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Cases of Interest: Children
© National Legal Research Group, Inc.
ARKANSAS: Bishop v. Bishop, ___ Ark. App. ___, 961 S.W.2d 770 (1998).
The husband made a valid gift to the son of a certificate of deposit, so the account was not marital property. Parents frequently establish accounts for their children and then fight over the classification of the money when their marriage ends. Williams v. Williams and Bishop v. Bishop both support the view that an account in the name of a child is not marital property.
Read More About This CaseINDIANA: In re Marriage of Hendricks, 681 N.E.2d 777 (Ind. Ct. App. 1997).
Stock which was the subject of an irrevocable gift by the wife to the parties' son under the Uniform Transfers to Minors Act was not marital property, and the wife's share of marital property did not have to be charged with the amount of marital funds which she used to acquire the stock for the son.
Read More About This CaseIOWA: In re Marriage of Driscoll, 563 N.W.2d 640 (Iowa Ct. App. 1997).
The child support received by the wife for her children from a previous marriage was her nonmarital property because it was not the product of the parties' joint efforts.
Read More About This CaseMAINE: Williams v. Williams, 706 A.2d 1038 (Me. 1998).
Funds in a savings account in the name of the parties' minor child could not be classified as marital property.
Read More About This CaseMASSACHUSETTS: Johnson v. Johnson, 425 Mass. 693, 682 N.E.2d 865 (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.
Read More About This CaseMINNESOTA: Kriesel v. Gustafson, 513 N.W.2d 9 (Minn. Ct. App. 1994).
A parent's right to claim the couple's dependent children as an income tax exemption is not "property" with a present value for purposes of dividing the marital estate.
Read More About This CaseMISSOURI: Weiss v. Weiss, 954 S.W.2d 456 (Mo. Ct. App. 1997).
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 the Uniform Gift to Minors Act.
Read More About This CaseNEVADA: Shydler v. Shydler, ___ Nev. ___, 954 P.2d 37 (1998).
The trial court exceeded its authority by exempting toy soldiers, books, and other military collectibles from the marital estate and awarding them to the husband to be held in trust for the couple's son.
Read More About This CaseNORTH CAROLINA: Crisp v. Crisp, ___ N.C. App. ___, 486 S.E.2d 485 (1997).
Medical expenses incurred by the husband for his daughter from a previous marriage were his separate debts, not marital debts.
Read More About This CaseTENNESSEE: Hansel v. Hansel, 939 S.W.2d 110 (Tenn. Ct. App. 1996) (released 1997).
Certificates of deposit which were acquired with marital property in the name of the husband and his daughter from another marriage were not proven to be gifts to the daughter so as to be excluded from the marital estate.
Read More About This CaseTEXAS: Hunt v. Hunt, 952 S.W.2d 564 (Tex. App. 1997).
The trial court did not abuse its discretion by refusing to reimburse the community estate for child support payments made by the husband during the marriage.
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