The Latest News Family Lawyer

What are the Real Implications of the Supreme Court’s Ruling on DOMA?
The Federal Defense of Marriage Act, usually called DOMA, is a multi-section law enacted in 1996 permitting states to make legal decisions concerning same-sex marriages. Section 3 of DOMA related specifically to federal benefits and until June of 2013, barred same-sex spouses from receiving the benefits for which other married couples qualified. By striking down DOMA, the Court ordered the federal government to leave the definition of marriage to the States. The Supreme Court ruling was in response to a specific case, but its implications were a major step toward equalizing the availability of federal benefits. However, there are still challenges for same-sex married couples depending on the state in which they live and whether or not that state recognizes their marriage. Many couples have traveled out of state to be married, but continue to live in states where same-sex marriage is not allowed. According to the Human Rights Campaign there are 1,138 benefits, rights, and protections provided on the basis of marital status in federal law. Many federal agencies determine whether or not spouses are entitled to benefits based on whether their state of residence recognizes the couple as legally married.

Tax Implications
The biggest tax implication of the Supreme Court’s DOMA decision is that the marital deduction now applies to same-sex couples, and spouses are permitted to transfer assets to each other tax-free when they are living or after they die. Same-sex couples are also entitled to file a joint tax return. Couples might also be permitted to amend previous tax returns within the statute of limitations. These changes mean same-sex couples are also vulnerable to the tax penalties that come with marriage. Higher tax rates kick in lower for married couples than they do for singles. Additionally, issues might arise due to recent tax changes regarding the Affordable Care Act, changes to the maximum tax rates under the fiscal cliff deal, and the recent resuscitation of the limitation on personal and itemized deductions of high earners. Now, same-sex couples will struggle with the same marriage tax penalty pitfalls as male-female couples. It is important to consult with an experienced accountant to better understand the tax implications benefits and pitfalls.

Implications for Employers
Additionally, federal benefits that apply to an employee’s spouse now extend to same-sex spouses in marriages that are legally recognized. Employers employing people who are part of same-sex marriages will need to evaluate their current retirement benefits, health benefits, and family leave programs. Federal tax law now treats health benefits for same-sex couples the same as the employee’s health insurance – meaning it is tax-free and no longer requires payroll tax deductions. It might also be necessary for employees to change beneficiaries since legal spouses are default beneficiaries. COBRA and family medical leave benefits also now extend to same-sex couples. There are state-to-state variations, so it is important for same-sex couples and those working with same-sex couples to ensure they fully understand the effects of the new law. If you have questions, consult an attorney familiar with DOMA regulations.

Have questions about Family Law or need help in this area, then feel free contact attorney SPIRIO at 631-277-8844.

Welcome back to the Collaborative Circle!

As a reminder, on the last Tuesday of every month, the Long Island Collaborative Divorce Professionals releases their Collaborative Circle on YouTube, which seeks to inform and answer all of the questions you may have regarding the Collaborative Divorce process as well as help foster understanding and further our mission of helping families make informed choices about how best to proceed throughout any family crisis.

I was featured in the November 2020 video, and while we did post elsewhere, we did not post on my website, so here it is...Enjoy!

Parenting Time Over The Holidays & The Collaborative Process

Anyone seeking more information about how we can help families in conflict, during divorce or separation, please reach out.

According to the US Census Bureau, couples marrying today have a 50% chance of their marriage ending in divorce. Many of these marriages are between parents and 40% of children will be affected by divorce before reaching adulthood.

When couples with children divorce, their first priority is often the well-being of the children. Sometimes, unhappy couples even choose to stay together because they believe it is the best thing for their children. When a separation or divorce is the best option for the family, effort should be made to protect the most vulnerable members of the family. What can you do to protect your children when you separate from or divorce your partner?

Transition Phase
The process of divorce is stressful for the entire family, but it can be easier if it is handled well. Couples have the option of working together to alter their existing relationship. The inclination during a divorce is to “get rid of your partner” or pay him or her back for any perceived wrongs. Unfortunately, especially for the children, this causes more harm than good in the long run.

During your divorce or separation, do your best to protect your children by working with your soon-to-be-ex to devise an arrangement that is best for everyone. Try to be fair and try not to let your emotional wounds affect your child’s relationship with his or her parent. When possible, avoid a lengthy legal battle.

Custody and Visitation
Protecting your child from harm should be your first priority. If your soon-to-be-former partner has behaved in a manner that put your child at risk, you have every right to protect your child in the future. However, there is a difference between a child being at risk and a child spending time with someone whom you are upset or angry with. Just because your partner hurt you should not mean your child will benefit from estrangement from his or her parent. Do not put your child in the middle of any dispute or discord with your spouse or partner.

Working together to create a custody or visitation arrangement that helps your child feel comfortable and supported is the healthiest type of transition for a child. If he or she is old enough to discuss custody or visitation, take his or her feelings into account when creating an arrangement. Ideally, children will feel just as loved and supported after a separation or divorce as they did when the family was intact.

Finally, speak with your child about responsibility. It is important for children to understand they did nothing to cause the break up of the family.

No matter your personal situation, your children should be protected from the changes in your relationship with your significant other. Working with an experienced family lawyer helps you transition to separation or divorce with as little turmoil as possible. Share your concerns about your child’s safety and well-being with your attorney and he or she can help you determine the steps to take to protect your child.

If you have a legal situation concerning your family and are in need of help, call 631-277-8844 today for a no obligation initial consultation and personal service.

Source:
http://www.smartstepfamilies.com/view/statistics

Failing to plan your estate can create challenges for your survivors in the long run. That’s why everyone needs a will regardless of the size of your estate.

Wills are often viewed as tools of the wealthy for ensuring an estate stays intact and assets are distributed to chosen heirs in a particular way. If you are someone with very few assets or assets that are of little to average value, you might assume a will is unnecessary. Unfortunately, failing to plan your estate can create challenges for your survivors in the long run.

The Centers for Disease Control and Prevention estimates that more than half a million elder Americans are victims of financial elder abuse on an annual basis. This number is expected to increase as the Baby Boomer generation ages and there are more seniors needing care and supervision. If you want to protect your estate, even if it is what you consider average or below average, or you have non-financial assets to protect, you must create a will.

You Need a Will If You are a Parent
First and foremost, no matter your net worth or assets, if you are a parent you need to create a will. This ensures that if you – and your partner if he or she shares parenting responsibilities – are unable to care for your children, a guardian of your choice will be appointed. There is a chance your children will end up in the care of this person anyway, but why risk it? Stating your wishes in a will shortens the legal process and avoids any questions.

In addition to providing instructions regarding the care of your children, a will can also be used to minimize the taxes owed on your estate and potentially avoid the lengthy probate process. Taxes on estates can be as high as 50%, but an attorney experienced in estate planning can help you create an arrangement that protects as much of your estate as possible from Uncle Sam.

You Need a Will Even If You Do Not Own a Home
If you own any possessions at all and you want them to be given to specific people upon your death, you must create a will. Even if your estate amounts to nothing more than a cell phone and a few baseball cards, if you want to appoint an heir, a will is necessary. Without one, the state chooses your heirs and determines how much each receives.

You Need a Will Now, Not When You are Older or Unhealthy
You want to create a will as soon a possible because in addition to protecting your estate, it creates a legally binding plan for your own care. Though you might think a will is not necessary until you are older or a parent, this document is used to guide decisions about your health care in the event of an accident or illness. This is known as durable power of attorney for healthcare and it ensures your wishes are honored if you suffer unexpected injuries or illnesses that prevent you from communicating your wishes in real-time. This includes whether to use life-sustaining measures to prolong your life.

Durable power of attorney can also apply to financial issues. A will allows you to assign power of attorney to a trusted relative, friend, or even your lawyer. He or she will be in charge of making decisions about your money on your behalf.

Not sure where to begin when it comes to creating your will? An attorney can help you with important decisions and the creation of a document that will be accepted by the legal system in your state.

If you want to protect your family, and alleviate your concerns about “what happens”, call Concetta Spirio at 631-277-8844 today to learn about the benefits of having a Trusts, Wills and Estates attorney on your side. This is a no obligation initial consultation with personal service.

Source:
www.cdc.gov/violenceprevention/pdf/em-factsheet-a.pdf

I recently received one of the nicest compliments...

Decades ago I represented a couple on the purchase of their first home and then their first Wills and Vital Documents package.  At the time, I visited the husband in the hospital to get closing documents.

He was so impressed with that visit that he recently came back for my services and relayed the memory and the impact it had on him.  He said that is why he wouldn't go anywhere else!

Their eldest daughter just turned 18 and they not only want to update their own Wills and Health Care Proxy (HCP), but they also want to get a HCP for their daughter so that they as parents could still be be entitled to information with regard to her healthcare despite HIPAA regulations (an important issue for parents with college age children).

Concetta Spirio, Family & Divorce Attorney speaking at the recent 2015 NALS of New York Annual Meeting & Educational Conference On Divorce: The Differences & Benefits of Mediation and Collaborative vs Litigation.

There are more than 70 million grandparents in the United States. According to the US Census Bureau’s American Community Survey, more than half of these people believe they would do a better job raising their grandchildren than they did raising their own children. Thirteen percent of these grandparents are raising their grandchildren and serve as the primary caregiver for their children’s children.

In order for grandparents to receive custody and even visitation time with their grandchildren, certain conditions must apply. These conditions vary from state to state, but in general, the best interest of the child is the most important factor.

If custody of a child is an issue, courts typically attempt to award it to the mother. If the mother is unavailable or unfit, the next person to be awarded custody is the father. If the father is not an option, grandparents or other blood relations are typically given next priority. In cases where grandparents feel the child’s parents are unfit, the burden of proof is on them to establish the parent is unfit and in most situations, it is extremely difficult to do so. If neglect is found, the court may remove a child from the custody of the parents. Grandparents would then have to qualify for custody. Again the best interest of the child is the Court’s standard. In many instances the Court may appoint a Law Guardian, a legal representative appointed to represent the child’s interests in the proceeding. The Law Guardian will interview and visit all parties home and prepare a report for the Court.

Receiving visitation as a grandparent is easier than receiving custody. Courts take various factors into consideration when determining whether or not to grant grandparents legal visitation, including:

• Needs of the child, including his or her physical and emotional health
• Capability of the grandparents to meet the needs of the child
• Distance between the child’s primary residence and that of the grandparent(s)
• Wishes of the parent(s)
• Wishes of the child, if the child is capable of making decisions on his or her own
• Strength of the relationship between the grandparent(s) and grandchild
• Length of the relationship between the grandparent(s) and grandchild
• Evidence of abuse or neglect
• Ability of the grandparent(s) to provide love, affection, and contact with the child

Ideally, parents are able to work out an arrangement that includes time with grandparents interested in being a part of a child’s life, even after the child’s parents have separated or divorced. However, this is not always the case, especially if the parent’s relationship does not end amicably or the relationship with in-laws was strained when the couple was together. This can be especially problematic in non-traditional families where grandparents are not accepting of life choices, but still wish to play a role in a grandchild’s life.

If you are a grandparent who wants to continue a relationship with a grandchild once his or her parents separate or you are the parent of a child whose grandparents are threatening legal action, it is important to speak with a family attorney. He or she can explain to you the rights of grandparents and determine what action to take to best protect your family.

If you have a legal situation concerning your family and are in need of help, call 631-277-8844 today for a no obligation initial consultation and personal service.

Source:
http://www.statisticbrain.com/grandparent-statistics/

Marriage is a challenge and not all couples are meant to stay together forever. According to the Forest Institute of Professional Psychology in Springfield, Missouri, half of all first marriages end in divorce. Data also shows people are not learning from their mistakes – second marriages tend to end at a rate of more than 65% and nearly one-third of all third marriages end in divorce.

Fortunately, legally ending a marriage and starting a new life is an option, but the process can be complex. If you are considering divorce or you and your spouse have decided the time has come to end your marriage, there are several things you should know concerning your marital rights:

No-Fault Divorce is an Option
No-fault divorce refers to the ending of a marriage where neither party is accusing the other of marital misconduct. If you and your spouse simply grow apart or determine together for whatever reason you no longer wish to be married, no-fault divorce is the best option. Both parties are held equally accountable for the end of the marriage.

Marital Misconduct Plays a Role in Divorce Settlements
Should your desire to divorce arise because of some transgression committed by your spouse, you have the right to assert marital misconduct. This might entitle you to a greater settlement in the divorce. Examples of marital misconduct include abusive behavior, adultery, addiction to drugs or alcohol, or economic fault. Keep in mind these transgressions can also affect child custody, as well as the division of marital assets and spousal support.

It is within the Court’s Power to Force an Attempt to Reconcile
As much as either you or your spouse might want to end your marriage, the court system does have the power to order reconciliation if you or your spouse denies the marriage is irretrievably broken. There are also instances in which an attempt to reconcile is ordered if there are minor children in the family.

Typically, the court delays divorce proceedings for a few months, during which time couples are required to attend counseling or mediation. It does not mean the court can force you to stay married forever, but it can delay the divorce and require that you make an effort to repair your marriage.

If you are considering divorce or you have questions about the best way to end your marriage, it is important you speak with a qualified divorce attorney. He or she can guide you toward the right decisions and ensure your rights are protected during the divorce process.

Have questions about Family Law or need help in this area, then feel free contact attorney SPIRIO at 631-277-8844.