This blog highlights some of the basic DC Child Support Guidelines and the related child support calculation and obligation. Along with divorce, separation, and filing of child custody papers, invariably and eventually the child support aspect of separation has to be addressed. If the matter is court involved, that is – parties have not reached a global agreement addressing divorce, alimony, custody and support – then the court will most likely apply the Child Support Guidelines (hereafter “guidelines”) to determine each parent’s portion of support. The guidelines enumerate and provide an equitable formula to calculate support for each parent principally
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Archives for DC litigation lawyer
DC ADOPTION LAWS: LEGAL PARAMETERS: DC ADOPTION LAWYER
DC adoptions can be categorized as Child and Family Services (“CFSA”) involved or private adoptions. The legal paradigm remains the same. The CFSA involvement could and generally does complicate the process as there are additional requirements to make the child eligible for the federal subsidy. Such requirements are adoption licensing, home study/visits, Interstate Compact (“ICPC”) when applicable, adoption final report, adoption subsidy agreement, federal and state police as well as Child Protection Registry (“CPS” ) clearances just to name a few. Once the CFSA procedural requirements are met, there still remains the legal threshold to completing the adoption and entering
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RECENT COURT OF APPEALS DECISION: ATTEMPTED THREATS REVERSAL
In Milton v. U.S., decided by the DC Court of Appeals on December 24, 2015, the Court reversed Milton’s conviction for attempted threats against the arresting police officer. Officers had responded to an unlawful entry call on July 5, 2015, and Milton having been identified as one of the culprits was placed under arrest, but while on the curbside and cuffed, uttered to one of the arresting officers that “take that gun and badge off and I’ll fuck you up,” and moreover, that “too bad it’s not like the old days where fucking up an officer is a misdemeanor.” These
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MALICIOUS DESTRUCTION OF PROPERTY: RECENT COURT OF APPEALS DECISION
The Court of Appeals in LAWRENCE N. HARRIS v. UNITED STATES, decided on October 29, 2015, reversed the appellant’s conviction for malicious destruction of property. The appellant had shared a home with his mother and sister and while locked out of the property by her mother, the complaining witness, attempted to gain entrance by kicking the front door causing damage to the door and ultimately getting arrested. Appellant was convicted under D.C. Code § 22-303, which states: “[w]hoever maliciously injures or breaks or destroys, or attempts to injure or break or destroy, by fire or otherwise, any public or private
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Justice Department v. Apple Computer: IPHONE SEARCH AND SEIZURE
In an ongoing criminal investigation, the Justice Department in the Eastern District of NY, on October 9, 2015, requested an order pursuant to all Writs Act, 28 U.S.C. § 1651, to compel Apple to “disabl[e] the security of an Apple device that the government has lawfully seized pursuant to a warrant.” This case has brought to the forefront once again the balancing act between the need from the law enforcement to decode encrypted devices (the going dark problem), prevailing privacy issues, and the lack of Congressional authority to compel third party private manufacturers to cooperate with the government or to
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DC ASSAULT LAWYER – — SELF DEFENSE NOT VIABLE
The Court of Appeals in Travers v. U.S., issued on October 8, 2015, revered multiple felony assaultive convictions because the defendant was restricted at trial to fully either testify or to elicit testimony to bolster his self-defense theory. Travers was convicted of assaulting his sister Bethel during a domestic dispute where the complaining witness, his sister had directed her boyfriend/Scott to “get him”, Travers that is. Travers alleged that in self-defense he had used a golf club to swing at the boyfriend and had accidentally hit his sister, the complaining witness. Travers argued that the court erred by precluding him
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RECENT COURT OF APPEALS DECISION: VALIDITY OF MIRANDA WARNING
The Court of Appeals in IN RE S.W., decided on September 17, 2015, reversed conviction due to faulty Miranda rendering post arrest interrogation inadmissible. SW after trial was convicted of: (1) carjacking, (2) attempted unauthorized use of a motor vehicle, (3) unlawful entry of a motor vehicle, and (4) threats to do bodily harm. The post arrest interrogation was deemed admissible as the trial court deemed confession valid and Miranda warning appropriate, the Court of Appeals disagreed as closer analysis of the Miranda warning administered and the dialog before the warning was deemed too coercive. Specifically, the appellant argued that
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THE DOUBLE JEOPARDY CLAUSE: RECENT COURT OF APPEALS DECISION
The Court of Appeals in STANLEY MOGHALU v. UNITED STATES, decided on August 13, 2015, clarified preserving the double jeopardy defense to retrial for appellate review. Stanley Moghalu was charged with unlawful possession of a firearm (“UPF”) and carrying a pistol without a license (“CPWL”). The case at the trial level was declared a mistrial twice as the jury could not “return a unanimous verdict that would be anything other than forced.” The first trial the court granted mistrial at the request of defense counsel, and the second trial the court granted a mistrial over defense objection that anti-lock instructions
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RETURN FOR REWARD DEFENSE; NEW COURT OF APPEALS RULING
The Court of Appeals on a second remand on August 20, 2015, in LIHLAKHA v. U.S., clarifies further the return for reward defense for receiving stolen property (RSP) conviction. Lihlakha was convicted at trial for RSP and her defense and arguments on appeal focused on return for reward defense. The Court on the first review outlined for the first time the elements needed to successfully assert the defense: Specifically, the defense will be satisfied if the evidence shows that: “(1) The reward had been announced, or was believed to have been announced, before the property was possessed or agreed to
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DC ASSAULT; RELEVANT STATUTE AND RECENT CASE LAW
The Court of Appeals in IN RE D.P., APPELLANT, decided on August 13, 2015, reversed D.P.’s conviction for aggravated assault and felonious assault (assault with significant bodily injury). The charges stemmed from an assault by a group of three teenagers on a metro bus on M.G., another student. Thus the government charged M.P., I.C. and D.P. with aggravated assault and assault with significant bodily injury. M.P. pled out to simple assault, the case against I.C. was dropped and D.P. proceeded to trial and was convicted on the two counts. Before the Court reversed D.P.’s convictions, the Court outlined the three
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