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Spokane Family Law Blog

No federal tax deductions for same-sex spousal or child support

Washington state is the latest among several states that now recognize same-sex marriage, and family courts here will need to address the question of same-sex divorce. Same-sex marriages that have ended in divorce in other states are bringing to light complicated issues regarding the interaction of the federal Defense of Marriage Act and state law.

The law, DOMA, provides federal tax deductions for spousal and child support paid after a heterosexual couple divorces. In same-sex divorces, no such deductions are available.

Revisiting child custody in light of Washington tragedy

As we all know, Washington state authorities were unable to protect two boys in a custody battle earlier this month. The family's social worker stood helplessly outside the locked doorway while the boys were inside with their father, who had been granted supervised visitation by the court. She called 911, but it was too late. The boys' father doused his house with gasoline and set it on fire, killing everyone inside. In the wake of this horrible tragedy, many states are now questioning their ability to protect children's rights and ensure their safety during custody disputes.

Because judges are given discretion in custody decisions, most states lack laws that specifically address custody issues such as supervised visitation. The judge's assessment of whether a child is in danger primarily determines whether a troubled parent is allowed access to his or her child. The current standard for custody decisions is to make arrangements that are in the best interest of the child.

Texts, Facebook as evidence in Wash. family law court

Almost everyone has sent one emotionally-fueled e-mail that they regret. Or, maybe it was an angry, spur-of-the-moment text message or Facebook status update. As many in Washington state know, once you send such a message, it can be hard to take it back.

This is one reason why those who are going through family law proceedings in the Spokane area may want to clean up their Facebook pages and take a break from text messaging. These types of written communications, as well as e-mails and blog posts, are published documents that are used quite often in family law court.

Washington state poised to OK gay marriage by Valentine's Day

Valentine's Day might mark more marriage proposals than usual in Washington this year. This is, of course, because the gay marriage bill was passed Wednesday night by the Washington State Senate and the House is expected to pass the legislation as early as next week.

In our Spokane Family Law Blog, we recently discussed what might happen to registered same-sex domestic partners in the Spokane area if this bill is signed into law. Now, as it appears the law could be enacted before cupid draws his bow later this month, it may be important to revisit those issues.

Financial steps Washington divorcees may need to take

As tax season rears its head, Spokane residents may be scrambling to get their paperwork in order. Those who have recently divorced in Washington state--and those who are in the process of divorce--likely have a few extra financial tasks on their checklist.

A recent national column included a list of financial paperwork that is important for spouses to address before and after divorce. While it is, of course, very important for individuals to consult with their family law attorneys and or their accountant about these matters, here is a general list of tasks that may get you started.

Washington state legislature on verge of approving gay marriage

Washington Gov. Christine Gregoire's recent endorsement of the gay-marriage bill brings same sex couples in Spokane and across the state one step closer to being able to legally wed.

Many such couples would consider this a chance to formalize existing commitments. Some of these couples may already be registered in a domestic partnership, and these couples may wonder just how their legal rights would change if they were to wed. 

How will a legal separation affect your financial state?

Spokane residents considering a divorce might be interested to learn that more and more couples are choosing to separate indefinitely under family law, rather than filing for divorce.

There are many obvious questions that follow a couple's decision to do this: Why would two people who no longer wish to be married or live together choose to live in a state of limbo by remaining legally separated, and is it really important to separate legally?

Zooey Deschanel, who wed in Washington state, files for divorce

High-asset divorces in Washington often involve a very complex division of assets. From prenuptial agreements to division of assets, spousal support and equitable distribution statutes - there is much to consider in regard to a dissolution of any marriage.

Recently, actress Zooey Deschanel filed for divorce and her finances were revealed to the public. The actress and musician married Death Cab for Cutie frontman Ben Gibbard in 2009 near Seattle. According to divorce documents, the 31-year-old Deschanel has $1.5 million in the bank and about $1.6 million in stocks and bonds. It has not been reported whether they have a prenuptial agreement that would come into play in a divorce settlement.

Heading toward divorce and retirement? Proceed with caution.

Many Spokane readers may be aware that filing for divorce later in life will likely affect your retirement security. However, Baby Boomers continue to be the most popular generation to dissolve their marriages and it is possible to end a marriage and preserve much of what you have invested into your retirement savings.

In order to minimize the effects of dissolution of marriage on retirement plans, very close attention must be paid to the division of assets and retirement savings. It is important to work with a qualified family law professional to understand the particular financial implications of your pending divorce, but a recent news article provided several basic steps that can help keep retirement on solid ground.

Options for Spokane residents seeking divorce

Spokane residents thinking about filing for dissolution of marriage after the New Year are not alone. January is the most popular month for divorce filings, and there are probably a number of factors behind this.

Many couples may put off a divorce during the holidays in order to avoid interrupting family traditions for their children. Couples may also be too busy to deal with preparing for divorce during the hustle and bustle of the season; or, they may dread talking with relatives over the holidays about a recent decision to end a marriage. Whatever the reasoning, the New Year is a perfect time for a fresh start.