7th Circuit Family Law News - U.S. Seventh Circuit
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Recent Family Law Decisions

"What is the objection to polygamy?"

"The argument you're making is exactly what was rejected in Loving."

"Do you want kids adopted by homosexual parents to be worse off?"

"How? How does it hurt heterosexual marriage? How does it hurt children?"

The questions came fast and furious from all three judges today, and neither side of the arguments in Wolf v. Walker, a Wisconsin same-sex marriage case, and Baskin v. Bogan, Indiana's counterpart, was let off the hook, despite same-sex marriage advocates striking the lottery with the panel assignment.

If today's bloodbath is any indication, the Seventh Circuit panel is going to find in favor of gay marriage. Somebody, however, is going to have to find a credible argument to defend other traditional prohibitions against polygamy, marriage of cousins, etc., if those prohibitions have any chance of surviving inevitable challenges in the future.

Perhaps these requests have something to do with the Seventh Circuit's cancellation of previously scheduled oral arguments in two gay marriage appeals out of Wisconsin and Indiana. Earlier this month, the appeals were combined and fast-tracked for oral arguments on August 13.

Late last week, however, the Seventh Circuit issued this release (H/T to Equality on Trial):

The court, on its own motion, ORDERS that the oral argument in this appeal, scheduled for Wednesday, August 13, 2014, is VACATED. A new oral argument date will be set by separate court order.

Okay, but why? It might have something to do with requests from the states of Indiana and Wisconsin to proceed directly to an en banc hearing of the case, rather than the typical three-judge panel.

First Things First: Who Has Jurisdiction in Custody Case?

We always think of the "best interest of the child" as the critical issue in a child custody case.

In an international custody battle, however, the most complicated issue may be which country's court system should decide the case.

No Duty to Mitigate: Immigration Law Mandates Spousal Support

If you sponsor an immigrant spouse for permanent residency and later divorce, you could be on the line for spousal support, regardless of whether your former spouse attempts to find work, according to a recent Seventh Circuit Court of Appeals ruling.

Timothy Mund, an American, married Wenfang Liu in China. Two years later the couple decided to move to the United States. The Immigration and Nationality Act forbids admission of any alien who “is likely at any time to become a public charge,” so Mund had to sign an I-864 affidavit agreeing to support Liu at 125 percent of the poverty level — approximately $13,500 a year — even if they divorced.

They divorced two years later.