Morgan Laura

Attorneys, Adoption Law Attorneys, Bankruptcy Law Attorneys

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Neighborhood: North Downtown
AKA: Morgan, Laura W
Categories: Attorneys, Adoption Law Attorneys, Bankruptcy Law Attorneys, Bankruptcy Services, Business Law Attorneys, Child Custody Attorneys, Corporation & Partnership Law Attorneys, Criminal Law Attorneys, Divorce Attorneys, Family Law Attorneys, Labor & Employment Law Attorneys, Legal Service Plans, Malpractice Law Attorneys, Medical Malpractice Attorneys, Patent, Trademark & Copyright Law Attorneys, Wrongful Death Attorneys

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Phone: (434) 817-1880

Address: 108 5th St SE Ste 211, Charlottesville, VA 22902

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Morgan Laura

Divorce
Luszcz v. Lavoie, 787 So. 2d 245 (Fla. DCA 2001), the ex-husband was named the beneficiary of the wife’s IRA at the time of her death. The court held that despite the language of the agreement waiving each spouse’s interest in the other’s IRA, the beneficiary designation was a “separate contract” from the divorce agreement. Thus, the ex-husband was entitled to the survivor benefits.
Child Support
Author of Child Support Guidelines: Interpretation and Application (Wolters Kluwer, 1st ed. 1996, 2d ed. 2012 and Supps.), the leading treatise on child support guidelines in the United States and was the Chair of the Child Support Committee of the Family Law Section of the American Bar Association for six years. As a nationalexpert on child support, she has acted as special consultant to many state child support guidelines review commissions, as well as to the federal government of Canada.
Child Custody and Visitation
In 1997, the Uniform Law Commissioners adopted the Uniform Child Custody Jurisdiction and Enforcement Act( UCCJEA), intending to replace the Uniform Child Custody Jurisdiction Act (UCCJA). As stated in the Prefatory Note...
Adoption
Paternity
Premarital Agreement
Laura’s firm, Family Law Consulting, is unique. I have frequently used Laura’s services in assisting with national legal research issues and for in-depth issues on state law. Laura’s knowledge and experience in handling any issue related to custody or premarital agreements is outstanding.
Guardianship
The Indian Child Welfare Act of 1978 and the Missed Opportunity to Apply the Act in Guardianships, 46 Saint Louis University Law Journal 213 (Winter 2002)
Spousal Support
As to true periodic spousal support that is incorporated but not merged, there are four ways the courts approach the issue of modification of spousal support contained in a separation agreement incorporated into a decree of divorce. First, some states provide that the court always has the authority to modify spousal support, even if the parties agree to make the support nonmodifiable (Rule 1). This is an extreme minority position. Second, some states provide that the court has the authority to modify spousal support, unless the agreement provides otherwise (Rule 2). Third, some states provide that the court has the authority to modify spousal support, unless the agreement provides otherwise; however, the change in circumstances threshold is higher (Rule 3). Fourth, some states provide that the court no power to modify the spousal support provisions of an unmerged agreement, unless the agreement specifically provides that the court can modify the spousal support provisions (Rule 4).
Legal Separation
Th Circuit, July 12, 2005): Under COBRA, 29 U.S.C. §§ 1161-1168, a "legal separation" occurs only upon entry of a final court decree adjudicating the parties legal rights and obligations but preserving the marriage bond.
Annulment
Mayo v. Mayo, No. COA04-1334 (North Carolina Court of Appeals, August 16, 2005): The wife's concealment of five of her seven prior marriages constituted sufficient fraud to serve as a basis for annulment.
Child Abuse
Understanding and Reporting Child Abuse: Legal and Psychological Perspectives: Part One: Physical Abuse, Sexual Abuse, and Neglect, 32 The Journal of Psychiatry & Law 315 (Fall 2004)

Criminal Defense
Webster’s Third New International Dictionary (unabridged ed. 1961): “voluntary sexual intercourse between a married man and someone other than his wife or between a married woman and someone other than her husband.” The court also looked to the criminal law’s definition of adultery: “A person is guilty of a class B misdemeanor if, being a married person, he engages in sexual intercourse with another not his spouse or, being unmarried, engages in sexual intercourse with another known by him to be married.” RSA 645:3 (1996). The court concluded that based upon the foregoing definitions, adultery under the divorce code does not include homosexual relationships.
Wrongful Death
Corbett v. Corbett, 2 All. E.R. 33 (P.1970), an English case, the Texas court concluded that “the biological sexual constitution of an individual is fixed at birth (at the latest), and cannot be changed, either by the natural development of organs of the opposite sex, or by medical or surgical means.” Thus, because Christie was born male, she was male for purposes of the marriage. The marriage was thus void, and Christie could not pursue a wrongful death action as Littleton’s surviving spouse. The court also cited as support
Sex Crimes
Inequality from Gender-Neutral Laws: Why Must Male Victims of Statutory Rape Pay Child Support for Children Resulting from Their Victimization?, 36 Georgia Law Review 411 (Winter 2002)
Fraud
Here, Plaintiff’s RICO claim is based on Defendants’ alleged mail and wire fraud. Although the alleged fraudulent scheme perpetrated by the Defendants may be accurately described as “garden variety” fraud, such a characterization is not fatal to Plaintiff’s RICO claim under the current state of the law.
Misdemeanors
An amendment to VAWA, effective September 30, 1996, makes it a crime to possess a firearm after conviction of a misdemeanor crime of domestic violence, even if the conviction occurred before the law’s effective date. 18 U.S.C. § 922(g)(9).
Assault
Armes v. Campbell, 603 S.W.2d 249 (Tex. App.-El Paso 1980, no writ), the paternal grandmother filed an action for assault and false imprisonment against a private investigator hired by the child’s mother to locate the child and return him to her. The grandmother had been given custody of the child by the child’s father, who had obtained custody under the divorce decree. After the mother remarried, she wished to regain custody of her son, and hired Jay J. Armes to find the child and bring him back to her. The private investigator’s conduct constituted assault and battery, and consequently, both the investigator and mother were held liable.
Murder
The court acknowledged that U.S. State Department had issued a warning against U.S. citizens traveling in Colombia, because of the threat of kidnaping, hijacking, and murder. The court also acknowledged that over 120 United States citizens had been kidnaped in Colombia over the past 20 years. Nonetheless, the court found that no threat has ever been directed to Isidoro and he had lived in Barranquilla without incident for one and a half years after the threat Rodriguez believed was directed to him. “At most, then, the evidence establishes (i) that Colombia may be a dangerous place for some American businessmen and (ii) that there has been a threat to Rodriguez in Barranquilla. There is no persuasive evidence specifically establishing a risk to Isidoro of kidnaping or violence in Barranquilla.”
Kidnapping
An attorney or spouse may be liable for the acts of a private detective who assists a parent kidnapping his or her own child when the private detective is hired by the attorney or spouse. For example, in

Business and Corporate Law

Corporate Law
“The appellant, Constance G. Hasselbalch, appeals from the decree granting her a divorce from the appellee, Michael Hasselbalch. Constance raises several issues on appeal, contesting the trial court’s procedural rulings and evidentiary findings, following a bench trial. Specifically, Constance contends the trial court erred in: (1) denying her motion for continuance; (2) quashing her trial subpoena of an attorney for another party; (3) excluding the testimony of her expert witness; (4) admitting the testimony of two of Michael’s expert witnesses; (5) limiting her redirect examination of a fact witness; (6) finding that she did not seek enforcement of a corporate shareholder agreement; (7) awarding certain separate property to Michael; (8) finding the evidence insufficient to establish the existence of an inheritance [of $10 million] to Michael; (9) awarding her attorney’s fees of only $22,000; (10) making an implicit finding that no delayed limited partnership distributions existed; (11) finding that Michael had not given away 17% of his ownership in a closely held corporation; and (12) finding the community estate had no ownership in a company known as Lambert International, Ltd.... We affirm.”
Intellectual Property

Employment Contract
How should a court classify a “signing bonus”? That is, should a bonus that is received during the marriage upon the acceptance of an employment agreement, but actually earned after the marriage, be marital or separate property?
Severance Agreement
In re Marriage of Jones, No. H020669 (California Court of Appeals, Sixth District, August 31, 2001): Husband appealed the property division, claiming that the wife’s post-termination salary, derived from a right contained in her original employment contract during marriage and from her service during her employment, was community property, that her extra year of stock option vesting was derived from salary earned during the marriage, and that a diamond ring purchased during the marriage was community property. The court affirmed as to the severance pay and stock options, but reversed on the ring. The case is very interesting for its discussion of severance pay.

Medical Malpractice
When Christie was 37 years old in 1989, she married John Mark Littleton, and she lived with him as husband and wife until Littleton’s death in 1996. They had normal sexual relations during their marriage. After Littleton’s death, Christie filed a medical malpractice suit under the Texas Wrongful Death and Survival statute in her capacity as his surviving spouse. The defendants filed a motion for summary judgment, contending that Christie, a man, could not be the surviving spouse of another man.

Trusts and Estates

Probate

Bankruptcy
Nelson v. Ramette, 01-6072MN (United States District Court, Eighth Circuit, March 21, 2002): The debtor husband was awarded an interest in his former spouse’s ERISA-qualified retirement plan in the amount of approximately $71,000.00 pursuant to a divorce decree and a Domestic Relations Order. After the divorce, but prior to receiving a distribution from the retirement plan, the husband filed for Chapter 7 bankruptcy relief and asserted that the interest was either not property of his bankruptcy estate, or, alternatively, that it was exempt under either 11 U.S.C. § 522(d)(5) or 11 U.S.C. § 522(d)(10)(E). The bankruptcy court ruled that the interest was property of the bankruptcy estate and was not exempt except in the amount of $4,525.00, which was the remaining sum available under the wildcard exemption set forth in 11 U.S.C. § 522(d)(5). The husband appealed from the bankruptcy court’s ruling that his interest in the ERISA-qualified retirement plan was property of the bankruptcy estate. The Eighth Circuit reversed, relying on

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