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The Research Center
|        ||1. Divorce Source: THE EFFECT OF THE SUPPORT OF STEPCHILDREN AND CHILDREN OF A PREVIOUS MARRIAGE ON EQUITABLE DISTRIBUTION |
In the absence of a contract, a stepparent is obligated to support a stepchild during the marriage in two circumstances: 1 there is a state statute imposing such a duty, or 2 the stepparent undertakes to act in loco parentis to the child.
|        ||2. Divorce Source: FUNDS IN JOINT ACCOUNT WITH CHILDREN CLASSIFICATION |
(©1998) Bank accounts established with marital funds and held by divorcing spouses in custody for children are marital property absent evidence that the accounts were established as custodial accounts under
|        ||3. Divorce Source: AWARDING MARITAL PROPERTY TO CHILDREN |
(©1997) The trial judge in a divorce proceeding does not have authority to assign property to a third party, even to children of the marriage
|        ||4. Divorce Source: CHILDREN AND EQUITABLE DISTRIBUTION |
(©1994) In some cases, a spouses actions for or on behalf of his/her children may have an impact on property acquisition and preservation so as to raise a classification issue. For example, as discussed in
|        ||5. Divorce Source: Cases of Interest: Children|
Case law and analysis of divorce cases related to children. Visit Other Cases of Interest
|        ||6. Divorce Source: SUPPORT OF PRIOR OR SUBSEQUENT FAMILY AS A FACTOR IN AWARD |
(©1998) For example, an individual marrying for the second time may have custody of children from a prior marriage. In this scenario, marital funds are typically used to some extent for the childrens support
|        ||7. Divorce Source: GIFTS TO CHILDREN AS DISTRIBUTABLE PROPERTY |
(©1998) In Williams v. Williams, the dispute centered on a savings account which was in the name of the parties minor son with the husband as custodian. The account was derived from the proceeds of the sale
|        ||8. Divorce Source: GIFTS OF MARITAL PROPERTY TO CHILDREN |
(©1997) The dispute in this case centered on two certificates of deposit, totaling $50,000, that the husband purchased during the marriage with marital funds and placed in his name and the name of his daughter
|        ||9. Divorce Source: GIFTS OF MARITAL PROPERTY TO MINOR CHILDREN |
(©1997) During the parties dissolution proceedings, a major dispute centered on funds that the wife had used several years before the dissolution to acquire stock in the name of the parties son.
|        ||10. Divorce Source: SUPPORT FOR STEPCHILDREN IMPACT ON EQUITABLE DISTRIBUTION |
(©1997) Medical expenses incurred by the husband for his daughter from a previous marriage were his separate debts, not marital debts
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