Tax changes promulgated with introduction of Tax Cuts and Jobs Act (“TCJA”) in 2017 will affect large groups of population, including couples finalizing their divorce in 2019. Beginning January 1, 2019 the paying spouse will no longer be able take deduct alimony, and the recipient spouse will not need to report alimony as income. That is, the alimony payments will be treated same as child support payments. In short, all agreements made or orders entered from that date forward, the party paying alimony will not be able to deduction such payments on his/her tax return. The receiving party will not declare the
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Archives for Family Law
RECENT COURT OF APPEALS DECISION: DC FAMILY LAWYER
The DC Court of Appeals in IN RE J.M. & D.M. decided on September 20, 2018, affirmed the trial court findings that the permanency goal change to adoption was appropriate, however clarified to certain degree the procedural appeal when the goal change request is a dual-goal, to both reunification and adoption. The Court’s Decision in IN RE TAL in 2016 required and bestowed on parents in a child abuse and neglect proceedings facing a goal change an evidentiary hearing. Specifically, to justify a goal change from reunification to adoption: …the District “must prove by a preponderance of the evidence that
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RECENT COURT OF APPEALS DECISION: DC CHILD CUSTODY LAWYER: SPECIAL IMMIGRATION JUVENILE STATUS
The Court of Appeals in Benitez v. John Doe, decided on September 6, 2018, reversed the trial court decision in denying an Special Immigration Status for a juvenile (“J.V.B”) subject of this appeal. The “SIJ” statute provides, in relevant part: [A special immigrant juvenile is] an immigrant who is present in the United States: (i) who has been declared dependent on a juvenile court located in the United States or whom such a court has legally committed to, or placed under the custody of, an agency or department of a State, or an individual or entity appointed by a State
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AWARD OF ATTORNEY’S FEES: WHEN APPLICABLE? WASHINGTON DC DIVORCE LAWYER
The DC Divorce Statute provides a provision for Pendente Lite (while pending) award of: Alimony Child Support Spousal Support Health Insurance coverage Cash Medical support And Attorney’s fee and suit money That is, while the matter is filed and pending, either party may request financial assistance while the litigation is pending and the issues are being decided through the court system. This is important as a typical contested divorce involving property division and child custody can stretch out for months. In awarding the pendente lite support, the court will consider and evaluate factors enumerated in §16-913 (d) award of alimony
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EMERGENCY HEARINGS IN FAMILY CASES: DC FAMILY LAWYER
In the Family cases often times certain facts and events give rise to necessity for an emergency and immediate court intervention and ruling. For example a parent may be seeking to transport a child permanently or temporary out of the jurisdiction without a prior court approval or permission from the other parent. Court order child visitation may be blocked or access to the child is denied by a parent having physical custody to a parent with visitation rights. Child’s safety or security may be at risk or jeopardy. The child may be in need of medical treatment and intervention with
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RECENT COURT OF APPEALS DECISION: ENHANCED REUNIFICATION SERVICES UNDER ADA: DC FAMILY LAWYER
The Court of Appeals in IN RE H.C.; K.C decided on July 5, 2018, redefined and expounded on what constitutes reasonable efforts toward the goal of reunification when dealing with a parent with intellectual disability and eligible for receiving services through DDS (“Department of Disability Services.”) In this case the child was removed at birth from the mother’s care due to the mother’s cognitive and intellectual disabilities. The trial court had held that mother’s intellectual disabilities and mental health needs rendered her incapable of properly caring for the child even with the wrap around services, parental training and other assistance
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IMPUTATION OF INCOME IN DIVORCE OR CHILD SUPPORT PROCEEDINGS: WASHINGTON DC DIVORCE LAWYER
Often times in divorce or child support proceedings the court may be forced to impute income on one of the parties. There are circumstances in which imputation of income is legally warranted. If there is a judicial finding that a party is: Voluntarily unemployed, Due to bad faith or Deliberate effort to suppress income, and To avoid child support or other financial obligations The pertinent D.C. Code § 16-916.01(d)(10) specifically provides: If the judicial officer finds that a parent is voluntarily unemployed or underemployed as a result of the parent’s bad faith or deliberate effort to suppress income, to avoid or
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DC COLLABORATIVE REPRODUCTION PROCESS: LEGAL ELEMENTS: DC CHILD CUSTODY LAWYER
The collaboration reproduction process either through the “gestational surrogate” or via insemination for intended parents create a labyrinth of legal issues that would need to be addressed incrementally. Intended parents are the individuals who put the process in motion, married or unmarried, who have committed in writing and otherwise to be the legal parents of the child to be born. The intended parents would need to file a petition of parentage for a legal declaration by the court. The Court will have jurisdiction when: The intended parent or the surrogate is a District resident ; Who have actually resided in
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DE FACTO PARENT DEFINED; THIRD PARTY CHILD CUSTODY STATUTE: DC CHILD CUSTODY LAWYER
The third party custody statute in DC enables an initial filing or intervention by the third party in the ongoing proceeding under the following conditions: THIRD PARTY CUSTODY I. A parent who has provided primary care of the child for the past three years consents and supports the third party custody motion; or that: II. The third party has: Lived in the same household as the child for the past 4 out of the 6 months prior to the filing of the complaint; If the child is under 6 months, then for the half of the child’s life; and The
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DIVISION OF PROPERTY: WASHINGTON DC DIVORCE LAWYER
In the District of Columbia the material assets would be distributed and apportioned in a manner that is: Equitable, Just, and Reasonable The issue of division of property during marital dissolution is one of the most conflicting and complex areas in a divorce process as oftentimes the opposing parties disagree on what constitutes as sole and separate versus marital property. In the District of Columbia, the division of marital property is at the sole discretion of the Judge. The court considers all material assets including but not limited to: Business interests Investments, including foreign Stock options Nigh net-worth estates Antiques
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