« October 2005 |

Main

| January 2006 »

November 17, 2005

Child's Surname in Paternity Actions

The Iowa Court of Appeals recently held that Iowa paternity statute gives a court jurisdiction to order that a child be given his/her father's surname. Technically, these actions do not involve a name "change" simply because the mother has given the child a name on the birth certificate. "When a parent unilaterally chooses a child's name, the other parent may request the court to examine the name issue--as the mother does not have the absolute right to name the child because of custody due to birth. Consequently, she should gain no advantage from her unilateral act in naming the child."

The court ordered that the 14-month-old child should be given Father's surname as Mother was planning on remarrying and changing her name. Montgomery v. Wells (November 9, 2005).

Posted on November 17, 2005 in Custody | Permalink

|

TrackBack (0)

Effect of Trust Assets on Alimony and Equitable Distribution

In the case of In re Marriage of Rhinehart, at issue was the treatment of the wife's future interest in a trust. The court held that the undistributed income from the trust could not be treated as a current source of financial support that would alleviate the wife's need for alimony; the undistributed income from the trust was not a marital asset that was subject to division. The Iowa Supreme Court also held that the wife's future interest in the trust could be considered when determining equitable division of property.

Posted on November 17, 2005 in Alimony, Property Distribution | Permalink

|

TrackBack (0)