Welytok v. Ziolkowski
Multiple issues; see full summary.
Asbeck v. Asbeck
Hardship exception is a discretionary finding, not a factual determination.
In Re Marriage of Popp v. Popp
Hardship redefined: (1) financial deprivation or difficulty (2) not essential needs only.
In Re Marriage of Doerr v. Doerr
Granting $100,000 lump sum payment due to hardship was not appropriate exercise of discretion. Court found that wife needed payment to achieve standard of living, not to avoid privation.
Tindell v. Rogosheske
GAL has absolute immunity from claims arising from alleged negligent performance of duties.
In Re Marriage of Johnson v. Johnson
It was error for court to fail to appoint a GAL sua sponte where issue of paternity was raised post-judgment by motion to reopen.
In Re Paternity of A.M.L.
State’s motive and role in commencement of paternity action does not make it the sole party in interest. A child has a strong interest in a determination on its paternity, although it may be contrary to the best interest of a child that its paternity be established. Thus, commencement of paternity action by GAL was appropriate.
In Re Marriage of Weiderholt v. Fischer
GAL is advocate for child’s best interests – not for child’s wishes.
Marriage of Hollister v. Hollister
GAL is advocate for best interest of a child and is not a witness at trial.
In Re Paternity of Stephanie R.N.
GAL’s statements at oral argument are not evidence and not part of the record.