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February 2017 Archives

The legal issues with military divorce, Part 1

In substance, military divorces are no more or less complicated than civilian divorce. You are confronted with different forms of income which can confound some attorneys who are unaccustomed to those income items but by and large, the issues are similar. But, military laws and regulations do subject service members to some peculiar procedural issues. This post will go over those differences.

A review of the issues in same-sex divorce

Same-sex marriage was recognized by the federal government and incorporated against the states through a series of dramatic court decisions culminating in the Obergfell v. Hodges decision in 2015 which legalized same-sex marriage nationwide. Before the Obergfell Decision, marriage was determined state-by-state. Same-sex marriage was permitted in some states and forbidden in others. The hodgepodge approach to marriage law created a lot of confusion and impacted couples' access to federal benefits.

How You Can Seek Legal Representation during a Military Divorce

Filing for divorce is widely considered as a last resort option when spouses have failed to reconcile their differences. As much as it is not a welcomed option for most individuals, divorce may be the only solution to feuding spouses. A military divorce is quite similar to a civilian annulment with slight modification based on the special rules that apply to U.S service members. Such differences are only manifested when determining child custody, residency and the division of military retirement pensions.

How You Can Seek Legal Representation during a Military Divorce

Filing for divorce is widely considered as a last resort option when spouses have failed to reconcile their differences. As much as it is not a welcomed option for most individuals, divorce may be the only solution to feuding spouses. A military divorce is quite similar to a civilian annulment with slight modification based on the special rules that apply to U.S service members. Such differences are only manifested when determining child custody, residency and the division of military retirement pensions.

What You Should Know Before Proceeding with Military Divorce

Getting divorced is widely considered to be a tough process, irrespective of your gender, race or religion. For military personnel, annulling a marriage with a spouse can be much harder, especially when they are stationed in foreign territories. Having spent extensive time away from their families, servicemen can suffer from various mental disorders, which can ultimately contribute to military divorce. Unlike civilians, annulling the marriage between a soldier and their spouse can be quite tricky, courtesy of the general military laws adopted while tying the knot.

Can you deduct child support on your tax return?

In recognition that tax season is fast approaching, this blog will publish a few posts about the intersection of taxes and family law issues. This post will go over how child support is treated on your tax return. Child support is payments given by one spouse to the other parent. It is meant as a way to provide replace "care" that the paying spouse would normally provide. Child support payments are thus, nominally, "given" to the child but in reality, you remit them to the parent who is supposed to expend them on the child?s care.

How A Competent Attorney Can Advocate for Fathers’ Rights

Fathers’ rights have recently received adequate attention based on the high divorce rates witnessed in the country. Mothers tend to receive most of the privileges regarding child custody and upbringing. In such a case, fathers have been left out of the parenting loop and maintain minimal contact with their children. However, the adoption of fathers’ rights has empowered fathers to fight for equal rights afforded to their spousal counterparts. Divorce cases are known to alter family stability in more ways than you can imagine. From altering the emotional state of children to changing their usual residences, it is advisable to contact an experienced counselor to safeguard the best interests of the child.

How do I establish paternity?

There are many reasons to establish paternity. Oftentimes, fathers want to gain custody of their child, or give him or her social security benefits and the other rights children can reap. Mothers often desire to establish paternity in order to get child support from the biological father when he has denied paternity. If the child is born to a married couple, paternity is automatically given to the spouse and with that comes all the rights and responsibilities of fatherhood. By the same token, if the couple ties the knot after the mother becomes pregnant but before the birth, the husband is presumed to be the father.

Eligibility for child support in joint custody situations

Raising a child is a responsibility that both parents have to undertake. It is a legal obligation to support the child who is in the primary custody of the other parent. Most parents wonder if they are entitled to child support, however, there are certain concerns to consider before exercising your rights to receive the payments.

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