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Divorce & Family Law: November 2014 Archives

Trial Court Declines to Extend Alimony Despite Wealthy Former Husband's Ability to Pay

The Alimony Reform Act of 2011 provides for alimony to presumptively terminate when a payor reaches full retirement age unless a Court finds that a material change in circumstances has occurred and there is clear and convincing evidence to support an extension of the payments.  While appellate courts have yet to rule as to what facts and circumstances may justify such an extension, at least one trial court has found that the ability of a wealthy former spouse to continue to pay support after reaching full retirement age is not, in and of itself, sufficient to justify an extended alimony order.

The Civil Aspects of International Child Abduction

The Hague Convention on the Civil Aspects of International Child Abduction (the "Hague Convention") is a multilateral treaty.  The signatory countries cooperate in returning children to their home country for custody proceedings. The United States assisted in drafting the Hague Convention and became a signatory in 1981.  Hague Convention cases sometimes involve disputes over visitation rights, but more often these cases focus on returning a child whose parent has wrongfully removed the child from the home country or wrongfully retained the child in a foreign country.  In return cases, the left-behind parent with custodial rights seeks the child's return to the country of habitual residence.  Once the child is returned, the court in the child's home country can evaluate the underlying merits of the custody dispute.  

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