Mike’s Answer: Spousal support is tax deductible for the party who pays it and is taxable income for the party who receives it. The federal IRS tax code spells out eight requirements for payments to be considered alimony/spousal support. If…
Mike’s Answer: Temporary restraining orders initially cannot be issued for more than twenty-one days. The other party is entitled to have a hearing within that period of time. However, once that other party appears in court, as is common, they…
Mike’s Answer: Anything an attorney can do, you can technically do yourself. However, a good trial attorney prosecutes/defends restraining orders on a regular basis and knows the criteria the courts are looking for. If you truly need an order,…
Mike’s Answer: Divorce proceedings are conducted by state courts and they can divide military pensions. The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) allows (but does not mandate) state courts divide military retirement pensions upon divorce, legal separation or…
Mike’s Answer: The federal Uniformed Services Former Spouses Protection Act (the “USFSPA”) permits divorce courts to award ex-spouses of service members part of “disposable retired pay” (the retired pay available (after necessary deductions) based on salary and years of service)….
Mike’s Answer: The SCRA was enacted in order to help protect service member’s rights if and when they are called to active duty. It protects regular service branch members, in conjunction with members of the Coast Guard serving on active…
