A Review of the Year in Family Law: Erisa, Jurisdiction, and Third-Party Cases Multiply

Posted: 3 Aug 2017

See all articles by Linda D. Henry Elrod

Linda D. Henry Elrod

Washburn University - School of Law

Robert G. Spector

University of Oklahoma - College of Law

Date Written: 2007

Abstract

This year federal and state courts heard a large volume of cases involving the Employee Retirement Income Security Act (ERISA). The intricacies of federal pension law require lawyers to be more knowledgeable than simply being able to draft a Qualified Domestic Relations Order. In 2005, census data reveals that for the first time non-marital households outnumber marital households. Instead of using the traditional divorce codes to divide property and determine residential arrangements for children, family lawyers may have to prove a relationship that will support some type of property division or convince a judge to define a "parent" beyond just biological or legal parentage. Courts also balanced parental rights with grandparents, former spouses, cohabitants, and same-sex partners, who alleged de facto parenthood and entitlement to seek visitation with children. In addition, many cases involved jurisdictional conflicts between states and countries.

Note: ©2007 by the American Bar Association. Reprinted with permission. All rights reserved. This information or any or portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.

Suggested Citation

Elrod, Linda D. Henry and Spector, Robert G., A Review of the Year in Family Law: Erisa, Jurisdiction, and Third-Party Cases Multiply (2007). Family Law Quarterly, Vol. 40, No. 4, 2007, Available at SSRN: https://ssrn.com/abstract=3012033

Linda D. Henry Elrod (Contact Author)

Washburn University - School of Law ( email )

1700 College Avenue
Topeka, KS 66621
United States
(785) 231-1010 x1838 (Phone)
(785) 231-1037 (Fax)

Robert G. Spector

University of Oklahoma - College of Law ( email )

300 Timberdell Road
Norman, OK 73019
United States

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