Sarah Palin with husband Todd, who is allegedly filing for divorce, according to new reports Photo: AFP/GETTY
Tuesday, September 27, 2011
Alimony in Massachusetts Gets Overhaul, With Limits
This from the New York Times (for full article) Gov. Deval Patrick on Monday signed into law new limits on alimony in Massachusetts, sharply curbing lifetime alimony payments in divorce cases and making a series of other changes to a system that critics considered outdated. Linda Lea Viken, president of the American Academy of Matrimonial Lawyers, said the law represented an about-face that could reverberate across the country. Most states, she said, do not have such specific guidelines for determining the length of alimony. “They’ve gone from the extreme of having it set in permanency to now being specific about when it terminates,” Ms. Viken said of Massachusetts. More details can be found from http://www.massalimonyreform.org/
Can a registered domestic partner itemize deductions if his or her partner claims a standard deduction?
According to a recent IRS publication:Can Yes. A registered domestic partner may itemize or claim the standard deduction regardless of whether his or her partner itemizes or claims the standard deduction. Although the law prohibits one spouse from itemizing deductions if the other spouse claims the standard deduction (section 63(c)(6)(A)), registered domestic partners are not spouses as defined by federal law and this provision does not apply to them.
Los Angeles Family Law Attorney
How should registered domestic partners report wages, other income items, and deductions on their federal income tax returns?
According to a recent IRS publication: Registered domestic partners should report wages, other income items, and deductions according to the instructions to Form 1040, U.S. Individual Income Tax Return, and related schedules. In addition, registered domestic partners should attach the Allocation Worksheet in Table 2 of Publication 555, Community Property, to their separate returns showing how the partners computed the income, deductions, and federal income tax withholding that each reported. Each partner should write the social security number of the other partner in the “Notes” section of the worksheet. If a registered domestic partner does not attach a worksheet, he or she must attach a copy of his or her partner's Form W-2 or 1099-R (in addition to his or her own) and make a notation on the form showing the division of income and tax withholding.
Los Angeles Family Law Attorney
Questions and Answers for Registered Domestic Partners in Community Property States and Same-Sex Spouses in California
• IRS releases Questions and Answers for Same-Sex Spouses in California and Registered Domestic Partners in Community Property States: IRS Publication 555, Community Property, provides general information for taxpayers, including registered domestic partners and same-sex spouses, who reside in community property states. On September 16, 2011, the IRS released 19 Questions and Answers providing guidance for common issues.
http://www.irs.gov/newsroom/article/0,,id=245869,00.html
http://www.irs.gov/newsroom/article/0,,id=245869,00.html
Monday, September 26, 2011
If a parent smokes marijuana will it affect custody?
The Courts used to take a much stricter no tolerance position on the use of custody. Nowadays, with the increasing use of medical marijuana, the Court's focus tends to be focused on the issue of whether a parents marijuana use affects parenting ability and judgment. In the case of Court of Appeals in the 2010 case of Marriage of Parr, 240 P.3d 509 (Colo.App.Div.1 2010) the Colorado Court of Appeals reversed a portion of the trial court's order upon a finding that the trial court could not require supervised parenting time for dad based solely on his marijuana use without a specific finding that dad's conduct endangered the child physically or impaired the child's emotional development as set forth in C.R.S. §14-10-129(1)(b)(I). The answer will therefore be on a case by case basis.
Friday, September 23, 2011
Can registered domestic partners or same-sex spouses whose marriage is recognized under state law file federal tax returns using a married filin
According to the IRS the answer is No. Registered domestic partners cannot file using a married filing separately or jointly filing status, because they are not spouses as defined by federal law. Likewise, same-sex partners who are married under state law may not file using a married filing separately or jointly filing status because federal law does not treat same-sex partners as spouses.
UK Banks stop funding divorces
This article from the the UK that even in London – which has a reputation for being the world's 'divorce capital' – it has become very difficult to borrow to cover divorce costs, lawyers say.
Read more
Read more
Thursday, September 22, 2011
Pat Robertson Says Alzheimer's Makes Divorce OK
Read More
Source ABC News: Religious broadcaster Pat Robertson stunned "700 Club" viewers Tuesday when he said divorcing a spouse with Alzheimer's disease was justified. Robertson, chairman of the Christian Broadcasting Network and former Republican presidential candidate, said he wouldn't "put a guilt trip" on someone for divorcing a spouse with Alzheimer's disease, calling Alzheimer's itself "a kind of death."The remarks sparked outrage throughout religious and medical communities.
Craiglist: Man offers to pay for someone to marry ex-wife
This is an ad a man posted on Craiglist:
Nice well taken care of ex-wife. Mid 40's. Pretty and loyal. Never smoked and very little drinking. Will make someone a good companion (I know).... Will pay 10K to the man or woman who marries her in a way that stops me from having to pay her alimony.
Big thanks to Mississippi Family Law Blog.
Wednesday, September 21, 2011
If my spouse purchases a house in his name during marriage because I have bad credit will it be his separate property?
Although there is a presumption that property acquired during marriage is community, there are now a number of cases that where one spouse takes title in his or her name it is to be treated as that spouses separate property. This most often comes about where one spouse has bad credit. The spouse who is not on title has a very difficult burden to prove that the property should be community because of a breach of a fiduciary duty e.g duress or they were tricked into signing. If you are in this situation you should consult with an experience family lawyer before signing any documents such as a Quitclaim deed giving your spouse sole title. There was a recent discussion of this in the unpublished opinion of the California Appeals Court in the Santana Case on August 25, 2011.
Subscribe to:
Posts (Atom)