Miller v. Miller
Statement to licensed addiction counselor during joint therapy sessions were privileged.
Articles on Privileges in Divorce/Custody Cases
Articles on privileges in divorce/custody cases.
Sommer v. Sommer
Personal injury damage award can be considered in determining modification of child support.
In Re Marriage of Mack v. Mack
Personal injury settlement was marital property where it was to satisfy any claims of both parties, was commingled and used to buy joint assets. But, greater share should go to injured party.
Marriage of Richardson v. Richardson
Personal injury claim constitutes relevant factor that warrants alteration of statutory presumption of equal distribution of property. Court should presume that injured party is entitled to all compensation for pain, suffering, bodily injury and future earnings. Other components, such as those that compensate for medical or other expenses and lost earnings incurred during marriage should be presumed to be marital.
In Re Marriage of Krebs v. Krebs
Unspecified personal injury proceeds are presumed to belong to the injured spouse.
In Re Marriage of L.M.S. v. S.L.S.
Husband has duties and responsibilities of father when he consents to his wife having intercourse and becoming pregnant by another man on contract theory and by promissory estoppel.
In Re Paternity of D.L.H.
Equitable estoppel is available as a defense to the mother’s institution of paternity proceedings where her husband acquired rights under an “equitable parent” theory. A trial court cannot dismiss a paternity action without the consent of all parties.
C.A.B. v. K.A.T.
A man who held himself out as child’s father may be equitably estopped from denying paternity.
In Re Marriage of D.L.J.
Mother is equitably estopped from contesting child’s paternity where mother actively fostered child’s relationship with husband.