I had the honor to represent George and Jason, a loving couple who has been together for many years and whose marriage was finally recognized in Florida in December of 2014. George and Jason opened their home and their hearts to Michael last year.

Michael, a thirteen year old who has spent the past four years in foster care, longed for his forever family while bouncing from home to home.  As a Guardian ad Litem Program attorney for many years, I knew many children like Michael.  It was heartbreaking to see these children grow up in our foster care system.  While there are many amazing and wonderful foster parents in Florida, it can be extremely difficult to find a good fit for older children.  Even with wonderful foster parents, Guardian ad Litem volunteers, compassionate and hard working caseworkers, these children often flounder.  Michael’s excellent and committed attorney commented, “As much as I have enjoyed being in his life, he needed a FAMILY, not another nice adult.”

When Michael met George and Jason in 2014, they all knew within days that their family was finally whole.  Michael has thrived while in their care, recently being accepted into the prestigious Cambridge Program at his local school. They enjoy traveling together as a family with a cruise and trip to Washington DC planned this summer.   After their adoption hearing, Michael proudly proclaimed, “I am a Stark, DCF is behind me, I love my two dads and you are mine forever!”

While gay individuals have been able to adopt in Florida since The Third District Court of Appeal’s Gill decision in 2010, they have had to adopt individually and not as a married couple.  With Judge Hinkle’s ruling in December of 2014 in Brenner v. Scott, same-sex  marriage is now recognized in Florida.  These decisions brought us to today.  A day where the legal system helped a boy know deep in his being that he would be loved forever and a family was finally given the respect they have earned.  A special day indeed.

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The maximum credit is $12,970 and the credit begins to phase out for families with incomes above $194, 580. It phases out completely for families who make more than $234,580. The credit is a dollar for dollar reduction in the amount of federal taxes owed.

The credit is no longer refundable. This means that only families who have federal income tax liability will be able to use it. Families should still claim the credit because the credit can carry forward and families have up to five years to use the credit.

Families who adopt special needs children still qualify for the full amount of the credit and do not need to document adoption expenses. A special needs determination is still required. Children adopted through the foster care system are almost always deemed special needs even if the child has no discernable true special needs such as a mental or physical handicap. Children who are handicapped actually do not automatically qualify for the special needs determination. There must be an active determination by the Department of Children and Families that the child is considered special needs.

The form is still Form 8839, http://www.irs.gov/pub/irs-pdf/f8839.pdf. Adoptive families should consult with a tax professional to ensure that their family receives the maximum benefit from the credit.

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Adoptive Families often find the beginning of the adoption process overwhelming and intimidating. If you have experienced infertility, it is very important that you first grieve this loss sufficiently before jumping into an adoption. The next step is to gather information about adoption so that you can develop an adoption plan that fits your needs and desires for your family.

There is an abundance of information about adoptions available on the internet. A good place to start is www.creatingafamily.org. Creating a Family is a non-profit that provides education and resources about infertility and adoption. The Executive Director, Dawn Davenport, regularly blogs on adoption issues and her posts are interesting and informative.

If you prefer a book, there are hundreds, if not thousands, of great options. I would start by spending an afternoon at your local library browsing the adoption section. I found the “Adoption Nation” by Adam Pertman very helpful. Pertman provides an overview of the current state of adoption and details the pros and cons associated with the different types of adoptions. Scott Simon’s “In Praise of Adoption,” which details the adoption of his daughter from China, is one of my all time favorite books. Simon’s elegant prose describes his adoption experience with frank honesty and emotion.

One of the services that the Law Office of Mary K. Wimsett can provide is a complete overview of the many options and variables associated with adoption. As I stated last week in my blog to birth mothers, it can be overwhelming at the beginning of your journey, but it is absolutely worth it.

The post Where to Begin? Part 2 (for Adoptive Families) appeared first on Gainesville Florida Adoption Attorney | Law Offices of Mary K. Wimsett | Ocala Jacksonville FL Lawyer.

You should start thinking about whether you prefer for your adoption to be closed or open and if open, the degree of openness. Birth mothers should craft an adoption plan that fulfills their wishes for their child but is also something that fits their own needs. Birth mothers should start thinking about the type of family that they would like to match with—single parent; infertile couple; couple with children; mixed race couple; couple living in small town; family who has adopted before; etc. As you can imagine, there are hundreds of variables. And if you don’t know or don’t wish to know, that is perfectly fine too. Some birth mothers chose a closed adoption where they do not meet the family or know anything about them.

You should then decide if they would like to work with an agency, an attorney or select the family directly. Each adoption entity provides a different experience so it is important to interview the entity. You should ask questions about their experience, services provided and also ask to speak with another birth mother who has utilized their services.

Finally, you should start thinking about what support you will need during your pregnancy. Florida law allows the adoptive family to provide the birth mother with financial support related to the pregnancy throughout the pregnancy and 6 weeks post partum. This means that the family can assist you with rent, utilities, food, health care and other expenses related to the pregnancy.

My office can provide a complete overview of the many options and variables associated with adoption. While it can be overwhelming at the beginning of your journey, it will make your adoption much more fulfilling if you have explored your options thoroughly.

My next blog will feature the first steps for the adoptive family.

The post Where to Begin? Part 1 (for Birth Mothers) appeared first on Gainesville Florida Adoption Attorney | Law Offices of Mary K. Wimsett | Ocala Jacksonville FL Lawyer.

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After December 31st, 2011, the Adoption Tax Credit will revert back to the pre-2010 credit amount (which was $12,170 but this number will be adjusted for inflation) and will NOT be refundable. This means, if you do not typically pay taxes, you will not receive the credit. This will remain in effect until December 31st, 2012.

There is an income limit with the credit decreasing for families with an adjusted gross income of $182,520 and the credit is completely eliminated for taxpayers with adjusted gross income of $222,520. You may be eligible to claim the credit even if your adoption does not become final. You must file a paper tax return, the IRS Form (8839) and documentation of the adoption. If you are adopting a special needs child, you must include the state’s determination of special needs.

There are no provisions for ANY Adoption Tax Credit after December 31st, 2012. This of course could change but it will require legislation.

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As a former GAL attorney, I can attest without reservation that the GAL volunteer makes a significant and positive impact on the child they represent. There are not many volunteer opportunities that afford this opportunity. The GAL Program will be even more important and necessary if Governor Scott’s dramatic cuts to the Department of Children and Families are passed.

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Over the past few years, I have shared many articles on my FB feed about the dangers of fetal alcohol syndrome (FASD) and I am hopeful that these dangers are becoming a part of the discourse of proper pre-natal care given the increasing coverage of this issue in our national media.

This Canadian lecture breaks down the actual costs of FASD on individuals, families and society in general.
The costs are quite alarming, let alone the emotional and financial drain of caring for individuals with disabilites. This is a preventable disability-let’s prevent it!

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Dawn Davenport has a great page on her site with good information about this subject.

Adoption Tax Credit appeared first on Gainesville Florida Adoption Attorney | Law Offices of Mary K. Wimsett | Ocala Jacksonville FL Lawyer.