Divorce is a difficult process with many challenges, and when a divorce crosses state lines, procedural headaches can rise. The first decision is which state court is most appropriate. Unfortunately, either state may bring significant costs or delays. For a specific court to hear a claim,...
Alimony Tax Implications Alimony, “spousal support” or “separate maintenance payments”, could have significant tax implications whether paid or received. Generally, the payer may deduct spousal support from his or her income, and the recipient must report alimony as taxable income. As a result, a divorce attorney...
Dividing pensions and retirement at the time of divorce can be a complex issue. The family court may allow the person who has the pension to retain the full pension, and offset other marital assets against it. Instead, the court may distribute a portion from...
What is “settled” is settled, at least for now, regarding the Hague Convention’s meaning of the term. In a June 2016 ruling, the Fourth Circuit upholds a district court decision that a child was “settled” in the United States. Under the Hague Convention, a court is...
Based on my experiences in life and as a lawyer, I find most people, including family court judges, do not take kindly to attempts by a parent to alienate his or her child from the other parent. Truly, I agree with these sentiments, as parental...
Minding brother’s business. Brother, mind. As a brother of a brother, I know how minding a brother’s business can be a double-edged sword. In a recent South Carolina Court of Appeals opinion, the marital dissolution of two parties was affected by the intervention of a brother...