiction will attach when a party substantially complies with the authentication statute. Where the clerk is afforded the opportunity to properly authenticate the documents, an irregularity will be deemed a technical error. However, where there was failure to present the photocopied documents to the clerk at all, the error is fundamental.
Loppnow v. Bielik
Plaintiff exercised reasonable diligence in his attempts to serve defendant pursuant to Wis. Stat. §801.11( c). When pursuing any leads or information reasonably calculated to make personal service possible, the plaintiff must not stop short of pursuing a viable lead. In this case, plaintiff’s efforts were consistent with reasonable diligence.