Family Law Newsletters

Pretrial Motions in Divorce Actions

Often times divorce actions require litigation. If the parties decide that litigating the case is the only way to resolve the disputed issues, parties may need to file pretrial motions. A pretrial motion is a motion filed by either party requesting that the court take some action. Some issues need to be determined prior to the final conclusion of the case.

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.

International Adoption - Orphan Petition

Persons who wish to adopt a child from a foreign country must file an "Orphan Petition" with the United States Bureau of Citizenship and Immigration Services (USCIS). The full name of the petition is "Form I-600, Petition to Classify Orphan as an Immediate Relative."

QDROs, Pension and Retirement Plan Division in Divorces

In a divorce, retirement benefits are typically subject to division between the parties. The division usually occurs by way of actual division or asset exchange. After the court has determined the actual division of the retirement benefit, a QDRO is issued. A QDRO is a judgment or order that recognizes the existence of the non-employee's right to receive a portion of the employee's retirement benefits.

Child Welfare Agency's Potential Malpractice Liability for Violating Parental Rights

Although intervention by a child welfare agency is sometimes required for the protection of a child, sometimes the investigation may become over zealous or slanderous in nature. Investigating claims that a child is the subject of mistreatment is difficult. The agency should attempt to investigate all claims made with a balanced outlook.