Prenatal DNA Test Could Lead To Child Support Changes

Everyone knows that the issue of fatherhood is important. It matters emotionally for sure, where a child comes from, who his or her family is. It also matters financially and legally. The legal father of a child is entitled to certain benefits and also has certain rights and obligations. Fathers must financially provide for their offspring and paternity is critically important to issues of child support.

Given the importance of paternity, it is essential that the issue be decided as quickly as possible. Until just recently, involved parties had to wait until after a child was born to get the answer to the important question of “Who’s the daddy?” Thanks to ARCPoint Labs, a South Carolina technology company, a new test was developed so that the uncertainty can be dispensed with months earlier.

The test is not only new, but it’s especially scientifically important because it is noninvasive. In fact, ARCPoint Labs says that it is the very first noninvasive prenatal DNA test to ever be widely available to the public. Prior to the development of the new test, the only other option to determine a child’s DNA was through the use of an amniocentesis. The problem with this procedure was the danger posed to the mother and child given that an amniocentesis is done by inserting a needle into a woman’s amniotic sac. Given the risk of miscarriage, an amniocentesis would not be done for a simple DNA determination.

The new test by ARCPoint works by simply taking a vial of a pregnant woman’s blood. The blood is then screened for tiny fragments of a fetus’ DNA and then compared to DNA that has been taken from the potential father with a cheek swab. The scientific leap allows paternity to be definitively determined as early as the first trimester.

While this is all great news for those looking for quick answers about paternity, the development is also potentially legally significant. Because paternity can be determined so much sooner, fathers may now be required to step in and pay to support their offspring months earlier than is typical.

Currently, most states say that child support is required to begin once a child has been born. That means that costs associated with pregnancy are seen as the sole responsibility of the mother. If the new ARCPoint test becomes widely accepted, then the burden of pregnancy expenses could be shifted towards the father. It’s possible that in the future legislatures might change laws to go after fathers much sooner in a child’s life than is currently accepted, maybe even before the child is born.

If you find yourself facing the prospect of complicated divorce and have questions about your rights and options, contact an experienced Ohio family law attorney who can help guide you through the difficult process. Count on the expertise of Twinsburg family law attorney Carol L. Stephan.

Source: “New blood test can determine paternity before birth,” published at MichiganRadio.org.

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How To Handle Spring Break In The Midst An Ohio Divorce

Spring break can be a crazy time for all families, but especially so for those families going through a divorce. Even in the best cases, having to juggle children between multiple houses, taking into account various schedules and conflicting vacation plans can be a chore. The problem is that many parents wait until the last minute to try and hammer out the details, which succeeds only in making a bad situation worse. If you’re willing to think ahead, taking a few steps early on can save a lot of hassle down the road.

First things first, to make spring break easier for the whole family begin planning what you’re going to do before the divorce is ever finalized. Try to come up with a vacation plan that will work for your and your soon-to-be-former spouse while you’re both still drawing up the parenting plan. Though vacations probably won’t be the most pressing concern, it’s still possible to set aside a moment to start planning for what you know will be a problem in the future. After all, it’s much better to get the kinks worked out now than to spend years arguing over the details. You and your attorney need to answer questions like what day of the week do vacations begin and which holidays are considered special and which will follow the normal parenting plan. There’s no right or wrong answer to the questions, they just are important issues that need to be covered to ensure you reach a comprehensive plan.

                     

Even if spring break isn’t spelled out in your parenting plan, you can still plan in advance. Parents should get together (or correspond) about their travel plans months in advance. Try to hammer things out well before spring ever rolls around so there isn’t any last minute hysteria. Not only will this makes things go more smoothly for you, you’re your kids will enjoy the structure and stability that comes with a seamless vacation.

Finally, while it’s great to reach a verbal agreement with your former spouse, it’s essential that you take the next step and put it in writing. Creating a document, even a very simple one, can make all the difference in avoiding fights down the road. Not only will it help keep things straight in both of your minds, but also if one party voices disapproval, the argument can be put to a stop quickly by busting out the written agreement.

While emergencies can happen at any time and throw a wrench into even the best plans, this should be the exception and not the rule. Taking time early on to work with a skilled Ohio family law attorney to iron out all the details of your divorce can avoid serious headaches down the road.

If you find yourself facing the prospect of complicated divorce and have questions about your rights and options, contact an experienced Ohio family law attorney who can help guide you through the difficult process. Count on the expertise of Twinsburg family law attorney Carol L. Stephan.

Source: “Spring Break Parenting Time Schedule,” by Matt Allen, published at Examiner.com.

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Important Tax Advice For Those In Ohio Preparing For Divorce

Though no one would disagree that tax time is a rough period regardless of your marital status, things become a lot more complicated if you are preparing for or are in the midst of an Ohio divorce. Nobody wants to deal with the expenses associated with tax time while paying for divorce lawyers, so it’s critical to avoid unnecessarily wasted money by following some important tax season advice.

First off, for those who are in the midst of divorce it is critically important to choose the right federal tax filing status. This can be tricky given that many people may not realize how to determine their status for the prior year. In reality, it’s pretty simple. Your filing status is decided by whether or not you were married on the last day of the previous year. That means if you were married on New Year’s Eve then you can file married and jointly. If you were solo already and your divorce was final, then you file your taxes as a single person.

The next thing that those going through a divorce need to be sure and do is claim all allowable tax exemptions. The biggie here is your child tax credit. The caveat is that only one spouse can claim the credit and only if certain conditions are met. Custodial parents are also allowed to take childcare tax credits as well as education tax credits for their dependent children. However, the child tax exemption can only be claimed by the custodial parent. The only possible exception to this rule is if the two parents agreed in advance that the noncustodial parent would take the exemption. If so, both parents must fill out the IRS Form 8332 to ensure that the exemption is transferred to the noncustodial parent.

Though everyone wants to get as many tax breaks as possible, it’s important to make clear that some things cannot be deducted. For instance, if you are paying child support in Ohio you are not permitted to deduct this from your tax bill. By the same token, those receiving child support payments can breathe easy knowing they do not have to include child support money as income.

Thankfully (depending on who you are), the same rules don’t apply to alimony or spousal support payments. For spousal support, those who pay the money can deduct it from their taxable income. On the other hand, the other spouse will have to claim alimony as income on his or her tax return.

Tax rules are tricky by themselves but can become downright overwhelming in the context of a stressful divorce. If you find yourself facing the prospect of complicated divorce and have questions about your rights and options, contact an experienced Ohio family law attorney who can help guide you through the difficult process. Count on the expertise of Twinsburg family law attorney Carol L. Stephan.

Source: “Divorce and Taxes: Five Things You Need to Know,” by Kelly Phillips Erb, published at Time.com.

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Surrogate Abortion Case Raises Concerns About Enforceability of Surrogacy Contracts

A recent and tragic fight between concerned biological parents and a protective surrogate mother made national headlines after it was discovered that the child had serious health defects. The couple wanted their surrogate to have an abortion; a plan she initially agreed to but then had a change of heart. The surrogate then decided to flee to a different state that did not acknowledge surrogacy contracts so that she could have the child and put it up for adoption. The parents then launched a suit to get control of their child. A complicated and emotionally exhausting custody fight that touches on important concerns for those with fertility problems.

The case began when the couple was introduced to Crystal Kelley. Kelley needed money and was happy to have a child for the couple who were looking for their fourth after the wife had fertility problems. Though things started well, it was quickly discovered that the baby Kelley was carrying had severe disabilities. Doctors said the baby would be born with a cleft palate, brain development problems and serious heart defects. Multiple surgeries would be required and even then, the child was given only a 25 percent chance of leading a normal life.

The worried couple, who had already raised several premature children, decided to offer Kelley $10,000 to abort the baby and spare it from a life of pain. The woman initially agreed to do it for $15,000 but when the couple balked, changed her mind entirely and said her religion would not allow her to go through with it. The couple then sued to enforce the original surrogacy contract.

The original agreement specifically stated that the woman would agree to an abortion if the fetus had a severe abnormality, something Kelley later decided not to follow through with. Rather than stay and lose the inevitable case, she picked up and moved to Michigan where surrogacy contracts are not considered valid.

The surrogate eventually gave birth to the girl who suffered from even worse problems than were feared. Severe physical and brain deformities were present as well as serious developmental abnormalities. Kelley located a woman who was willing to adopt the child but still had the couple’s custody suit to contend with.

Several weeks after the birth, the couple relented to the adoption and agreed to give up their rights if they were allowed to maintain some kind of contact with the girl. The good news is that the young girl is now alive and living with her new adopted mother. The biological parents have visited the girl several times, despite the devastating custody battle.

Though this represents one family’s tragic struggle, it also sheds light on larger issues about what can happen when a surrogacy situation goes awry. As more and more couples suffer fertility issues and consider nontraditional ways of having a family, the case shows how much couples need to plan ahead and attempt to plan for a host of unknowns.

If you find yourself facing the prospect of complicated divorce and have questions about your rights and options, contact an experienced Ohio family law attorney who can help guide you through the difficult process. Count on the expertise of Twinsburg family law attorney Carol L. Stephan.

Source: “Surrogate mother refused abortion: Right? Wrong? Damned to hell?,” by Aly Neel, published at WashingtonPost.com.

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Family Law Fails to Keep Pace With Modern Families

Though researchers tell us everyday that Americans increasingly resemble the families seen on “Modern Family,” our judicial system in many ways appears stuck in the time of “Leave It to Beaver.” Gay rights and gay parenting have changed by leaps and bounds over the past few decades. A whopping 41% of all new births are among single women. The idea of what a family is has changed a lot in the minds of many, but our legal system has been slow to warm to the changes.

A good example of the gap between modern realities and the legal system is occurring right now in New York. A state seen as quite progressive is stuck with outdated family law ideas. The New York Times discussed the case of a man named Jonathan Sporn, a pharmaceuticals exec living in Manhattan.

Dr. Sporn filed a petition last month saying that he and his then girlfriend, Leann Leutner, had a baby boy last summer. The couple had conception problems and used a sperm donor. The two had been dating for a number of years and had been living together since 2010, but after having each been divorced once before, the two decided to raise the child as a non-married couple.

The problem arose in December when Leutner, a lawyer with a prominent New York firm, took the child and left the apartment she shared with Sporn for a new apartment in New Jersey. Only a few days later Leutner killed herself. The death was shocking, but not totally out of the blue. She had suffered from psychological problems off and on for years and they were made worse due to her severe postpartum depression.

Since Leutner died, the baby has been with child protective services and is in foster care in New York City despite desperate pleas by Sporn to have the child returned to him. Leutner’s sister, who lives in Chicago, has also filed a petition asking for custody. The judge assigned to the case agreed that visits by social workers confirmed that either case would be an acceptable home for the child, yet the baby has not been given to Sporn because he is technically viewed as “destitute.” The term refers to those children with no known parents, a curious definition given that Sporn is alive and well.

The problem is that under New York law, Dr. Sporn has no real relationship to the child. He was never married to the baby’s mother and has no biological connection to the boy. He also had not yet taken any formal legal steps to adopt him. The case resembles many cases of gay parents who never formally adopted their children and then are thrown into custody cases when their relationships sour and are shocked to discover they have no legal parental rights.

Fifty years ago being an illegitimate child was a serious matter that came with lots of legal limits. The U.S. Supreme Court took action to protect the children of unmarried couples from legal harm but this and other recent cases prove that there is still a lot of ground yet to be covered. While we may enjoy Modern Family on television, our court system has yet to adapt to modern life.  

If you find yourself facing the prospect of complicated divorce and have questions about your rights and options, contact an experienced Ohio family law attorney who can help guide you through the difficult process. Count on the expertise of Twinsburg family law attorney Carol L. Stephan.

Source: “When the Law Says a Parent Isn’t a Parent,” by Gina Bellafante, published at NYTimes.com.

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