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February 20, 2008
U.S. Supreme Court Accepts Certiorari in QDRO Case
The United States Supreme Court accepted certiorari in the 5th Circuit case of Kennedy v. E.I. Dupont, 497 F.3d 426 (5th Cir. 2007). The issue the Court will consider is limited to whether a Qualified Domestic Relations Order (QDRO) is the only valid way a divorcing spouse can waive her right to receive her ex-husband's pension benefits under ERISA. The case involves a former spouse who waived her right in the divorce decree to receive any part of her husband's "saving and investment plan" provided by Dupont. The husband was the "participant" in the pension plan; the wife would have been the "alternate payee" had she received a portion of the husband's plan benefits. The plan qualifies as a qualified ERISA plan. After the divorce, the ex-husband/employee never changed his beneficiary designation before his death. The plan paid the ex-wife and the husband's estate sued the pension plan. The 5th Circuit held the waiver of the wife's beneficial interest in the divorce decree was prohibited by ERISA's "anti-alienation" provisions. The 5th Circuit Court of Appeals decided that the only method by which a participant's or beneficiary's interest in an ERISA-covered plan can be accomplished is by QDRO. The court also noted that the cases involving waivers of ERISA-covered life insurance policies are not applicable here since those are welfare plans and not pension plans there therefore the anti-alienation provisions are not applicable. There is a conflict of decisions by the various federal courts of appeal on this issue. The 5th Circuit Court of Appeals decision is available in PDF format . (URL last visited 2/20/2008).
Posted on February 20, 2008 in Federal Laws-Cases, Property Distribution | Permalink
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February 13, 2008
Iowa Court of Appeals Decisions for February 13, 2008
Selected family law decisions from the Iowa Court of Appeals issued February 13, 2008, are available . No Chapter 232 termination of parental rights decisions are included.
Posted on February 13, 2008 in Appellate (Iowa) Decisions | Permalink
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February 06, 2008
Marriage Tames Geniuses and Criminals
According to a study by a psychologist at the University of Canterbury in New Zealand: Creative genius and crime express themselves early in men but both are turned off almost like a tap if a man gets married and has children, a study says. Satoshi Kanazawa, a psychologist at the University of Canterbury in New Zealand, compiled a database of the biographies of 280 great scientists, noting their age at the time when they made their greatest work.
The data remarkably concur with the brutal observation made by Albert Einstein, who wrote in 1942: "A person who has not made his great contribution to science before the age of 30 will never do so." "Scientific productivity indeed fades with age," Dr Kanazawa says. "Two-thirds (of all scientists) will have made their most significant contributions before their mid-30s." But, regardless of age, the great minds who married virtually kissed goodbye to making any further glorious additions to their CV. Within five years of making their nuptial vows, nearly a quarter of married scientists had made their last significant contribution to history's hall of fame. "Scientists rather quickly desist (from their careers) after their marriage, while unmarried scientists continue to make great scientific contributions later in their lives," says Dr Kanazawa. The energy of youth and the dampening effect of marriage, he adds, are also remarkably similar among geniuses in music, painting and writing, as well as in criminal activity. Previous studies have documented that delinquents are overwhelmingly male, and usually start out on the road to crime in their teens. But those who marry well, subsequently stop committing crime, whereas criminals at the same age who remain unmarried tend to continue their unlawful careers. Dr Kanazawa suggests "a single psychological mechanism" is responsible for this: the competitive edge among young men to fight for glory and gain the attention of women. That craving drives the all-important male hormone, testosterone. Dr Kanazawa theorises after a man settles down, the testosterone level falls, as does his creative output. The study appears in in the August issue of the Journal of Research in Personality, published by the Elsevier group. Text Source: ABC News Online.
Posted on February 06, 2008 in Oddities | Permalink
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Main
| October 2008 »
February 20, 2008
U.S. Supreme Court Accepts Certiorari in QDRO Case
The United States Supreme Court accepted certiorari in the 5th Circuit case of Kennedy v. E.I. Dupont, 497 F.3d 426 (5th Cir. 2007). The issue the Court will consider is limited to whether a Qualified Domestic Relations Order (QDRO) is the only valid way a divorcing spouse can waive her right to receive her ex-husband's pension benefits under ERISA. The case involves a former spouse who waived her right in the divorce decree to receive any part of her husband's "saving and investment plan" provided by Dupont. The husband was the "participant" in the pension plan; the wife would have been the "alternate payee" had she received a portion of the husband's plan benefits. The plan qualifies as a qualified ERISA plan. After the divorce, the ex-husband/employee never changed his beneficiary designation before his death. The plan paid the ex-wife and the husband's estate sued the pension plan. The 5th Circuit held the waiver of the wife's beneficial interest in the divorce decree was prohibited by ERISA's "anti-alienation" provisions. The 5th Circuit Court of Appeals decided that the only method by which a participant's or beneficiary's interest in an ERISA-covered plan can be accomplished is by QDRO. The court also noted that the cases involving waivers of ERISA-covered life insurance policies are not applicable here since those are welfare plans and not pension plans there therefore the anti-alienation provisions are not applicable. There is a conflict of decisions by the various federal courts of appeal on this issue. The 5th Circuit Court of Appeals decision is available in PDF format . (URL last visited 2/20/2008).
Posted on February 20, 2008 in Federal Laws-Cases, Property Distribution | Permalink
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February 13, 2008
Iowa Court of Appeals Decisions for February 13, 2008
Selected family law decisions from the Iowa Court of Appeals issued February 13, 2008, are available . No Chapter 232 termination of parental rights decisions are included.
Posted on February 13, 2008 in Appellate (Iowa) Decisions | Permalink
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February 06, 2008
Marriage Tames Geniuses and Criminals
According to a study by a psychologist at the University of Canterbury in New Zealand: Creative genius and crime express themselves early in men but both are turned off almost like a tap if a man gets married and has children, a study says. Satoshi Kanazawa, a psychologist at the University of Canterbury in New Zealand, compiled a database of the biographies of 280 great scientists, noting their age at the time when they made their greatest work.
The data remarkably concur with the brutal observation made by Albert Einstein, who wrote in 1942: "A person who has not made his great contribution to science before the age of 30 will never do so." "Scientific productivity indeed fades with age," Dr Kanazawa says. "Two-thirds (of all scientists) will have made their most significant contributions before their mid-30s." But, regardless of age, the great minds who married virtually kissed goodbye to making any further glorious additions to their CV. Within five years of making their nuptial vows, nearly a quarter of married scientists had made their last significant contribution to history's hall of fame. "Scientists rather quickly desist (from their careers) after their marriage, while unmarried scientists continue to make great scientific contributions later in their lives," says Dr Kanazawa. The energy of youth and the dampening effect of marriage, he adds, are also remarkably similar among geniuses in music, painting and writing, as well as in criminal activity. Previous studies have documented that delinquents are overwhelmingly male, and usually start out on the road to crime in their teens. But those who marry well, subsequently stop committing crime, whereas criminals at the same age who remain unmarried tend to continue their unlawful careers. Dr Kanazawa suggests "a single psychological mechanism" is responsible for this: the competitive edge among young men to fight for glory and gain the attention of women. That craving drives the all-important male hormone, testosterone. Dr Kanazawa theorises after a man settles down, the testosterone level falls, as does his creative output. The study appears in in the August issue of the Journal of Research in Personality, published by the Elsevier group. Text Source: ABC News Online.
Posted on February 06, 2008 in Oddities | Permalink
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