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There are several sperm donor cases in the headlines right now.  If you’ve followed Jason Patric’s appeal in the California courts, it is clear that there are two very different versions of their son’s conception.  The mother claims that Jason Patric wanted nothing to do with a child, but was willing to donate sperm.  Jason Patric claims that he at all times wanted to be a father and because of fertility problems, utilized a sperm bank.  Should a biological father who wants to be a father to his child be a legal father?  The trial court in California denied Jason Patric’s petition, citing a...
In Indiana, a court may order parents to contribute toward a child's college education. However, repudiation of a parent by the child is a complete defense to such an order. Repudiation is defined as a complete refusal to participate in a relationship with a parent. In the recent case of Nelson v Nelson, decided March 16, 2016, the Indiana Court of Appeals refused to find that repudiation had occurred between a father and his son. The Father argued that he should not be ordered to pay any money toward his son's college education, because the son had repudiated their relationship and it was...
We're in the midst of tax season and the question on everyone's mind is who is claiming the kids? If you're in the middle of a divorce and were therefore married in 2015- the answer is probably both of you. Absent an agreement or court order to the contrary, you will most likely be required to file taxes jointly and share in any refund. However, as part of your divorce negotiations, who will claim the dependency exemption must be discussed and included in any final agreement. In Indiana, the most common practice and most common court order is for parents to share claiming the children on...
Tag(s): Family law
Already in 2016, the Supreme Court issued yet another ERISA opinion in Montanile v. Board of Trustees.  This one should send shivers down the spines of health plan administrators everywhere.  The subject was the ability of health plans to recover amounts paid to injured participants who subsequently recover from third parties in a personal injury claim.  Such recovery actions are called subrogation liens, and are a familiar feature in both fully-insured and self-funded health plans sponsored by employers. Of course, being employer-sponsored means that terms of the plan, including its...
Most kids participate in some kind of organized activity outside the school day and there are a wide range of costs and commitment levels required of parents whose children want to be involved. Pursuant to the Indiana Child Support Guidelines, extracurricular expenses are not part of the regular weekly child support payment. They are expenses which are optional in nature since these activities are not part of life’s required costs such as food and clothing. That means that in addition to meeting the basic financial needs of a child, parents are faced with the expenses of things like sports,...
Tag(s): Family law
In welcome news for most employers, the IRS announced in Notice 2016-4 that the deadlines for employers to report health care coverage information as required by the Affordable Care Act have been extended. Background. All Applicable Large Employers (those with 50 or more full-time equivalent employees) must report on Forms 1095 and 1094 whether they offered affordable, minimum essential coverage at minimum value to employees (and their dependents) who were full-time for at least one month during 2015. In addition, any employer sponsoring a self-funded medical plan must report on Form 1095-C...
The IRS has announced various contribution limits applicable to retirement plans in 2016.  Highlights include: The elective deferral (contribution) limit for employees who participate in 401(k), 403(b), and most 457 plans remains unchanged at $18,000. The catch-up contribution limit for employees aged 50 and over who participate in 401(k), 403(b), and most 457 plans remains unchanged at $6,000. The limit on annual contributions to an Individual Retirement Arrangement (IRA) remains unchanged at $5,500. The additional catch-up contribution limit for individuals aged 50 and over is not subject...

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