LEGAL ALERT: New Tax Proposal Will Eliminate Spousal Support Deduction in 2018!

Alert! Key Legal Update

SPOUSAL SUPPORT LEGAL ALERT

The Implications Of The New Tax Proposal On Your Divorce. Provision In New Tax Would Eliminate Spousal Support Deduction.

This could be a BIG deal in your divorce case! Are you planning on continuing your divorce case into next year?  Are you perhaps in a position to complete it in 2017? The new tax proposal recently unveiled may make you think twice.

The Tax Cuts and Jobs Act contains a provision that would effectively eliminate the deduction that tax payers receive for making spousal support payments. Click here to read the full text of the proposed Act.

As the law currently reads (and has for around 75 years) , the person paying the support is allowed to deduct the amount, while the person being paid is required to claim it as income and thus, pay taxes.

When determining spousal support, courts take into account the fact that the paying spouse is able to deduct the amount of spousal support paid on his or her taxes.… View Full Article → “LEGAL ALERT: New Tax Proposal Will Eliminate Spousal Support Deduction in 2018!”

Blast From The Past: I Want to Keep the House, But Should I?

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: Here is one of my favorites posts from back on March 29th, 2008! The advice rings as true now as it did then…We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

This is one of the questions I am asked all of the time. Of course, the correct answer is “It depends.” The home often accounts for a large percentage of the entire marital estate. Whether to retain the home after a divorce is often a very emotional issue, especially if there are children involved. It is natural that parents want to maintain as much stability for their kids as possible when going through a break up. One would assume that keeping the kids in the marital residence after the divorce is important. But interestingly, the psychological studies show that divorced children are not really affected by the retention of the marital home.… View Full Article → “Blast From The Past: I Want to Keep the House, But Should I?”

The Correlation Between One’s Occupation & the Rate of Divorce

5 cocktails in front of man with arms crossed

Many Factors Contribute To High Divorce Rates Including Profession And Occupations

Although many people are choosing to marry later in life, divorce rates are still very high. There are many factors that contribute to divorce, including income, education, race, age, and profession/occupation.

By using data from the 2015 American Community Study, Dr. Nathan Yau, a statistician from UCLA, calculated the divorce rate of people from dozens of different occupations.

Which careers have the highest rate of divorce?

Dr. Yau’s findings concluded that occupations with the highest divorce rate are those that are centered on nightlife and those that require extensive travel (Gaudette, 2017).  More specifically, Bartenders and Casino Workers were at the top of the list. Three factors could be to blame for the incredibly high rate of divorce for these two occupations: late nights surrounded by strangers and alcohol, a different every day schedule, and whether or not the bartender is bringing home a stable income.… View Full Article → “The Correlation Between One’s Occupation & the Rate of Divorce”

October is Domestic Violence Awareness Month – How Can You Help?

sad lady beside a lighted decorative star

10 Tips to Have an Informed Conversation About Domestic Violence

October is domestic violence awareness month. Unfortunately, at one time or another we have all come across situations of domestic violence. As a divorce lawyer, I see examples of its tragic effects all the time. In Dayton we are very fortunate to have the Artemis House resource to assist victims of domestic violence!

In order to help spread awareness about this terrible situation, I have posted below the “10 Tips to Have an Informed Conversation About Domestic Violence” published by the National Network to End Domestic Violence (NNEDV) https://nnedv.org/.  Also, at the end of this article, I have share links to some of the prior articles we have published on this topic on the Ohio Family Law Blog in the past. Let’s all do our part to help eradicate domestic violence throughout society!

  1. NEVER victim blame.Abuse is never the victim’s fault.
… View Full Article → “October is Domestic Violence Awareness Month – How Can You Help?”

Blast From The Past: Preventing a Parentectomy After Divorce

Blast from the past 13 years Ohio Family Law Blog

How To Prevent A Parentectomy After Divorce

PUBLISHER’S UPDATE:
Here is one of my favorites posts from back on June 27, 2009! The advice rings as true now as it did then…We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

One of the most interesting and well written pieces that I have read in a long time is a keynote address presented by Dr. Frank S. Williams to the National Council for Children’s Rights in Washington D.C. on October 20, 1990. Dr. Williams is a noted child psychiatrist and the Director of Family and Child Psychiatry at Cedars-Sinai Medical Center in Los Angeles. While this presentation was almost 19 years ago, Dr. Williams’ sage advice is no less relevant now than it ever was!

During my 31-year law career, I have focused a large part of my efforts both professionally and as a member of various community organizations and non-profit Boards towards diverse child-welfare related causes.… View Full Article → “Blast From The Past: Preventing a Parentectomy After Divorce”

Dealing with the Holidays if You Are in Divorce Transition…

college girl sitting on leaves in yard with hands raised

PUBLISHER’S NOTE Donna F. Ferber, LPC, LADC is a psychotherapist in private practice for 30 years in Farmington, Connecticut. She is a licensed professional counselor, a licensed alcohol and drug abuse counselor and an educator. In her private practice, Donna specializes in issues related to life transitions. These include but are not limited to divorce, remarriage, chronic illness, loss, relocation. Donna has been a guest contributor to the Ohio Family Law Blog since 2010. We have enjoyed collaborating on several articles over the years.

Every major life event, whether joyful or sad, brings on a period of transition as we adjust to the “new normal.” Even though these periods of transition occur throughout our lives, each requires us to discover a new and unique path as we struggle to move through uncharted waters. The death of a loved one, a divorce, a family estrangement, an illness, or sudden unemployment are some of the changes that shake us to our core.… View Full Article → “Dealing with the Holidays if You Are in Divorce Transition…”

Prenuptial Agreement: How to Ask for a Prenuptial and Avoid a Break-Up!

Prenuptial agreements are daunting to bring up to one’s significant other and many individuals fear bringing up the topic. Many individuals worry that the prenuptial discussion will cause problems, such as making their significant other feel as if they are not trusted or as if there is an anticipation of a divorce in Ohio via a lack of commitment. However, research has shown that having a prenuptial agreement may in fact strengthen a relationship. Did you know that According to a survey of the American Academy of Matrimonial Lawyers (AAML), 63 percent of divorce attorneys say they’ve seen an increase in prenuptial agreements  over recent years? This is NOT just a male thing either.  Forty-six percent of these lawyers also noted an increase in the number of women initiating requests for prenuptials.

Moreover, there are benefits that may arise from having a prenuptial such as:

  1. A prenuptial can simplify a divorce by addressing the subjects of spousal/child support, the division of debts and assets, and so on…
  2. A prenuptial can also reduce the cost of a divorce simply because it hopefully removes almost all costs associated with a divorce trial (attorney’s fees, court costs, document fees, etc.)
… View Full Article → “Prenuptial Agreement: How to Ask for a Prenuptial and Avoid a Break-Up!”
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