COURTS MUST CONSIDER THE AGE OF A PARTY PAYING ALIMONY

The Nevada Supreme Court has held that District Court's must determine the age and life expectancy of a party when determining whether alimony should be awarded in lump sum payments or over time. In Schwartz v. Schwartz, the Court held that the District Court abused it's discretion in not awarding lump sum alimony to a woman who's husband was thirty years older than her and in poor health.

This ruling will protect the right of one gaining spousal support to ensure that such an award will actually be obtained. Visit our website to learn more about divorce in Nevada.

GAY MARRIAGE NOW LEGAL IN WASHINGTON, DC

Gay marriage has been legalized in the nation's capitol. As of Wednesday, March 3, 2010 gay couples have begun gaining marriage licenses. United States Supreme Court Chief Justice John Roberts rejected a petition to stay the new law's taking effect.

OFFICERS MAY VARY THE LANGUAGE OF A MIRANDA WARNING

The US Supreme Court has held that officers may vary the language of the standard Miranda warning. In Florida v. Powell, the Court has held that an Officer's warning was sufficient even though it did not use the traditionally known Miranda language. The Court reasoned that, since the warning employed adequately informed the Defendant of his rights, the precise language used was not to be the deciding factors.

The Court's ruling is not surprising given that the Miranda decision stresses the need for suspects to be informed of their rights and not that they receive a certain set warning.

MIRANDA WARNINGS LIMITED TO 14 DAYS

The US Supreme Court has held that a Miranda warning will remain in effect for up to 14 days after a suspect is released from interrogation. In Maryland v. Shatzer, the Court held that a prison inmate's prior invocation of his Miranda rights did not carry over to a subsequent in prison interrogation regarding the same offense.

The Supreme Court's ruling was without dissent and highly understandable as two years time separated the two investigations. It is unusual, while not unheard of, for the Supreme Court to announce a bright line time rule - such as saying in this case that Miranda warnings will remain in effect for 14 days after release.

Shatzer's conviction is now considered upheld.

NEVADA RECOGNIZES A FATHER'S RIGHTS AS EQUAL TO THOSE OF A MOTHER

Fathers of children often believe that the mother of a child will have "all the rights" in a child custody case. This is not accurate. Nevada law is such that the rights of a father are considered equal to those of a mother and the presumes that custody must be joint between the parents. Ciciliano & Associates has been successful in gaining custody of children for both fathers and mothers.

Visit our website to learn more about father's rights in Nevada.

NEVADA CHILD SUPPORT ORDERS ARE ALWAYS MODIFIABLE

The Nevada Supreme Court has held that parties in a custody case will maintain their right to have child support orders reviewed. In Fernandez v. Fernandez, the Court held that, even though the parties had agreed that their child support order would be non-modifiable, that the father could still seek modification due to his changed circumstances. Accordingly, child support orders will remain modifiable if there is a change in circumstances or if it has been three years since your most recent support order.

Visit our website to learn more about child support in Nevada.

APPELLATE WIN FOR CICILIANO & ASSOCIATES, LLC

Ciciliano & Associates has won a writ petition in the Nevada Supreme Court. In Haberland v. State, the Nevada Supreme Court has now held that a Defendant cannot be remanded to Justice Court, for the purpose of having new charges added, if the Defendant does not wish to be remanded and has previously waived his preliminary hearing.

As a result of this decision, two charges against our Client have been dismissed.