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January 26, 2006
Wisconsin Codifies "Internet Visitation"
The Wisconsin legislature passed this "internet visitation" bill into law yesterday. Allow commonly referred to as "internet visitation," the bill essentially codifies many standard decretal provisions that allow for telephone contact between the custodial and non-custodial parent.
The following summary is from the Wisconsin Legislative Reference Bureau: This bill provides that, if the court grants periods of physical placement to both
parents, the court may grant to a parent a reasonable amount of electronic
communication at reasonable hours during the other parent’s periods of physical
placement with the child. Electronic communication is defined as time during which
a parent and his or her child communicate by using various types of communication
tools, such as the telephone, electronic mail, instant messaging, and video
conferencing or other wired or wireless technologies via the Internet. The basis for
granting electronic communication is whether it is in the child’s best interest and
whether equipment for providing electronic communication is reasonably available
to both parents. Electronic communication may be used only to supplement, and not
as a substitute or replacement for, the physical placement that a parent has with the
child.
The bill provides that a parenting plan that a party files with the court before
a pretrial conference when legal custody or physical placement is contested must
include any electronic communication a parent is requesting and must indicate
whether equipment for providing electronic communication is reasonably available
to both parents. The bill also provides that, if a parent is proposing to move with the child and the other parent objects to the move, the court may not use the availability of electronic communication as a factor in support of a modification of physical placement or a refusal to prohibit the parent from moving with the child."
Posted on January 26, 2006 in Other States, Visitation | Permalink
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January 23, 2006
Man Fakes Death to Avoid Child Support
Via Google News comes the following from South Carolina:
January 18, 2006 - A 58-year-old man who bragged about being a deadbeat dad admits he went to extreme lengths to avoid paying child support. The shock came when the deadbeat dad was found alive.
On March 5, 1979, a family court judge found Johnny Martin to be in contempt of court for failing to pay $4,120 in court-ordered child support payments for two of his children, according to Sheriff James Metts. The judge ordered Martin to pay the money or serve one year in jail at the Lexington County Detention Center. Martin didn't pay. At the detention center, Martin was assigned to be an inmate worker in 1979 and escaped after he was let out to conduct his assigned duties.
A couple of months later, someone, no one knows who, told the family court judge he died. But Tuesday night Martin was found alive and well, just 26 years older, with a mustache. He was in Myrtle Beach with his girlfriend. Lexington County Sheriff James Metts says, "He has admitted to us he faked his death in a bar fight in Alabama." He did that to avoid paying child support, which was $4,000 at the time. Martin was a father to a six and nine year old.
After being informed about new facts in the case, a Lexington County family court judge on Tuesday re-opened the case against Martin for unpaid child support and issued a bench warrant for Martin's arrest for lying about his death to avoid paying child support. 11th Circuit Family Court Judge Richard W. Chewning, III, ruled in the bench warrant issued for Martin that the case against Martin for unpaid child support was "previously dismissed under false pretenses."
His current wife, Phyllis Martin, told WIS in a phone interview he boasted about being a deadbeat dad, "He just bragged that he never paid child support. There was no ... man in a dress [referring to the judge's robes] that was going to tell him what to do."
So just how did he get caught? Last week, Martin's first wife, the mother of his kids, saw another escapee on television return to jail in Lexington County. She'd heard rumors about her ex-husband and called the sheriff's department.
The sheriff says for 20 years, Martin lived in Myrtle Beach, ran an auto repair shop and remarried three times. Martin was arrested at his home on Avenue South where he lived with a girlfriend.
He uses his real name and, even now, deputies say he insists he's not going to pay. Sheriff Metts describes Martin, "Very arrogant, very arrogant. He was not taken down very easily. A scuffle ensued to arrest him." The sheriff says Martin also told them there is no jail big enough or tough enough to hold him.
Right now, he's being held at the Lexington County Detention Center. He faces charges for the escape and could be have to pay back more than $30,000 in child support. Martin will remain in jail while awaiting a hearing in Lexington County Family Court on Friday, January 20. During the hearing, a family court judge will determine what sanctions Martin will face.
"Johnny Martin is the ultimate dead-beat dad, faking his own death to avoid paying money to support his young children who were living in Lexington County," Metts said. "We have worked closely with the family court to ensure that Martin was brought to justice in Lexington County for his unprecedented efforts to avoid making court-ordered child support payments."
A magistrate on Wednesday morning set bond for Martin at $1 million on the escape
Posted on January 23, 2006 in Oddities | Permalink
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January 20, 2006
Final Blow to Grandparent Visitation
Today's ruling from the Iowa Supreme Court in Spiker v. Spiker puts a definitive end to any lingering questions about grandparent visitation in Iowa. The court previously found the Iowa grandparent visitation statute unconstitutional on its face. In re Marriage of Howard, 661 N.W.2d 183, 187 (Iowa 2003). The Spiker decision holds that any pre-existing court orders will no longer be considered enforceable and will be vacated if challenged.
On a technical note, the decision contains an excellent discussion of several abstract legal principles, including law of the case, res judicata, issue preclusion, and claim preclusion, as well as a discussion of why so-called "final" judgments in custody and child support cases are not truly ever "final" judgments.
Posted on January 20, 2006 in Visitation | Permalink
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January 17, 2006
Who Gets the Engagement Ring if the Marriage Is Called Off
This question seems to come up more often every year: Male caller: "Do I get the engagement ring back? She called off the wedding." Female caller: "Do I get to keep the engagement ring? He called off the wedding."I'm leaving out the "rest of the story" that always accompaniesthe reasonsthe wedding was called off. Why? Because it doesn't matter under Iowa law:In 1990, the Iowa Court of Appeals adopted the "no fault" approach: "[W]e hold an engagement ring given in contemplation of marriage is an impliedly conditional gift; it is a completed gift only upon marriage. If the wedding is called off, for whatever reason, the gift is not capable of becoming a completed gift and must be returned to the donor." Fierro v. Hoel, 465 N.W.2d 669, 672(Iowa Ct. App. 1990).
If you're interested in more on the subject of diamonds and broken promises, take a look at this dissenting opinion from the Pennsylvania Supreme Court in a 2002 decision.
Posted on January 17, 2006 in Property Distribution | Permalink
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January 13, 2006
"Right to Marry" Constitutional Challenge
On December 13, 2005, twelve gay and lesbian residents of Iowa filed suit against the Polk County Recorder directly challenging the constitutionality of Iowa's marriage laws. A PDF copy of the petition is available via the link below. As of this post, no substantive filings or orders have been issued, but check back for further updates. Pleadings and other court filings of substance will be posted here as they become available.
Varnum_Petition.pdf
Posted on January 13, 2006 | Permalink
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Main
| February 2006 »
January 26, 2006
Wisconsin Codifies "Internet Visitation"
The Wisconsin legislature passed this "internet visitation" bill into law yesterday. Allow commonly referred to as "internet visitation," the bill essentially codifies many standard decretal provisions that allow for telephone contact between the custodial and non-custodial parent.
The following summary is from the Wisconsin Legislative Reference Bureau: This bill provides that, if the court grants periods of physical placement to both
parents, the court may grant to a parent a reasonable amount of electronic
communication at reasonable hours during the other parent’s periods of physical
placement with the child. Electronic communication is defined as time during which
a parent and his or her child communicate by using various types of communication
tools, such as the telephone, electronic mail, instant messaging, and video
conferencing or other wired or wireless technologies via the Internet. The basis for
granting electronic communication is whether it is in the child’s best interest and
whether equipment for providing electronic communication is reasonably available
to both parents. Electronic communication may be used only to supplement, and not
as a substitute or replacement for, the physical placement that a parent has with the
child.
The bill provides that a parenting plan that a party files with the court before
a pretrial conference when legal custody or physical placement is contested must
include any electronic communication a parent is requesting and must indicate
whether equipment for providing electronic communication is reasonably available
to both parents. The bill also provides that, if a parent is proposing to move with the child and the other parent objects to the move, the court may not use the availability of electronic communication as a factor in support of a modification of physical placement or a refusal to prohibit the parent from moving with the child."
Posted on January 26, 2006 in Other States, Visitation | Permalink
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Comments (0)
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TrackBack (1)
January 23, 2006
Man Fakes Death to Avoid Child Support
Via Google News comes the following from South Carolina:
January 18, 2006 - A 58-year-old man who bragged about being a deadbeat dad admits he went to extreme lengths to avoid paying child support. The shock came when the deadbeat dad was found alive.
On March 5, 1979, a family court judge found Johnny Martin to be in contempt of court for failing to pay $4,120 in court-ordered child support payments for two of his children, according to Sheriff James Metts. The judge ordered Martin to pay the money or serve one year in jail at the Lexington County Detention Center. Martin didn't pay. At the detention center, Martin was assigned to be an inmate worker in 1979 and escaped after he was let out to conduct his assigned duties.
A couple of months later, someone, no one knows who, told the family court judge he died. But Tuesday night Martin was found alive and well, just 26 years older, with a mustache. He was in Myrtle Beach with his girlfriend. Lexington County Sheriff James Metts says, "He has admitted to us he faked his death in a bar fight in Alabama." He did that to avoid paying child support, which was $4,000 at the time. Martin was a father to a six and nine year old.
After being informed about new facts in the case, a Lexington County family court judge on Tuesday re-opened the case against Martin for unpaid child support and issued a bench warrant for Martin's arrest for lying about his death to avoid paying child support. 11th Circuit Family Court Judge Richard W. Chewning, III, ruled in the bench warrant issued for Martin that the case against Martin for unpaid child support was "previously dismissed under false pretenses."
His current wife, Phyllis Martin, told WIS in a phone interview he boasted about being a deadbeat dad, "He just bragged that he never paid child support. There was no ... man in a dress [referring to the judge's robes] that was going to tell him what to do."
So just how did he get caught? Last week, Martin's first wife, the mother of his kids, saw another escapee on television return to jail in Lexington County. She'd heard rumors about her ex-husband and called the sheriff's department.
The sheriff says for 20 years, Martin lived in Myrtle Beach, ran an auto repair shop and remarried three times. Martin was arrested at his home on Avenue South where he lived with a girlfriend.
He uses his real name and, even now, deputies say he insists he's not going to pay. Sheriff Metts describes Martin, "Very arrogant, very arrogant. He was not taken down very easily. A scuffle ensued to arrest him." The sheriff says Martin also told them there is no jail big enough or tough enough to hold him.
Right now, he's being held at the Lexington County Detention Center. He faces charges for the escape and could be have to pay back more than $30,000 in child support. Martin will remain in jail while awaiting a hearing in Lexington County Family Court on Friday, January 20. During the hearing, a family court judge will determine what sanctions Martin will face.
"Johnny Martin is the ultimate dead-beat dad, faking his own death to avoid paying money to support his young children who were living in Lexington County," Metts said. "We have worked closely with the family court to ensure that Martin was brought to justice in Lexington County for his unprecedented efforts to avoid making court-ordered child support payments."
A magistrate on Wednesday morning set bond for Martin at $1 million on the escape
Posted on January 23, 2006 in Oddities | Permalink
|
TrackBack (0)
January 20, 2006
Final Blow to Grandparent Visitation
Today's ruling from the Iowa Supreme Court in Spiker v. Spiker puts a definitive end to any lingering questions about grandparent visitation in Iowa. The court previously found the Iowa grandparent visitation statute unconstitutional on its face. In re Marriage of Howard, 661 N.W.2d 183, 187 (Iowa 2003). The Spiker decision holds that any pre-existing court orders will no longer be considered enforceable and will be vacated if challenged.
On a technical note, the decision contains an excellent discussion of several abstract legal principles, including law of the case, res judicata, issue preclusion, and claim preclusion, as well as a discussion of why so-called "final" judgments in custody and child support cases are not truly ever "final" judgments.
Posted on January 20, 2006 in Visitation | Permalink
|
TrackBack (0)
January 17, 2006
Who Gets the Engagement Ring if the Marriage Is Called Off
This question seems to come up more often every year: Male caller: "Do I get the engagement ring back? She called off the wedding." Female caller: "Do I get to keep the engagement ring? He called off the wedding."I'm leaving out the "rest of the story" that always accompaniesthe reasonsthe wedding was called off. Why? Because it doesn't matter under Iowa law:In 1990, the Iowa Court of Appeals adopted the "no fault" approach: "[W]e hold an engagement ring given in contemplation of marriage is an impliedly conditional gift; it is a completed gift only upon marriage. If the wedding is called off, for whatever reason, the gift is not capable of becoming a completed gift and must be returned to the donor." Fierro v. Hoel, 465 N.W.2d 669, 672(Iowa Ct. App. 1990).
If you're interested in more on the subject of diamonds and broken promises, take a look at this dissenting opinion from the Pennsylvania Supreme Court in a 2002 decision.
Posted on January 17, 2006 in Property Distribution | Permalink
|
TrackBack (0)
January 13, 2006
"Right to Marry" Constitutional Challenge
On December 13, 2005, twelve gay and lesbian residents of Iowa filed suit against the Polk County Recorder directly challenging the constitutionality of Iowa's marriage laws. A PDF copy of the petition is available via the link below. As of this post, no substantive filings or orders have been issued, but check back for further updates. Pleadings and other court filings of substance will be posted here as they become available.
Varnum_Petition.pdf
Posted on January 13, 2006 | Permalink
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Comments (0)
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