That question is one of many that divorcing and separate couples tend to have around this time of year with April 15th approaching.
If we are not divorced yet, should we file jointly? How should we pay any taxes owed or split any refund received?
Who gets to claim the children? The person who has more physical custody or the person who pays child support?
Who gets to claim the interest deductions for the house? The person who lives in the house or the person who pays the mortgage?
Do I have to pay taxes on child support I receive?
Do I have to pay taxes on alimony I receive?
Do I have to pay taxes on money paid to me for property division?
Can I deduct any of my attorney fees.
These are important issues that can have a financial impact. They are questions that do not necessarily have one answer. Getting with an attorney and certified public accountant in advance of your tax filing deadlines can help you do good planning.
Tuesday, March 4, 2014
Tuesday, February 18, 2014
GALs for children in custody cases
Guardians Ad Litem (GALs) can be an important resource for helping a Court determine a custody arrangement that serves the best interest of the child. A GAL can be appointed by the Court on its own or upon motion that is made by one of the parent's or parent's attorney. GALs can be appointed for infants, young children, teenagers.
It is important if a GAL is appointed in a case that you understand the scope of what the GAL intends to do. In the past, GALs had the time, resources, and ability to do extensive factfinding, multiple visits with children and parents and third parties, school visits, etc. Now, with the number of custody cases increasing, the extensive scope of GAL representation has had to change. There are some cases where the mental health of a parent or the health of a child is an issue; there are some cases where educational challenges faced by a child need to be considered; some cases involve parents who live in different states; and there are many other scenarios that could present issues in a case. A Court may perceive a GAL's role in case to be focused on a specific issue.
Try to understand why the Court appointed the GAL; know what you want the GAL to consider for facts and share the facts or sources of facts for the GAL. Understand whether the GAL may or may not do a home visit, whether the GAL may or may not speak with the third parties. Not every case warrants the same level of fact finding; therefore, you need to understand why the GAL may or may not do something that you think is important as the parent of the child.
Remember, the GAL is there to represent the best interest of the child. The GAL is not there to take sides of one parent or another.
It is important if a GAL is appointed in a case that you understand the scope of what the GAL intends to do. In the past, GALs had the time, resources, and ability to do extensive factfinding, multiple visits with children and parents and third parties, school visits, etc. Now, with the number of custody cases increasing, the extensive scope of GAL representation has had to change. There are some cases where the mental health of a parent or the health of a child is an issue; there are some cases where educational challenges faced by a child need to be considered; some cases involve parents who live in different states; and there are many other scenarios that could present issues in a case. A Court may perceive a GAL's role in case to be focused on a specific issue.
Try to understand why the Court appointed the GAL; know what you want the GAL to consider for facts and share the facts or sources of facts for the GAL. Understand whether the GAL may or may not do a home visit, whether the GAL may or may not speak with the third parties. Not every case warrants the same level of fact finding; therefore, you need to understand why the GAL may or may not do something that you think is important as the parent of the child.
Remember, the GAL is there to represent the best interest of the child. The GAL is not there to take sides of one parent or another.
Monday, February 17, 2014
Household Budget in a Divorce
Whether you are seeking support or whether you may be a potential payor of support, it is important for you to understand your household expenses. During your marriage, the paying of bills and the managing of finances may have fallen to one person or another. Now, it is up to you to be sure you know how much is your mortgage or rent, utilities, groceries, insurance, gas, etc. There are various forms available on the internet to prepare a budget sheet (or what we refer to as an income and expense statement). We provide our clients with a form recognized in central Virginia courts. Some people are good with Quicken reports. Whatever your mechanism, your attorney needs this information to help piece together a spouse's need or a spouse's ability to pay.
Friday, February 14, 2014
Monday, February 10, 2014
US Department of Justice and same sex couples' rights
Chances are that you have seen the news. We wanted to be sure, in case you haven't, that you are aware of the initiatives going on at the federal law as they may impact family law matters in Virginia.
http://www.cnn.com/2014/02/08/politics/holder-same-sex-marriage-rights/index.html?iref=allsearch
http://www.cnn.com/2014/02/08/politics/holder-same-sex-marriage-rights/index.html?iref=allsearch
Thursday, January 23, 2014
Wednesday, January 22, 2014
Premarital assets
People are getting married at an older age these days. As a result, some spouses come in to a marriage with savings, with retirement, with a house. If and/or how these assets are used during the marriage, are kept separate, are used but can be traced out, or are mixed in (commingled) can make a difference in how they are treated during a separation/divorce/equitable distribution. It is important for your attorney to know information about such assets that either you or spouse have owned. Documents showing what existed at the date of marriage can be vital to help your lawyer have a picture of what may be subject to distribution.
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