Child Support Reversed in Chattanooga Divorce: Culver v. Culver

Originally posted on Knoxville, TN Divorce Lawyer, Child Custody, Child Support, Alimony:

Facts: Husband and Wife divorced after 20 years of marriage. They have two children.

One issue at trial was the parties’ respective incomes for the purpose of determining child support.

Husband alleged Wife receives rent from her sister, who lives with Wife. However, Wife testified unequivocally at trial that she receives no rent from her sister because of her sister’s health problems.

There is no other proof in the record regarding whether Wife receives $500 per month in rental income from her sister.

When determining Wife’s income for child support purposes, the trial court found Wife receives $500 in rental income each month.

Wife appealed.

On Appeal: The Court of Appeals reversed the trial court.

On appeal, Husband cited no proof in the record supporting the proposition that Wife receives $500 per month in rental income from her sister.

Because child support decisions retain an element…

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The Round Up: Fast-track Failings and Obergefell ‘egoism’

Originally posted on UK Human Rights Blog:

Photo credit: Guardian Photo credit: Guardian

Laura Profumo brings you the latest human rights happenings.

In the News:

In a critical, though arguably overdue, decision, the Court of Appeal has suspended the fast-track immigration appeals system. The process, under which rejected asylum seekers are detained and given only seven days to appeal, was held “structurally unfair” by the High Court, before being halted altogether by last week’s appeal. The ruling was welcomed by the appellant charity, Detention Action, as meaning “asylum seekers can no longer be detained…simply for claiming asylum”. Previously, the fast-track deadlines could be imposed on any asylum seeker from any country, if the Home Office considered their case could be decided quickly. This marks the third time courts have found the system to be unlawful, yet the suspension will now stay in force until a government appeal is mounted. The decision deals a major blow to a system which…

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Researching Reform For Jordans: Will A Moratorium On Material Destruction Be Enough To Safeguard Child Abuse Evidence?

Originally posted on Researching Reform:

This month for our column over at Jordans we look at the nation’s child abuse inquiry and its latest guidance on the destruction of materials. We also ask whether the moratorium on the destruction of files and papers relating to child protection will be enough to stop more files going missing.

You can catch our article for Jordans here. 

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Global markets forced down after Greece vote

Originally posted on Eyes on Europe & Middle East News:

Global markets expanded losses on Monday 6th of July after voters in Greece rejected austerity plans demanded by international creditors, casting doubt on the country’s future in the euro zone.

Benchmarks in Asia and Europe fell sharply and U.S. stock futures also declined.

Tokyo’s Nikkei 225 index dropped 2.1% to close at 20,112.12. In Hong Kong, the Hang Seng index was down 3.3% to 25,205.56. Chinese shares bucked the trend, with the Shanghai composite index gaining almost 6% after the market opened, though it later trimmed its advance to 2.5%. In Germany, the DAX index was 1.5% lower and France’s CAC 40 dropped 1.7%. Britain’s FTSE 100 was down 0.9%.

On Wall Street, closed Friday for the Independence Day holiday, S&P 500 futures were down 0.8% while the Dow and Nasdaq were 0.9% lower.
Crude-oil futures were off 3.8% to $54.75 a barrel.
The euro initially lost more than 1.1%…

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The “Black Cab Rapist” – Court of Appeal rules on Article 3 investigative duty

Originally posted on UK Human Rights Blog:

Metropolitan PoliceCommissioner of the Police for the Metropolis v DSD and NBV and Alio Koraou v Chief Constable of Manchester [2015] EWCA Civ 646 – read judgment

The Court of Appeal has ruled that the police have a positive duty under Article 3 ECHR to conduct investigations into alleged ill-treatment by private individuals. There is a sliding scale from deliberate torture by State officials to the consequences of negligence by non-State agents. The margin of appreciation enjoyed by the State in terms of complying with the Article 3 procedural duty widens at the bottom of the scale but narrows at the top.

Background

This was an appeal brought by the Metropolitan Police Service (MPS) against the decision of Green J in the High Court that the police force were in breach of the prohibition on inhuman or degrading treatment or punishment under Article 3 ECHR. A summary of the judgment at first instance…

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