Wex

family law

Child Support

child support: an overview

Child support refers to the sum that the noncustodial parent must pay to the custodian. This sum serves as a parental contribution for the child's basic living expenses, such as food, clothing, shelter, health care, and education. When a court orders a parent to pay child support, the parent must pay directly to the child's custodian rather than directly to the child. States generally do not impose an obligation to pay support for a child after that child has reached the age of 18.

menu of sources

Federal Material

U.S. Constitution and Federal Statutes

28 U.S.C. § 1738A - Full Faith and Credit Given to Child Custody Determinations
42 U.S.C. § 651 - Child Support Enforcement Act
25 U.S.C., Ch. 21 - Indian Child Custody (See especially Subchapter I)
CRS Annotated Constitution

Federal Regulations

45 C.F.R. ch. III - Office of Child Support Enforcement

State Material

State Statutes

Uniform Laws (See LII Locator for Uniform Matrimonial, Family, and Health Laws):
- Uniform Child Custody Jurisdiction Act (adopted in all 50 states plusthe District of Columbia)
- Uniform Marriage and Divorce Act (adopted in Arizona, Colorado, Illinois, Kentucky, Minnesota, Missouri, Montana, Washington)
State Divorce Laws

International Material

Conventions and Treaties

Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children (19 Oct 96)

Other References

Key Internet Sources

Children's Rights

children's rights: an overview

A child is a person and not a subperson over whom the parent has an absolute possessory interest. The term "child" does not necessarily mean minor but can include adult children as well as adult nondependent children. Children are generally afforded the basic rights embodied by the Constitution. See Civil Rights of Children.

menu of sources

Federal Material

Federal Statutes

25 U.S.C., Ch. 21 - Indian Child Welfare Act
42 U.S.C. § 1983 - Civil Rights of Children
42 U.S.C., Ch. 67 - Child Abuse Prevention and Adoption Reform Act
42 U.S.C., Ch. 7 - Social Security Act
42 U.S.C., Ch. 6 - The Children's Bureau

Federal Judicial Decisions

U.S. Supreme Court:
- Recent Decisions Involving Children
- Historic Decisions Involving Children
U.S. Circuit Courts of Appeals: Recent Decisions Involving Children

State Material

State Statutes

Uniform Laws Dealing with Children -- including:
- Uniform Parentage Act
- Uniform Child Custody Jurisdiction Act (Adopted in All States and the District of Columbia)
State Laws on Emancipation
State Family Law Statutes

State Judicial Decisions

N.Y. Court of Appeals:
- Decisions Regarding Children
- Commentary from liibulletin-ny
Appellate Decisions from Other States

International Material

Conventions and Treaties

Other References

Key Internet Sources

Emancipation of minors - laws

table_emancipation

Laws of the Fifty States, District of Columbia and Puerto Rico Governing the Emancipation of Minors

This page links to the laws of the states dealing with the "emancipation" of minors, that is, the provisions dealing with when and on what conditions children are released from parental authority and become "adults" for important legal purposes..

Related LII materials include:

wex

Read more about Emancipation of minors - laws

Divorce laws

table_divorce

Divorce Laws of the Fifty States, District of Columbia and Puerto Rico

This page links to the divorce laws of the states and to tables summarizing some of their salient points. Those interested in the divorce law of a particular jurisdiction should review its law directly rather than rely on the tables which may not be fully accurate or complete.

Related LII materials include:

wex

family law

statutes

Read more about Divorce laws

Marriage laws

table_marriage

Marriage Laws of the Fifty States, District of Columbia and Puerto Rico

This table links to the marriage laws of the states and attempts to summarize some of their salient points. Those interested in the marriage law of a particular jurisdiction should review its law directly rather than rely on this summary which may not be fully accurate or complete.

Related LII materials include:

wex

family law

statutes

Read more about Marriage laws

Personal Autonomy

Overview

The Supreme Court does not use the phrase "personal autonomy" very often. Unlike privacy, it is not a fundamental right. As such, it is still a very limited concept regarding its impact on legal jurisprudence.

menu of sources

Federal Material

U.S. Supreme Court: Historic Right of Privacy-Personal Autonomy Decisions

Griswold v. Connecticut, 381 U.S. 479 (1965)
Stanley v. Georgia, 394 U.S. 557 (1969)
Roe v. Wade, 410 U.S. 113 (1973)
Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973)
Whalen v. Roe, 429 U.S. 589 (1977)
Bowers v. Hardwick, 478 U.S. 186 (1986)
Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992)
Lawrence v. Texas (2003)

State Material

State Judicial Decisions

N.Y. Court of Appeals:
- Commentary from liibulletin-ny
- Search N.Y. Court of Appeals Decisions
Appellate Decisions from Other States

Other References

Good Starting Point in Print:

Turkington & Allen-Castellitto Privacy Law: Cases & Materials, West Group (2002)

Employment Discrimination

Menu of Sources

Federal Material

U.S. Constitution and Federal Statutes

42 U.S.C. §§ 1981, 1981a, 1983, 1988 - Nineteenth Century Civil Rights Acts
42 U.S.C. Chapter 21 - Civil Rights Act of 1964
29 U.S.C. § 206 - Equal Pay Act of 1963
42 U.S.C. Chapter 126 - Americans with Disabilities Act of 1990
29 U.S.C. §§ 621 - 634 - The Age Discrimination in Employment Act
29 U.S.C. §§ 791, 793, 794(a) - The Rehabilitation Act
CRS Annotated Constitution

Federal Agency Regulations

Code of Federal Regulations: 29 CFR, Chapt. XIV - Equal Employment Opportunity Commission

Federal Judicial Decisions

U.S. Supreme Court:

State Material

State Statutes

New York State law prohibiting employment discrimination - New York Executive Law § 296
California statute prohibiting discrimination in public works employment - California Labor Code § 1735
California statute to prevent discrimination based on sexual orientation - California Government Code §12940.
California act requiring equal pay for equal work - California Labor Code §1197.5
Equal Rights Court Decisions Under the Wisconsin Fair Employment Act
State Statutes Dealing with Labor

State Judicial Decisions

N.Y. Court of Appeals:
- Decisions on Employment Discrimination
- Commentary from LII Bulletin- NY
Appellate Decisions from Other States

Other References

Key Internet Sources

Useful Offnet (or Subscription - $) Sources

Good Starting Point in Print: Harold S. Lewis and Elizabeth J. Norman, Employment Discrimination Law and Practice (Hornbook), West Group (2004)

Marriage

Definition

The legal union of a couple as spouses. The basic elements of a marriage are: (1) the parties' legal ability to marry each other, (2) mutual consent of the parties, and (3) a marriage contract as required by law.

Menu of Sources

Federal Material

U.S. Constitution

CRS Annotated Constitution

Federal Judicial Decisions

U.S. Supreme Court:

State Material

State Statutes

State Marriage Laws
Uniform Laws (See LII Locator for Uniform Matrimonial, Family, and Health Laws)

State Judicial Decisions

N.Y. Court of Appeals:
- Cases
- Commentary from LII Bulletin-NY
Appellate Decisions from Other States

Other References

Key Internet Sources

Estates and Trusts

estates and trusts: an overview

During the early 1500's in England landowners found it advantageous to convey the legal title of their land to third parties while retaining the benefits of ownership. Because they were not the real "owners" of the land, and wealth was primarily measured by the amount of land owned, they were immune from creditors and may have absolved themselves of some feudal obligations.

menu of sources

Federal Material

U.S. Constitution and Federal Statutes

U.S. Code: 26 U.S.C., Subtitle B - Federal Estate & Gift Tax
CRS Annotated Constitution

Federal Agency Regulations

Code of Federal Regulations: 26 C.F.R., Chapter 1, Subchapter B - Estate (part 20) and Gift (part 25) Taxes

Federal Judicial Decisions

U.S. Supreme Court:
- Recent Trusts and Estates Decisions
- liibulletin Oral Argument Previews
U.S. Circuit Courts of Appeals: Recent Trusts and Estates Decisions

State Material

State Statutes

Uniform Laws:
- Uniform Probate Code
- Uniform Trusts Act (Draft)
- Uniform Fiduciaries Act
State Statutes Dealing with:

State Judicial Decisions

N.Y. Court of Appeals:
- Recent Estate and Trust Cases
- Commentary from liibulletin-ny
Appellate Decisions from Other States

Other References

Key Internet Sources

Useful Offnet (or Subscription - $) Sources

Good Starting Point in Print: Lawrence H. Averill, Jr., Uniform Probate Code in a Nutshell, West Group, 5th ed. (2000)

Estate Planning

estate planning: an overview

Estate planning is the process by which an individual or family arranges the transfer of assets in anticipation of death. An estate plan aims to preserve the maximum amount of wealth possible for the intended beneficiaries and flexibility for the individual prior to death. A major concern for drafters of estate plans is federal and state tax law.

menu of sources

Federal Material

U.S. Constitution and Federal Statutes

U.S. Code: 26 U.S.C., Subtitle B- Federal Estate Gift Tax
CRS Annotated Constitution

Federal Agency Regulations

Code of Federal Regulations: 26 C.F.R., Chapter 1, Subchapter B - Estate (part 20) and Gift (part 25) Taxes

Federal Judicial Decisions

U.S. Supreme Court:
- Recent Estate Planning Decisions
- liibulletin Oral Argument Previews
US Circuit Courts of Appeals: Recent Estate Planning Decisions

State Material

State Statutes

Uniform Laws:
- Uniform Probate Code
- Uniform Trust Code
- Uniform Fiduciaries Act
State Statutes Dealing with:

State Judicial Decisions

N.Y. Court of Appeals:
- Recent Estate Planning Cases
- Commentary from liibulletin-ny
Appellate Decisions from Other States

Other References

Key Internet Sources

Online Use by Attorney

Useful Offnet (or Subscription - $) Sources

Good Starting Point in Print:
- John K. McNulty, Federal and Estate Gift Taxation in a Nutshell, West Group (2003)
- Robert J. Lynn, Introduction to Estate Planning in a Nutshell, West Group (2004)

family law

child support: an overview

menu of sources

Federal Material

U.S. Constitution and Federal Statutes

Federal Regulations

State Material

State Statutes

International Material

Conventions and Treaties

Other References

Key Internet Sources

other topics

children's rights: an overview

menu of sources

Federal Material

Federal Statutes

Federal Judicial Decisions

State Material

State Statutes

State Judicial Decisions

International Material

Conventions and Treaties

Other References

Key Internet Sources

other topics

Laws of the Fifty States, District of Columbia and Puerto Rico Governing the Emancipation of Minors

wex

Divorce Laws of the Fifty States, District of Columbia and Puerto Rico

wex

Marriage Laws of the Fifty States, District of Columbia and Puerto Rico

wex

Overview

menu of sources

Federal Material

U.S. Supreme Court: Historic Right of Privacy-Personal Autonomy Decisions

State Material

State Judicial Decisions

Other References

other topics

Menu of Sources

Federal Material

U.S. Constitution and Federal Statutes

Federal Agency Regulations

Federal Judicial Decisions

State Material

State Statutes

State Judicial Decisions

Other References

Key Internet Sources

Useful Offnet (or Subscription - $) Sources

other topics

Definition

Menu of Sources

Federal Material

U.S. Constitution

Federal Judicial Decisions

State Material

State Statutes

State Judicial Decisions

Other References

Key Internet Sources

other topics

menu of sources

Federal Material

U.S. Constitution and Federal Statutes

Federal Agency Regulations

Federal Judicial Decisions

State Material

State Statutes

State Judicial Decisions

Other References

Key Internet Sources

Useful Offnet (or Subscription - $) Sources

other topics

estate planning: an overview

menu of sources

Federal Material

U.S. Constitution and Federal Statutes

Federal Agency Regulations