District of Columbia Child Support Guidelines provides the right to the custodial parent to receive retroactive child support payments for a period of 24 months preceding the filing of the petition for child support. The Court of Appeals in Ford v. Snowden decided on September 22, 2016, addressed specifically the issue of whether a custodial parent receiving government benefit (“TANF”) was entitled to child support payments in addition and above the “TANF” amount. Specifically, Fashon Ford challenges the trial court’s order denying her the opportunity to seek child support from Snowden for the period of time during which Ms. Ford
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Archives for dc family lawyer
WASHINGTON DC PREMARITAL AGREEMENTS AND ENFORCEABILITY: DC DIVORCE LAWYER
Premarital agreements can be extensive and can include many provision, however below are some of the main issues that can be legally addressed and enforced through premarital agreements. DC Code § 46–503 provides specific statutory content for the premarital agreements: (1) The rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) The right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; (3) The disposition of property upon separation,
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RECENT WASHINGTON DC COURT OF APPEALS DECISION: EQUAL DISTRIBUTION OF MARITAL PROPERTY NOT NECESSARILY EQUITABLE: WASHINGTON DC DIVORCE LAWYER
The DC Court of Appeals on April 20, 2017, in Fleet v. Fleet; reversed and remanded the trial Judge’s ruling on division of marital property and award of portion of a retirement account. Mr. Fleet specifically on appeal challenged the court‘s distribution of a portion of the marital home and Mr. Fleet‘s retirement account to his ex-wife, appellee Ericka Fleet. He contended the trial court applied improper legal presumption of equal rather than equitable distribution of property in awarding 50 percent of the equity of the home to Ms. Fleet. Mr. Fleet also argued on appeal that the trial court did
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RECENT COURT OF APPEALS DECISION: GOAL CHANGE FROM REUNIFICATION TO ADOPTION NOW APPEALABLE: DC ADOPTION LAWYER
The DC Court of Appeals in: IN RE TA.L.; IN RE A.L.; – decided on December 8, 2016, opined a significant decision in extending and preserving parental rights in the context of adoptions. Here the parents were adjudicated as neglectful and the children were subsequently placed in a foster home. Approximately within a year of the placement, and during a permanency hearing, the goal was changed from reunification to adoption. The goal change from reunification to adoption and the permanency goal change without affording the biological parents a legal procedure and protection was the main subject of the Court’s decision
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INTERNATIONAL CHILD SUPPORT: FORUM NON CONVENIENS: DC CHILD SUPPORT LAWYER
Generally the DC Corporation Counsel will file and prosecute a child support action on behalf of a DC resident and when both the child and the principles are DC residents. However Under 42 U.S. Code ξ 654(4)(A)(ii), the District may bring a child support action on behalf of a non DC resident, a non US national and from a country which has not signed into Uniform Interstate Family Support Act (“UIFSA”) or any other treaty governing terms, that is, a non reciprocating and a non treaty nation. According to the statute, the DC government has the discretion to bring an
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COMPETING ADOPTION PETITIONS: RECENT COURT OF APPEALS DECISION
In the matter of: IN RE M.V.H. decided on July 21, 2016, by the Court of Appeals, a relative grandmother adoption petition v. a non relative foster parent adoption petition was legally compared and analyzed with the trial court as well as the appellate review all ruling in favor of the foster parent petition. The case had initiated through a neglect petition against the biological mother who resided in the grandmother’s home (M.V.H.) at time, and alleged and proven neglect of physical injuries to the child (A.H.). The mother had given her consent to the adoption by the grandmother M.V.H.,
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CHILD CRUELTY REVERSAL: DOCTRINE OF INHERENT INCREDIBILITY
In DION M. SLATER-EL v. UNITED STATES, decided on July 7, 2016, the DC Court of Appeals reversed a second degree child cruelty case while applying a rather rare and archaic legal doctrine: the doctrine of inherent incredibility. The child cruelty statute specifically provides: A person commits the crime of cruelty to children in the second degree if that person intentionally, knowingly, or recklessly . . . [m]altreats a child or engages in conduct which causes a grave risk of bodily injury to a child[.]‖ D.C. Code § 22-1101 (b)(1). The facts of the case gave rise to the doctrine
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WASHINGTON DC CHILD ABUSE AND NEGLECT LAWYER
This blog focuses on the DC child and abuse laws and some of the procedural aspect of a court involved case. Generally a child neglect and abuse case commences with reporting of some kind to the CFSA (“Child and Family Services”). There are those who are according to the DC Neglect Statute are mandatory reporters. The school and all those involved and have contact with the child at school setting, doctor’s offices, social workers, hospitals, police officers, etc. Regardless, when a report to hotline has been made, an investigative social worker is assigned to conduct a preliminary investigation. That would
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BAIL REFORM ACT CONVICTION REVERSED
The Court of Appeals in STERLING P. EVANS v. UNITED STATES, decided on March 17, 2016, reversed a Bail Reform Act violation conviction and remanded the matter for further consideration by the trial court. Evans was arrested and charged with possession and failed to appear for his hearing because he did not correctly remember or recollect the date of his scheduled court appearance. He believed he was due in court two days after the actual day due in court. Bench warrant was issued he was picked up on BRA charge and conviction subject of this appeal. Specifically, Evans testified and
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DC CHILD ABUSE AND NEGLECT LAWS
This blog focuses on the DC child neglect and abuse laws and some of the procedural aspect of a court involved case. Generally a child neglect and abuse case commences with reporting of some kind to the CFSA (“Child and Family Services”). There are those who are according to the DC Neglect Statute are mandatory reporters. The school and all those involved and have contact with the child at school setting, doctor’s offices, social workers, hospitals, police officers, etc. Regardless, when a report to hotline has been made, an investigative social worker is assigned to conduct a preliminary investigation. That
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