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KTRS every month we ask him to come on.the show and give us a little primer on.what's going on in the world of divorce.it's always an interesting conversation.Craig Callen one of the divorce.attorneys here in town a managing member.of the Callen law firm Craig welcome.back to the show thanks for having me.McGraw appreciate it so you've got a.case but I want to ask you about this.tax deal where now I know I know what.they proposed and what's going to come.out the other end is different but one.of the proposals is they want to do away.with alimony or maintenance as a tax.deduction yeah that would turn that.entire area upside down because one of.the selling points of you know say dad's.paying maintenance one of the selling.points that just tell them is yeah.you're gonna have to pay alimony right.but it's tax deductible right okay yeah.and it really makes the whole thing kind.of greased and kind of go right if you.take that away okay you're gonna have a.revolt I would think with with some men.and some pay ORS of maintenance right.are they talking about grandfathering.the current one in or they just.automatically saying even though you've.been getting this as a tax deduction all.these years starting now it's done I.think would be it would be grandfathered.in to the extent that it would that it.would apply to 2017 okay right not not.any further back than that but but but.at the same time you know if it's not.included in income in the payees side of.the formula right that's a real boon to.the payee to the person who's getting.the maintenance if they don't have to.claim it as as a as income right they.don't pay taxes on it does the person.who's receiving the alimony because.there are some women who pay alimony so.the person the spouse receiving it is.that taxable yes sir that it goes on the.front page of your 10 1040 as if you.earned income but the person who's.paying it it's a tax deduction correct.it's a balance so when one party.receives it they pay the tax on it the.other party pays it they get a deduction.so it turned the thing upside down I.don't think it's a good idea.so so your ears perked up when you heard.that oh absolutely and it's just as bad.as the home mortgage deduction you.imagine that's a whole other issue all.right Craig Callen what's your case for.us today well I tell you the big area.that's that's going on now that's really.hot it's called third party custody okay.explain that well you know usually you.have mom and dad who have custody of.their children right okay yeah third.party custody is a non-biological parent.someone who's involved in the child's.life exercising a right to custody so.like a stepdad or something exactly okay.comes up in stepdad situations stepmom.situations of course and as to gay and.lesbian relationships there's a case.that came down in October McGraw kmm.versus ke W where there were two.lesbians who had contracted for.artificial insemination right obviously.you got to put the baby in one of them.and so you have one biological.biological parent and one non-biological.parent right well they raised this kid.till she's three or four years old and.they break up and biological mom says.sorry you can't have any access to the.kid right so she obviously petitions the.court in st. Louis County who denies the.non-biological parent parent rights and.in October the Missouri Court of Appeals.for the Eastern District to reverse that.and said no this non-biological parent.has standing has a right to bring a.custody case in regard to this child now.we don't know as of yet if if she'll get.custody rights or what they will what.they will be but the court gave her that.right so that's a big deal that's a huge.deal you can imagine all the step.parents out there who've raised.stepchildren for decades right you know.or five years or six years and all of a.sudden when the relationship breaks up.they're supposed to just cut the ties to.this child that they have a relationship.with I think it's the right kind of.llama so so this is a precedent-setting.case in a sense absolutely because.before that the the case that really.started it was to tql out of the Supreme.Court in 2012 which gave a third party.standing to even file a case or to.intervene into a case so where is that.this was a st. Louis this was a well it.was a st. Louis case out of the Missouri.Court of the Eastern District okay okay.our district right here in st. Louis so.yes that came out October 3rd 2017 is.this gonna go up the chain of yes it.will it will and we're waiting on.several cases of this nature to come.down from the Supreme Court.so this.so so where's uh in terms of.precedent-setting is this one of the.ones they might take to the Supreme.Court.absolutely really yeah absolutely and.we'll wait to see what comes of it.because obviously with with kmm they've.got to work their way through the trial.court for the judge to make a custody.order and then and only then is that.order final it can go up to the Supreme.so what happens to that to the kid now.and the mother and the mother in this.situation while they're waiting for this.to be all sorted out very good question.the the the trial court can enter.temporary orders of custody you know.giving the non-biological parents some.time with the child or what's worse is.if they don't do that and a young child.is torn away from someone that they have.a bond with right that can be a real.problem so it's balancing you know the.rights of everybody involved and trying.to determine what's in the best.interests of this little case you've.been a divorce attorney for how long 28.years so this is the newest frontier.this is the newest frontier i gauged.this to be the fastest and biggest.growing segment of my business really.really because so many now ways to get.pregnant and people who aren't married.and have divorces and friends and.everybody else well right I mean the gay.and lesbian community alone will will.engender a lot of business here because.obviously biologically they can't have a.child right but there are a couple in.every other way and so they they either.you know have do artificial insemination.or they do some other form of a we're in.a situation where the father the.biological father doesn't have any.rights but the non-biological mother.might have rights that's possible that's.possible I don't know if it's gonna.happen but it's possible so we're we're.in a new frontier mcgraw uh what's the.website for for people to find out more.from you we are at st louis divorce.dotnet st louis divorce dotnet Kalen law.firm he's one of the big ones and he's.with us every month to bring us all the.weird and wacky stuff Craig Callen.you're always welcome here thanks but.hey thank.

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