Trump Swings His Wrecking Ball at Social Security

NEIL H. BUCHANAN

Neil H. Buchanan—UF law professor and economist—dispels some common misunderstandings about the future of Social Security but explains why President Trump’s recent comments are cause for concern. Buchanan explains why, contrary to claims by reporters and politicians, Social Security is not at the brink of insolvency, but points out that if Trump were to permanently eliminate payroll taxes, that would doom the program on which tens of millions of retirees depend.

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In re A.C.

Court: California Courts of Appeal

Docket: B302248(Second Appellate District)

Opinion Date: August 28, 2020

Judge: Wiley

Areas of Law: Family Law

The Court of Appeal affirmed the juvenile court's finding that placing 12 year old daughter out of state with father would be detrimental to her emotional well-being. The court held that substantial evidence supports the juvenile court's detriment finding where the evidence shows that, among other things, daughter is strongly attached to her mother, half brother, and maternal family; they are loving; daughter is thriving in her grandmother's home; she sees mother daily and wants to reunify with her; and she has many friends, enjoys school, and is excelling academically. The court explained that a court properly may decline placement with a safe and nonoffending parent if that placement would be detrimental to the child's emotional well-being.

In re V.L.

Court: California Courts of Appeal

Docket: B304209(Second Appellate District)

Opinion Date: September 1, 2020

Judge: Judith Ashmann-Gerst

Areas of Law: Family Law

The Court of Appeal affirmed the juvenile court's dispositional order removing son and daughter from father's custody. The court heeded the holding of Conservatorship of O.B. (2020) 9 Cal.5th 989, 995–996, establishing that when a statute requires a fact to be found by clear and convincing evidence, and when there is a substantial evidence challenge, the reviewing court must determine whether the record contains substantial evidence from which a reasonable trier of fact could find the existence of that fact to be highly probable. In this case, the court held that a reasonable trier of fact could have found it highly probable that placement of the minors with father would pose a substantial risk of them being harmed by exposure to future domestic violence, and that there were no reasonable means to protect the minors without removal from father's physical custody. The court rejected father's arguments to the contrary and his argument that the juvenile court's failure to state the facts it relied upon is reversible error. Because the last incident of domestic violence involving father was so dangerous and troubling, it is not reasonably probable that the juvenile court would have reached a different conclusion if it stated the facts it relied upon.

Ray v. Ray

Court: Supreme Court of Mississippi

Citation: 2019-CA-01420-SCT

Opinion Date: September 3, 2020

Judge: Beam

Areas of Law: Family Law

George Ray, Sr., and Johnnita Ray were divorced on the ground of irreconcilable differences, and the chancery court decided issues of property settlement. George appealed, arguing that the chancellor erred by not crediting him for supporting Johnnita’s children, by finding him solely responsible for their joint debt, and by including his military-retirement income into the alimony determination. Finding no reversible error, the Mississippi Supreme Court affirmed the chancellor’s judgment.

Lollar v. Lollar

Court: Supreme Court of Missouri

Docket: SC97984

Opinion Date: September 1, 2020

Judge: Powell

Areas of Law: Family Law

The Supreme Court affirmed the judgment of the circuit court dissolving Wife's marriage to Husband and distributing the marital estate, holding that the circuit court did not err in awarding a marital 401(k) account of uncertain value to Husband. On appeal from the circuit court's apportionment of the marital estate, Wife argued that the circuit court legally erred and abused its discretion in awarding the 401(k) account to Husband in light of Husband's marital misconduct. The Supreme Court disagreed, holding that Wife did not carry her burden to show that the asset and debt division was unfair under the circumstances or that the circuit court committed reversible error.

In re B.T.B.

Court: Utah Supreme Court

Citation: 2020 UT 60

Opinion Date: August 14, 2020

Judge: Pearce

Areas of Law: Family Law

The Supreme Court affirmed the decision of the court of appeals remanding this termination of parental rights case to the juvenile court after clarifying the analysis the juvenile court should have applied when interpreting the termination statute, holding that the court of appeals did not err. The juvenile court found multiple grounds for terminating Father's parental rights and then, in compliance with the statutory framework, concluded that termination was in the children's best interests. The juvenile court then addressed the recent legislative mandate set forth in Utah Code 78A-6-507(1) that termination occur only when it is "strictly necessary" to terminate parental rights. On appeal, Father argued that the juvenile court misinterpreted the "strictly necessary" requirement. The court of appeals clarified the analysis the juvenile court should have employed and remanded the case. The Supreme Court affirmed, holding (1) the court of appeals did not err in disavowing the "almost automatically" language in its case law; (2) the court of appeals properly found that the Termination of Parental Rights Act requires that termination be strictly necessary for the best interests of the child; and (3) the juvenile court should revisit the petition and apply the interpretation of the Act set forth in this petition.

In re Dependency of Z.J.G.

Court: Washington Supreme Court

Docket: 98003-9

Opinion Date: September 3, 2020

Judge: Montoya-Lewis

Areas of Law: Civil Procedure, Family Law, Government & Administrative Law, Native American Law

The "[Indian Child Welfare Act] ICWA and [Washington State Indian Child Welfare Act] WICWA were enacted to remedy the historical and persistent state-sponsored destruction of Native families and communities. . . . The acts provide specific protections for Native children in child welfare proceedings and are aimed at preserving the children’s relationships with their families, Native communities, and identities. The acts also require states to send notice to tribes so that tribes may exercise their independent rights and interests to protect their children and, in turn, the continuing existence of tribes as thriving communities for generations to come." At issue in this case was whether the trial court had “reason to know” that M.G and Z.G. were Indian children at a 72-hour shelter care hearing. The Washington Supreme Court held that a trial court had “reason to know” that a child was an Indian child when a participant in the proceeding indicates that the child has tribal heritage. "We respect that tribes determine membership exclusively, and state courts cannot establish who is or is not eligible for tribal membership on their own." The Court held that an indication of tribal heritage was sufficient to satisfy the “reason to know” standard. Here, participants in a shelter care hearing indicated that M.G. and Z.G. had tribal heritage. The trial court had “reason to know” that M.G. and Z.G. were Indian children, and it erred by failing to apply ICWA and WICWA standards to the proceeding.