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Marital vs Separate Property

There are two distinctions with respect to property and property division in divorce proceedings. The distinction involves which type of property the property constitutes for purposes of division.

QDROs, Pension and Retirement Plan Division in Divorces

In a divorce, retirement benefits are typically subject to division between the parties. The division usually occurs by way of actual division or asset exchange. After the court has determined the actual division of the retirement benefit, a QDRO is issued. A QDRO is a judgment or order that recognizes the existence of the non-employee's right to receive a portion of the employee's retirement benefits.

Medical Support for Children

In most states, child support guidelines require that the cost of health insurance and extraordinary medical expenses of the child be included in establishing each parent's child support obligation.

Child Citizenship Act of 2000 - Obtaining a Passport for a Child

Some children who are born outside of the United States may automatically acquire U.S. citizenship under the Child Citizenship Act of 2000. However, no proof of citizenship will be issued to the child's biological or adoptive parents unless such proof is requested. Parents may obtain proof of citizenship for their child by applying for a Certificate of Citizenship from the United States Bureau of Citizenship and Immigration Services (USCIS). In the alternative, the parents may apply for a passport for the child from the United States Department of State.

Application of the Indian Child Welfare Act

The Indian Child Welfare Act (ICWA) is a federal law that sets minimum standards for the removal of Native American children from their homes. The ICWA is designed to preserve and strengthen Native American families and culture.

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