What Employers Should Know about DOMA

The June 26, 2013 Supreme Court decision to end the Defense of Marriage Act (commonly known as DOMA) means many employers have a new set of responsibilities.

Under the FMLA: 
The U.S. Department of Labor has traditionally held that same-sex couples were not entitled to FMLA benefits because the partners in these couples did not fit the legal definition of a "spouse". As of August 2013, same-sex couples who reside in states where same-sex marriage is legal are now entitled to full FMLA benefits.

Under your company Benefit Plan:
Before the end of DOMA, employer-provided health benefits were calculated as income for same-sex couples because the partners of these couples did not fit the the legal definition of a "spouse" for the federal exemption from income tax for health benefits provided to a spouse. Now, same-sex couples will not longer be federally taxed on the value of their employer-provided health coverage, regardless of what state they reside in.

The end of the Defense of Marriage Act signifies a major change in our society and therefore in law. It is important for employers to stay up to date on what their obligations and responsibilities under the new law. It is wise to contact an attorney who is well versed in employment law if you have any questions or concerns.

What You Need to Know (Legally) About Co-Parenting

The goal of Family Court judges is always to advocate for the best interest of the child or children in question. Traditionally, this meant that mothers had primarily physical custody, often with the fathers sharing joint legal custody. This meant that children physically lived at their mother's residence most of the time, both parents had an equal say in the child's upbringing, medical decisions, and schooling. Today, especially in New York, many judges have moved away from this system.

Family Courts are now finding new ways to split parenting. Instead of "all-or-nothing" decisions about custody, Judges may now chose to delegate several different areas of parenting to either the mother or father of the child(ren). For example, a recent case in Kings County resulted in a judge awarding the mother care of the medical and educational decision-making while the father was awarded joint decision authority on all other custodial matters. Judges may favor this system because it encourages cooperation and mutual agreement while co-parenting.

Remember, the Court's goal will always be to rule for what it is the best interest of the child(ren), therefore showing a willingness to amicably co-parent with your ex-spouse can go a long way. Judges who observe one of both parents openly showing hostility or antagonism towards the other may find it is better to delegate decision-making authority to one parent in certain areas instead of taking on the difficult task of co-parenting.

Judge Rules Fiancee Dumped via Text Keeps Her Ring!

Last week a New York Supreme Court judge made a controversial ruling in a matrimonial case in which an upstate man decided to call off his wedding with his fiancée by text message. The judge ruled that the woman would get to keep her 2.97 carat diamond engagement ring, valued at over $50,000, despite New York's established legal precedent that grooms have a right to the ring back if the wedding does not place, regardless of which party got cold feet (you can find more information about that in my Love and Warfare blogpost found here.

In this particular case, the groom texted the bride to call off the wedding. When the bride protested about the method of the breakup, the groom replied by saying "Plus you get a $50,000 parting ring. Enough for a down payment on a house." This statement came back to haunt the groom when the Judge ruled that his statement counted as a formal acknowledgement that the ring was a parting gift intended for the bride to keep.

Stories like this drive home the potential dangers of technology when dealing with legal matters. You should keep in mind that things that you say in text messages, Facebook updates, tweets and an array of other forms of instant communication can and potentially will be used against you in Court. You can read the letter I give to clients about smart social media usage here and find more information on how social media can affect your divorce here.