Archive for Divorce

Will The New Tax Law Affect Your Divorce? – Part 2

          The recent tax law changes have been a constant in the news lately. While we may not know exactly how those changes will affect us, one change stands out that could have an impact on divorces filed after these changes take place.

             One new tax law wipes out the previous alimony deduction that has been in the tax code since 1942. The new law states, in effect, that spouses who pay alimony will not be able to take a deduction for those payments, while spouses receiving alimony will not have to claim the monies received as income. This could lead the spouse who would have to pay alimony to negotiate-or attempt to negotiate for a much lower payment since it will no longer be tax deductible. This could have a major effect on the spouse that receives alimony, as that spouse generally relies on those payments to maintain their standard of living. These negotiations could also have an effect on the length of the divorce process as well as the cost.

             These changes could also push couples that are on the brink of separating into a divorce to avoid having to be under the new tax law. Another aspect that could be affected by this new change are prenuptial agreements that would or already have a set amount of alimony laid out in the agreement.

             If you have divorce questions, or questions about how this new law could affect your current situation, contact Hodges Trial Lawyers.

Will the New Tax Law Affect Your Divorce?

           By now everyone is aware that the White House Administration has revamped the tax laws. While we may not know exactly how those changes will affect us, one change stands out that could have an affect on the amount of divorces taking place between now and 2019.

            One new tax law wipes out the previous alimony deduction that has been in the tax code since 1942. The new law states, in effect, that spouses who pay alimony will not be able to take a deduction for those payments, while spouses receiving alimony will not have to claim the monies received as income. This could lead the spouse who would have to pay alimony to negotiate-or attempt to negotiate-for a much lower payment since it will no longer be tax deductible. This could have a major effect on the spouse that receives alimony, as that spouse generally relies on those payments to maintain their standard of living. These negotiations could also have an effect on the length of the divorce process as well as the cost.

            These changes could also push couples that are on the brink of separating into a divorce to avoid having to be under the new tax law. Another aspect that could be affected by this new change are prenuptial agreements that would or already have a set amount of alimony laid out in the agreement.

            If you have divorce questions, or questions about how this new law could affect your current situation, contact Hodges Trial Lawyers.

Grandparent Visitation Rights

Hodges Trial Lawyers is experienced in trying cases dealing with grandparent visitation petitions. Whether defending or suing on your behalf our talented domestic relations specialist Kourtney Ballew will fight for you. We understand that it is important to protect your children from hazardous relationships as well as support and fight for the healthy relationships within the family. After the passage of House Bill 334 grandparents have a higher burden of proof in order to win visitation rights. Considering this it is important to hire a law firm that understands the new law and is willing to fight for you and your family. In both Madison and Limestone county Hodges Trial Lawyers is prepared to represent you.

Grandparents’ visitation rights

Alabama lawmakers have approved a new bill which gives grandparents the right to petition for visitation rights with their grandchild.  Prior to this legislation, grandparents were unable to petition for visitation with their grandchildren if the parent(s) refused to allow visitation.  The new law states that a grandparent may file for reasonable visitation with their grandchild if any of the following circumstances exist: (1) an action for a divorce or legal separation has been filed or the marital relationship between the parents of the child has been severed by death or divorce, (2) the child was born out of wedlock and the petitioner is a maternal grandparent of the child, (3) the child was born out of wedlock, the petitioner is a paternal grandparent of the child, and paternity has been legally established, or (4)  an action to terminate the parental rights of a parent or parents has been filed or the parental rights of a parent has been terminated by court order.

 Since a parent has the right to deny or limit visitation with grandparents, the grandparent seeking visitation must prove by clear and convincing evidence that the grandparent has established a significant and viable relationship with the child and visitation with the grandparent is in the child’s best interest.  In order to establish a significant and viable relationship with the child for purposes of visitation, the grandparent must meet certain criteria under the new law.  The attorneys at Hodges Trial Lawyers will be happy to discuss your legal options regarding grandparent’s rights and visitation.

Techniques for Co-Parenting

Co-parenting with your former significant other can be stressful.  Nobody will parent your child exactly the way you would.  However, co-parenting is in the best interests of your child.  Here are some helpful co-parenting tips. Be flexible. If one parent needs to swap days, try to accommodate them. Hopefully they will extend the courtesy in the future.  Don’t sweat the small stuff.  Keep them informed with doctor’s appointments, extracurricular activities, school activities, etc.  Our Family Wizard is an App that both parents can download on their phone.  This App provides a calendar, document sharing capabilities, expense sheets, visitation schedule, etc. that both parents can utilize.  Always remember the child’s best interest is the most important objective to co-parenting.