Anchorage Family Law Blog For Men

Divorce and dividing assets

Couples in Alaska who are getting a divorce should understand how dividing certain types of assets will affect them tax-wise. For example, many spouses do not pursue their share of other assets in order to retain ownership of the family home. However, because of changes in the tax law, it could more expensive than they thought to own the home.

According to the tax law, individuals can only deduct $10,000 a year in local and state taxes. This means that homeowners will have increased taxes if they reside in states that have high property taxes. People getting a divorce should also be aware that the interest in home equity loans and home equity lines of credit can no longer be deducted if they do not use the funds in order to purchase, construct or substantially enhance the home. If the home equity line is used for some other reason, such as paying off credit card bills, the interest cannot be deducted.

Child custody orders and visitation

Parents in Alaska who want to spend more time with their children may need to petition a court for more visitation. If visitation has been denied by the court or by a custodial parent, there are several things that non-custodial parents can do.

It is rare for courts to deny a biological parent all visitation. In some cases, a parent may be denied visitation if the court believes that they pose a threat to a child's mental or emotional well-being. Most of the time a parent can request a modification of an order suspending visitation after completing requirements imposed by a court such as drug testing, parenting classes or anger management.

Advantages of joint custody

Many parents in Alaska are not thrilled when they find out that they are expected by the family court to share custody of their kids. However, splitting physical custody can be the most ideal arrangement for not only the children but also the parents.

Both parents will be responsible for disciplining the children. This means that the parents will have to collaborate with one another and support each other regarding the creation and enforcement of house rules. Being able to depend on the other parent when it comes to discipline can be particularly helpful as the children grow older and are tempted to discover how far they can test authority.

Regaining custody of a child

Alaska fathers who have lost custody of their children may be able to get it back. The first step in the process is to determine why custody was taken away. In some cases, it may be because a father violated a court order or is being accused of abusing or neglecting the child. Therefore, a judge determined that it wasn't in the child's best interest for a dad to retain custody.

In some cases, the court will place conditions on how or when a dad can regain custody of his children. For instance, it may be possible to get custody back after completing counseling or completing a drug or alcohol treatment plan. In many cases, simply adhering to a court order is the fastest and most effective way to get custody back in a timely manner.

Modifying a child custody arrangement

If your and your ex-wife’s circumstances have changed, and your custody agreement no longer is feasible, you have the authority to modify the custody order in Alaska. Keeping the best interests of your child in mind, Alaska judges will diligently review the request and either approve or deny the claim.

You must provide clear evidence to support that the change in custody will provide a better schedule or arrangement for your child. To ensure you file all necessary documents and bring required proof, you may wish to speak with a father’s rights attorney to create the best case for custody adjustment. Know that if you can give the court adequate reasoning, judges will determine that a revisit of the custody arrangement will prove best for all parties involved.

How new alimony tax rules may affect retirement savings

Because of changes related to the Tax Cuts and Jobs Act (TCJA), alimony payers in Alaska will no longer be allowed to deduct payments for tax purposes. Recipients will also no longer have to pay taxes on payments. Additionally, the TCJA rule changes will affect retirement account options for divorced couples on either side of the alimony equation. However, the new law will not apply to alimony arrangements already in place before the TCJA officially goes into effect.

With alimony payment through retirement funds under existing rules, a spouse would have to pay to receive a deduction. But with a proper divorce agreement, funds could be transferred from retirement accounts in a way that benefits the paying spouse. If an ex-spouse makes payments from an IRA, for instance, they will be using funds that would have otherwise been taxed if they had been withdrawn. The receiving party, however, would have to pay tax on money taken from the IRA. Such transfers are one-time transactions that would need to spelled out in a divorce agreement.

Men may need fathers' rights attorneys when children are involved

When an Alaska couple has children together, things can get complicated if the pair decides to separate. Whether they want to maintain contact with their children or not, Alaskan fathers face a whole set of challenges.

Establishing paternity can be important in more ways than one. Sometimes, establishing paternity is important in child support cases, especially if a man wants to contest it so he doesn't have to pay support to a child who could be someone else's. If the couple is unmarried and the mother wants to put the child up for adoption but the man doesn't, establishing paternity gives the father a say in the matter. Establishing paternity also gives the father the right to agree to the adoption. Paternity may be involved in child visitation and inheritance issues.

Things to avoid in coparenting

Parents in Alaska who are getting a divorce may face some challenges, but they can take steps to make coparenting less difficult. For example, parents should make a plan to communicate about any parenting issues that may arise. They should not use their children as conduits for communication between parents.

Neither parent should shut the other parent out of the child's life. They should work together to try to keep rules between households reasonably consistent, but if this is not possible, neither parent should badmouth the other. Parents should not put the children in the middle of conflict or argue in front of the children. Unless the other parent is putting the child in danger, parents should also not use the threat of cutting off access to punish or manipulate one another. Children should not be questioned about the other parent.

How unmarried fathers can play a role in their child's life

When a child is born in Alaska, the mother's husband is generally considered the legal father. However, if a father is not married to the mother when the child is born, he may have to take steps to gain rights to his son or daughter. In some cases, the father's name will be put on the child's birth certificate. He can also voluntarily acknowledge paternity after the child is born.

If a man is considered the father of a child, he may have to pay child support. He could also be given custody rights to the child if he is fit to have them. In the event that the parents are living together, there may be no need for a formal custody and child support order. Otherwise, a child's parents can come together to create a parenting plan if they are able to work together. There is a strong chance that a court will approve the plan if it meets the needs of the child.

3 factors that influence pension division in military divorces

Military spouses in Alaska are often afraid of what they would lose in a divorce. They fear losing a large portion of retirement funding that they have been building up for years to their ex-spouses. They can lose as much as half of their pensions from the fall out.

There are several variables that go into how much an ex can receive from their military spouse’s retirement funding. Service members should be aware of these different factors before they settle these issues in the courtroom.

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