Administrative Law, Second Edition / Edition 2

Administrative Law, Second Edition / Edition 2

by John M. Rogers, Michael P. Healy, Ronald J. Krotoszynski
     
 

ISBN-10: 0735571422

ISBN-13: 9780735571426

Pub. Date: 02/01/2008

Publisher: Wolters Kluwer Law & Business

Child Support Guidelines, Second Edition is the only comprehensive guidebook for determining child support awards that takes practitioners step-by-step through the interpretation and application of the guidelines and their worksheets in both the normal and exceptional child support case. This unique publication thoroughly covers each state's version

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Overview

Child Support Guidelines, Second Edition is the only comprehensive guidebook for determining child support awards that takes practitioners step-by-step through the interpretation and application of the guidelines and their worksheets in both the normal and exceptional child support case. This unique publication thoroughly covers each state's version of one of the three basic models for determining child support: the percentage of income model, the income shares model, and the Melson formula.

Important issues affecting calculations are clearly explained, including:

• Definition of "income" under the guidelines
• The impact of divided custody, shared custody, split custody, and extended visitation
• Second household expenses, other dependents, subsequent children, and stepchildren
• Impact of a private contract on the court's decision to apply the guideline amount
• Deviation from the guidelines for a high income parent
• Deviation from the guidelines to pay for medical expenses, private school, and child care expenses
• Imputed income
• Modification of prior awards
• And more.

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Product Details

ISBN-13:
9780735571426
Publisher:
Wolters Kluwer Law & Business
Publication date:
02/01/2008
Edition description:
Older Edition
Pages:
814
Product dimensions:
7.00(w) x 10.20(h) x 1.70(d)

Table of Contents

I. Introduction

A. Overview of the Work and Place of Administrative Agencies in Our System of Government

B. Adjudication and Rulemaking

II. Adjudication

A. Constitutional Right to a Hearing

B. How Much Process Is Due?

C. Statutory Hearing Rights: Triggering APA Requirements

D. Parties and Intervention

E. Evidence and Proof Issues

F. Combination of Functions

G. Bias

H. Ex Parte Contacts

I. Estoppel Against the Government

J. Document Disclosure and Open Meetings

III. Rulemaking

A. Introduction to Rulemaking

B. Notice and Comment: “Informal” Rulemaking

C. Exceptions to Informal Rulemaking Requirements

D. Beyond Notice and Comment: “Formal”, “Hybrid”, and Negotiated Rulemaking

E. Must an Agency Promulgate Rules?

F. Avoiding Adjudication Through Rulemaking

G. Must an Agency Adhere to Its Rules?

IV. Role of Agencies in Three-Branch Government

A. Historical Introduction

B. Conforming Agency Practice to Article III

C. The Nondelegation Doctrine

D. The Legislative Veto

E. Executive Power to Appoint

F. Executive Power to Remove

G. The Role of the President in Implementing Statutes

H. Executive Power and the War on Terror

V. Judicial Review

A. Scope of Review of Fact

B. Scope of Review of Law

C. Distinguishing Issues of Fact and Law

D. Scope of Review of Exercises of Discretion

E. Distinguishing Among Issues of Fact, Law and Discretion

F. Cause of Action, Reviewability, Jurisdiction, Immunity

G. Standing

H. Ripeness

I. Finality

J. Exhaustion of Administrative Remedies

K. Judicial Remedies for Unlawful Agency Action

Appendix A The Constitution of the United States

Appendix B The Administrative Procedure Act (Selected Provisions)

Appendix C 1981 Model State Administrative Procedure Act (Selected Provisions)

Table of Cases
Index

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