Separation and Divorce Between United States Citizens and Non-citizens

Separation and divorce between citizens and non-citizens can occur just as separation and divorce occurs between two citizens. Non-citizens who reside in the United States are entitled to the same rights as legal citizens residing in the United States. If both the citizen and non-citizen reside in the United States, both have access to the same court system and procedures.

Application of the Indian Child Welfare Act

The Indian Child Welfare Act (ICWA) is a federal law that sets minimum standards for the removal of Native American children from their homes. The ICWA is designed to preserve and strengthen Native American families and culture.

Valuation of Noneconomic Contributions

The economic partnership concept that underlies equitable distribution recognizes the noneconomic contributions of a spouse to the acquisition of marital property. Equitable distribution recognizes that the homemaker's noneconomic contributions can play a substantial role in the acquisition of property during marriage and entitle the homemaker to share in the fruits of the marital partnership when it ends.

Tax Considerations Relating to Child Support

For federal income tax purposes, payments of child support are not tax-deductible by the parent who makes the payments but child support is tax-free to the recipient. In order to qualify as child support, the amounts an ex-spouse receives must be designated as child support in the divorce or separation agreement. None of a payment that is lumped together as either family support or alimony is considered child support for tax purposes. In addition, family support or alimony is taxable to the recipient.

Separation

A separation constitutes the living apart of spouses. The spouses are not yet permitted to remarry because they are still legally married. The separation can be either legal or non-legal in nature. A legal separation generally refers to a separation that is ordered by a court.