Family Law Newsletters

Interference with an Agreement to Marry

Depending upon the state, interfering with an agreement to marry may be a civil offense or a tort. However, the majority of states do not recognize a claim for interfering with an agreement to marry. Although most states recognize the claim of tortious interference with a business relation or with a general contract, states are more reluctant to permit a claim for liability with respect to a premarital setting.

Long Distance Caregiving, Hiring a Caregiver, and Medicare

Many adult children no longer live in close proximity to their parents. Often times either children or parents relocate due to employment or retirement. If a parent falls ill, the task of caring for the parent in a long distance capacity may be very difficult and stressful. Moreover, long distance caregiving is a time-consuming endeavor.

Right of Putative Father to have his Child Bear his Surname

In some instances, a putative father who gains custody or visitation of his child may want the child’s surname changed from that of the mother’s to his own. Neither parent has a paramount right over the other to assign to the child a particular surname, even in those jurisdictions that statutorily mandate the child’s surname initially is to be that of the mother.

Tax Considerations Relating to Child Support

For federal income tax purposes, payments of child support are not tax-deductible by the parent who makes the payments but child support is tax-free to the recipient. In order to qualify as child support, the amounts an ex-spouse receives must be designated as child support in the divorce or separation agreement. None of a payment that is lumped together as either family support or alimony is considered child support for tax purposes. In addition, family support or alimony is taxable to the recipient.