Volume I - Issue No. 1 - Spring 1998
Introductory Issue

Welcome to the introductory issue of Legal Tidbits. This publication is provided as a service of the Law Offices of Linnea E. Thompson, Attorney at Law. Our goal is to publish a newsletter each calendar quarter. Each issue will focus on legal issues which we hope will be of interest to you. If you would like more information about a newsletter item, please call me. If you would like additional copies of a newsletter to share with a friend, please contact the office. We hope that you enjoy receiving Legal Tidbits.

Support Orders

Any new court orders which provide for child or spousal support, must include a provision requiring the payor of support to report in writing to the payee and to the Clerk of the Court within 10 days each time the payor obtains new employment, and each time the payor’s employment is terminated for any reason. In the case of new employment, the report must include the name and address of the new employer. Failure to report new employment or the termination of current employment, if coupled with nonpayment of support for a period of more than 60 days will be deemed indirect criminal contempt.

The court order must also include a provision requiring each parent to advise the other of achange in residence within 5 days of the change unless the Court finds that the physical, mental or emotional health of the party or the minor child would be seriously endangered by disclosure of the address.

Real Estate Gain Excludable

An individual who sells his or her “principal residence” after May 6, 1997, may exclude up to $250,000 ($500,000 if married) of gain realized on the sale. If you are selling real estate, you will be asked to provide “an acceptable written assurance” that includes the following:

· The sale of the residence occured after May 6, 1997.

· The full sales price of the residence is $250,000 or less is the seller is single, or $500,000 or less if the seller was married when the contract was signed and continues to be married.

· The residence was your “principal residence”. (Whether or not property is a principal residence may depend upon all the facts and circumstances of each case.)

· The individual must have owned and occupied the residence for an aggregate of at least 2 of the 5 years before the sale of the residence.

· That neither spouse has sold or exchanged a residence within the last 2 years.

Food for Thought:

For lawyers, is there ever such a thing as a brief case?

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