I am a stepparent. Do I have an obligation to support the children from my wife’s previous marriage?
I am a stepparent. Do I have an obligation to support the children from my wife’s previous marriage?
No. You should not be responsible to provide for the children’s support, unless there was an adoption or you agreed to provide support in a marital agreement.
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Is a child’s consent necessary?
Child Consent Adoption Adoption Law
Is a child’s consent necessary?
Yes, depending on the child’s age. If the child is above a certain age (typically 10 to 14 years of age), it is usually required.
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How are alimony and child support payments taxed?
How are alimony and child support payments taxed?
Child support payments are neither deductible nor income to the recipient. Alimony payments can be structured by the parties to produce either of two tax results:
(1) deductible by the payer ex-spouse and gross income to the recipient ex-spouse, or
(2) not deductible by the payer and not income to the recipient.
In settling a divorce, the parties frequently plan on whichever tax result works out best. If the payments are not structured to comply with the rules, the general rule is that alimony payments are income to the recipient and deductible by the payer.
Frequently, divorcing couples agree upon a fixed aggregate payment from one spouse to the other. Even if the recipient spouse dies before the payments are due, this sum will be payable, and it will be treated as a property settlement. A property settlement is not deductible by the transferor and is not income to the transferee. Even if the payments are properly structured, the Internal Revenue Code prevents deduction of “front-loaded” payments.
The tax consequences of payments to be made because of the dissolution of a marriage are complicated, and divorcing couples would be well advised to take them into account in agreeing on the economic issues involved in divorce.
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What about federal tax benefits for adoption?
Adoption Federal Tax Benefits Adoption Law
What about federal tax benefits for adoption?
There are two tax benefits available to offset the expenses of adopting a child on the federal income tax return. Beginning in 2002, the nonrefundable tax credit for qualified adoption expenses for each child under 18, or a person that is physically and mentally incapable of self-care, is $10,000. (Beginning in 2003, the maximum credit increases to $10,160.) From 1997–2001, the credit was a maximum $5,000 per child ($6,000 for a child with special needs). The credit is phased out for adjusted gross incomes between $150K and $190K.
If your employer has an adoption assistance program and pays or incurs qualified expenses on your behalf, you may be able to exclude from your gross income up to $10,000 of these benefits. An adoption assistance program is a separate written plan set up by an employer to provide adoption assistance to its employees.
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Does an extramarital affair have an impact on custody?
Does an extramarital affair have an impact on custody?
It could, depending on the facts of the case. Generally-speaking, a discrete affair will normally not be a consideration in determining custody. It will become a significant (possibly negative) factor if the relationship represents a threat, has harmful sexual overtones, or puts the child in embarrassing situations.
If there is a live-in situation, the judge will evaluate, among other relevant circumstances, the relationship between the child and the other live-in partner and any evidence of present or potential harm from the situation in determining whether this should be a factor to consider.
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What happens in the case of a missing parent or an abandonment?
Adoption Missingchild Adoption Law
What happens in the case of a missing parent or an abandonment?
This depends on the law in the state where you are seeking adoption. States usually have statutes permitting adoption without the consent of a missing parent but only after diligent efforts are made to find the parent. This usually requires the assistance of a lawyer to prevent an adoption from being later upset should the missing parent reappear.
Abandonment by the missing parent and failure to support or communicate with the child generally gives you grounds to adopt on proper notice to the parent(s) who abandoned the child. Assistance from an adoption attorney is strongly advised.
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Does religion enter into the determination of child custody?
Does religion enter into the determination of child custody?
No — theoretically. Whether one parent practices a religion or not is normally not a factor in deciding custody, unless there is evidence of potential or present harm to the child, such as if the parent engages in unusual “cult” activities or has an unorthodox lifestyle that might likely put the child in danger or be detrimental to the best interest of the child.
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What changes are made in birth certificates?
Adoption Birth Certificate Adoption Law
What changes are made in birth certificates?
The original birth certificate is sealed and filed away, not readily available again to anyone except by a court order. A new birth certificate is prepared showing the adoptive persons as the child’s natural parents and the child’s new name. In states that recognize adoptions by lesbian and gay couples, the birth certificate may list both names of the same sex partner/parents.
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Is marital status important in seeking child custody and visitation?
Is marital status important in seeking child custody and visitation?
Marriage or the lack of marriage, insofar as child and visitation issues are concerned, have no bearing whatsoever in the eyes of the court. The judge will rule on what he or she believes to be in the best interests of the child.
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Is a father’s consent required if the child was the result of rape or incest?
Father Consent Adoption Law
Is a father’s consent required if the child was the result of rape or incest?
No.
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