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The sixth edition of the casebook retains most of the discussion cases in the previous edition and complements them with statutes indicating changes in American law. Among the changes incorporated are civil unions, now available in four states, and the extensive domestic partnership statute incorporated into California law. Additional incorporations include the safe haven laws, plus the recent partial birth abortion decision of Gonzales v. Carhart. The casebook seeks to balance federal and state interests and to offer a smattering of international statutes for comparison. The book is designed to be used in a two, three or four credit course. Specific topics include:Private ordering after Marvin v. MarvinParental rights after Troxel v. GranvilleSame Sex Marriage after Goodridge v. Department of Public HealthAssisted Reproduction after the Uniform Parentage ActChildren's custody, support, relocation, protection from injury, and adopti
This part of the Hornbook Series analyzes the law of domestic relations and how it has changed in recent years. Discrimination against women has been mitigated. The power to control personal relationships by contract has increased. Discrimination against illegitimate children has been removed, and the old fault-based grounds for divorce have largely been replaced by non-fault grounds. The financial aspects of divorce place more emphasis on divisions of property and less on alimony. Lastly, an entirely new jurisdiction has developed out of the Uniform Child Custody Jurisdiction Act.
This volume examines the state of family law in America. Among its themes is the tension between individual autonomy and governmental regulation in all aspects of family law. It examines both conventional and new definitions of formal and informal domestic relationships.
Distilled from years of Fortune 500 consulting practice, Shulman's administrative tools and techniques in Qualified Domestic Relations Order Handbook help plan administrators streamline the entire QDRO review and compliance process, while cutting the risk of errors, penalties, and litigation. They include model policies and procedures, review checklists, staff training cases, and more. Contains new models and guidelines for drafting airtight QDROs that speed approval, maximize your clients' rights, and steer you through the malpractice minefields of ERISA and the IRC. Author Gary Shulman begins with QDRO basics, then dissects the key elements of defined contribution and defined benefits plans. He walks you through the preparation of QDROs for different plans and conditions -- using tested models and sample language. An entire chapter highlights 17 crucial malpractice traps, followed by checklists, attorney Q&A, and tips on working proactively with plan administrators.
Previous edition, 1st, published in 2001.
The QDRO ANSWER BOOK is the one source to turn to for comprehensive guidance on administration & compliance of QDROs & QMCSOs. Written for human resources & employee benefit professionals, plan administrators, & attorneys, the QDRO Answer Book provides practical advice & tips on every stage of the QDRO process to ensure legal qualification & compliance at all times. In an easy-to-reference format, it clearly explains retirement plan divisions for qualified & nonqualified plans. Among the hundreds of difficult & complex issues that are thoroughly described & analyzed: Determining whether DROs are qualified Communicating QDRO requirements to attorneys Administering distributions pursuant to QDROs Communicating QDRO procedures to participants & potential alternate payees Segregating plan assets during qualification review Establishing administrative procedures consistent with the new QMSCO rules Notifying participants & potential alternate payees of receipt of DROs To further simplify compliance & administration, the QDRO ANSWER BOOK contains important model language & checklists, as well as relevant cites to primary source material.
Rev. ed. of : Handbook on the law of remedies. 1973.