Family Law Newsletters

Paternity Proceedings

Depending upon whether a state has adopted the Uniform Parentage Act or whether they have another state statute that governs, paternity proceedings may typically be commenced any time from after the child's birth or at any time for the purpose of declaring the existence of the father and child relationship. The action may also be commenced for the purpose of declaring the non-existence of the father and child relationship.

Important Documents for an Elder Person to Possess

Although no one likes to think of death or incapacitation, individuals, especially elderly individuals should be prepared. There are several important documents for an elder person to have in their possession.

Paternity Fraud

Paternity fraud occurs when a mother or alleged father acts in a deceitful manner to either establish paternity or to show that paternity does not exist. For example, the mother may place an alleged father's name on a birth certificate who is not the biological father. The mother or alleged father may also tamper with the paternity test results.

Taxation of Alimony or Separate Maintenance Payments

Alimony or separate maintenance payments that are made by an obligor spouse to an obligee spouse or to a third party on behalf of the obligee are deductible from the obligor's income provided the payments are made pursuant to a written agreement that was executed after 1984 and subject to certain conditions.

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.