Family Law Newsletter

Tax Considerations Relating to Child Support

For federal income tax purposes, payments of child support are not tax-deductible by the parent who makes the payments but child support is tax-free to the recipient. In order to qualify as child support, the amounts an ex-spouse receives must be designated as child support in the divorce or separation agreement. None of a payment that is lumped together as either family support or alimony is considered child support for tax purposes. In addition, family support or alimony is taxable to the recipient. More...

Interspousal Tort Immunity

Interspousal tort immunity is the doctrine that bars tort suits between persons married to each other. The doctrine has its roots in the common-law principle that a married couple was one legal entity. More...

Shared Parental Responsibility and Visitation

In a divorce proceeding, parents may consider sharing their parental responsibilities and visitation by entering into a shared or joint custody agreement. Shared custody is defined as an agreement by which the parents make arrangements to share the physical custody and control of the child as well as the legal, medical, financial, educational, emotional, and social responsibilities. More...

The Foster Care System

In most jurisdictions both state and local executive branch entities control the child welfare system. Adjunct to these state actors are numerous private social services agencies that provide services to foster children and their families. In addition, state courts monitor each child in the foster care system. More...

Discovery in Divorce Actions

If a divorce case is contested then a trial may occur. Prior to the commencement of the divorce trial discovery will take place. Discovery is a process by which both parties are able to obtain or attempt to obtain information needed for the divorce proceedings. The discovery mechanisms are the same discovery mechanisms that are used in civil trials. The angle for the usage of the mechanisms is slightly different for divorce actions.More...