Do Divorce and Taxes Belong in the Same Sentence?
Now that tax season has passed, everyone is expressing a sigh of relief. But for divorce attorneys and bankruptcy lawyers and the like the thought of taxes still sits firmly in their heads. Perhaps you aren't accustomed to hearing divorce and tax season in the same sentence, or bankruptcy lawyer and taxes in the same paragraph. As a Boise Attorney I actually hear those phrases togther a lot.
Taxes, Divorce and Bankruptcy; Where to Find Them
As a Boise Divorce Attorney taxes are frequent topic of conversation in my office. Part of a property settlement can and will revolve around taxes and the IRS. Who, for example, will receive the tax return for the year proceeding the divorce? Who will be able to claim the children as tax deductions? Who will be responsible for back taxes? As a Boise Bankruptcy Lawyer taxes are discussed primarily in terms of back taxes and non-dischargeable debt.
So who gets the tax deduction after divorce? Who get's the tax return? Who has to pay back taxes? Generally speaking, these are negotiable. Tax exemptions aren't necessarily tied to primary custody. You may have a situation where the parties share the deduction. They either alternate years or each takes the exemption for half of the children. The tax return may be split or may be used as a property settlement equalization. Likewise, the parties may split the back taxes or they may used to offset a debt or property allocation.
What Happens to Taxes in Bankruptcy?
Sadly, taxes in bankruptcy aren't negotiable! Back taxes must be paid. Taxes are a non dischargeable item in bankruptcy. What that means is that while some debts can be gotten rid of completely when you file Chapter 7 Bankruptcy, taxes are not one of them. Taxes are often a major albatross around the debtor's neck.
If you need to file for divorce or bankruptcy, we are here to help you will questions like these. Give us a call, 208-472-2383, and see what we can do for you.
Friday, April 18, 2014
Tuesday, March 11, 2014
Boise Divorce Attorney - Family Law Lawyers in Idaho
Decisions Decisions - Who Decides; Judge, Divorce Attorney or Parties?
As a Boise Divorce Attorney I am often involved in divorce cases where the parties simply cannot come to an agreement regarding the split of their property or as to the custody of their children. Why would a family law lawyer expect there to be an agreement and what do you do when there isn't?Agreement by the Parties With the Help of Their Attorneys or Mediators or Why Family Law Lawyers Would Expect Agreement
Agreement is a very important tool to the smooth resolution to a divorce and custody case. Basically, when the parties agree they get what they want. When people get what they want, they are happy. It is basic psychology. When the parties agree, they are able to communicate to their divorce attorneys the terms of the divorce and custody which they are happy with. The attorneys then present the matter for judicial approval and order.
If the parties are having difficulty agreeing. A a judge will simply order mediation or the divorce attorney or the judge might suggest for the parties to smooth things out with the help of their divorce attorneys. In the first scenario, the parties present their respective sides to a mediator who helps them work through their issues, negotiate and compromise to come to a mutually acceptable agreement. In the second case, the judge may suggest that the parties step out in the hall before the case goes to trial and work things out or the attorneys will suggest a settlement conference. Either way, the parties decide.
What Happens When the Parties, by Their Own Consent or With the Help of Their Divorce Attorneys or Mediators, Can't Agree?
When the parties to an action don't agree, the judge does. What this means is you may not be very happy with the outcome. Your family law lawyer will present to the judge the reasons, for example, that you should keep the house, have primary physical custody and the like, but if the judge, after seeing the other side's argument, doesn't agree with you, the judge will decide who gets the house or who gets custody or what that custody order will look like.
Now, it is possible that you have a very strong case and you are able to get exactly what you want, at least on some issues. However, by way of example, if you both want the house the judge will often act according to the Wisdom of Solomon; split the baby in half. Not literally, of course, but the judge may very well order that the house be sold and the proceeds or the debt be split equally. Who wants a debt without anything to show for the effort?
So now you can see the importance of agreement in a divorce and custody case. If you are seeking a divorce or custody and are looking for a Boise Divorce Attorney or Idaho Family Law Lawyer, give us a call, 208-472-2383 and see what we can do for you. You can also visit us at our Divorce website or our main Boise Divorce Attorney website by clicking on the highlighted links.
Thursday, January 16, 2014
Divorce and Child Support Issues in Idaho - Boise Divorce Lawyers - 208-472-2383
Child Support in Idaho
Child Support is a hot button topic in Idaho. As a Boise Divorce Attorney I deal daily with child support; everything from calculating, offsetting, modifying to equalizing. People are often confused about the function of child support. I often hear from people that they are tired of paying the ex-spouse all their money or that they hardly have any time with their child so they don't think they need to pay so much support. This is a misconception of the value and the function of child support.
Even worse than the above two examples is when someone tries to get more time with their child, not because they truly desire to maintain contact with them but so that they can equalize the support and perhaps not have to pay anything.
Child Support Pursuant to Divorce
Child Support is calculated during a divorce, often as a part of temporary orders, based upon the income of the respective parents. If one or both parents is unemployed the court will not figure them at zero income. The court will impute an amount. This is generally based upon one's historic income or, if there is no history of income, on minimum wage.
Child Support can be modified if there is a substantial and material change of circumstance which would warrant a change. Simply quitting your job or taking a lower paying job, however, will not qualify.
Modifying the Divorce Decree
I often get calls from people seeking to reduce their child support payments. They often want to modify their divorce decree to give them more time with the child. Their thinking is that the equalization of time would mean they won't have to pay anything. The courts do not look kindly on this attitude. The court can and will modify the original decree when it is shown that there is a warranted change in circumstances. The court will even equalize or change child support but only for good reason.
Child Support is not a punishment. It is meant to provide your share of support for your child. The thing that people fail to understand is that usually the custodial parent spends much much more money on the child than what child support covers. If you seek to equalize support by increasing your visitation, you will soon find out that you spend more on your child when the child is with you. My best advice as an experienced divorce lawyer is spend your time and effort making the time you have with your child the best possible experience for them. If you have a substantial change, go ahead and modify your divorce decree, but never seek the court's assistance out of spite or hard feelings toward your child's other parent.
If you are seeking a divorce or a child support modification and need to speak with a Boise Attorney, please give us a call, 208-472-2383, and see what we can do for you.
Child Support is a hot button topic in Idaho. As a Boise Divorce Attorney I deal daily with child support; everything from calculating, offsetting, modifying to equalizing. People are often confused about the function of child support. I often hear from people that they are tired of paying the ex-spouse all their money or that they hardly have any time with their child so they don't think they need to pay so much support. This is a misconception of the value and the function of child support.
Even worse than the above two examples is when someone tries to get more time with their child, not because they truly desire to maintain contact with them but so that they can equalize the support and perhaps not have to pay anything.
Child Support Pursuant to Divorce
Child Support is calculated during a divorce, often as a part of temporary orders, based upon the income of the respective parents. If one or both parents is unemployed the court will not figure them at zero income. The court will impute an amount. This is generally based upon one's historic income or, if there is no history of income, on minimum wage.
Child Support can be modified if there is a substantial and material change of circumstance which would warrant a change. Simply quitting your job or taking a lower paying job, however, will not qualify.
Modifying the Divorce Decree
I often get calls from people seeking to reduce their child support payments. They often want to modify their divorce decree to give them more time with the child. Their thinking is that the equalization of time would mean they won't have to pay anything. The courts do not look kindly on this attitude. The court can and will modify the original decree when it is shown that there is a warranted change in circumstances. The court will even equalize or change child support but only for good reason.
Child Support is not a punishment. It is meant to provide your share of support for your child. The thing that people fail to understand is that usually the custodial parent spends much much more money on the child than what child support covers. If you seek to equalize support by increasing your visitation, you will soon find out that you spend more on your child when the child is with you. My best advice as an experienced divorce lawyer is spend your time and effort making the time you have with your child the best possible experience for them. If you have a substantial change, go ahead and modify your divorce decree, but never seek the court's assistance out of spite or hard feelings toward your child's other parent.
If you are seeking a divorce or a child support modification and need to speak with a Boise Attorney, please give us a call, 208-472-2383, and see what we can do for you.
Tuesday, December 10, 2013
Holiday DUI - Boise Criminal Attorneys - 208-472-2383
Holiday DUI
It's that time of year again when Boise Criminal Lawyers see an increase in DUI charges. Part
of the increase has to do with the all the parties and holiday cheer. Another
portion has to do with the increase in police presence and DUI patrols.
Still yet some has to do with depression surrounding the holiday when
people are more likely to be emotionally down about the sadnesses in their
lives such as divorce, family or job loss and the like.
The best advice anyone can give about
Holiday DUI is to play it safe. The message is not new: Don't drink
and drive. People often go out with the best intentions. They plan
on a designated driver, or not drinking too much. They may even plan to
take a taxi home rather than risk a DUI. Unfortunately, the best laid
plans may fall through. Perhaps you don't realize how much you have had
to drink. Perhaps you are more depressed about your relationship and the impending
divorce than you think. Whatever it is, inevitably someone fails to
follow through with their plans and that's when the unfortunate happens.
A DUI, like any criminal charge, will ruin your holidays.
DUI Patrols and Probable Cause
People often ask me if increased DUI
patrols and checks constitute entrapment or a violation of their civil rights.
The short of it is most likely not. If you are drinking and driving
you are committing a crime if your blood alcohol level is over the legal limit.
You are placing yourself at risk and others in your vehicle and on the
road. The increased patrol is an awareness that this time of year brings
more drinking and partying.
Of course, the police still must follow
the rules of probable cause before they pull you over. If, however, they
fail to follow the proper laws to stop or arrest you, you have good grounds to
suppress any evidence they collect from their stop. Often the suppression
of evidence is the best way to beat a DUI. While it may be difficult to
remember everything from your DUI stop, usually because you have been drinking,
if you can, you can provide your criminal attorney with valuable evidence to
aid your defense.
What to do After You Are Charged with DUI
What do you do when you are charged with a
DUI? It is critically important to get a Boise DUI Attorney immediately.
There are some very important time constraints. When you are
charged or convicted of a DUI there are two potential license suspensions.
The first suspension comes from the Department of Transportation.
You must act very quickly to challenge this suspension. Although
the likelihood of not having you license suspended for a DUI by the DOT is
slim, it is worth a shot. The second license suspension comes after you
plead guilty or are found guilty of a DUI.
People often think that they can handle
their own DUI case. The problem with this is unless you are trained in
the law and you know and have personal experience with he prosecuting attorneys
you re risking the same result as a do-it-yourself plummer. You will get
leaks and often leaks that come back to haunt you.
I hope you all have a very happy holiday
season. I also hope that you play it safe and don't get a DUI. If
you do, however, give us a call, 208-472-2383, and see what we can do for you.
We are here for you and we can answer your questions. Give us a
call today.
Friday, November 29, 2013
Boise Divorce Attorney 208-472-2383 Idaho Family Law Lawyers
Property Division in Divorce
As a Boise Divorce Attorney I hear from a lot of people who wonder how and why property is divided in divorce. The general answer to this is that property pursuant to divorce is split according to Idaho community property laws. If you are unfamiliar with the law this seems like a rhetorical answer and in fact, it really doesn't tell you much even if you have some understanding of the law.
Who Get's How Much in Divorce?
In today's discussion I am not going to focus too much on community property and what that entails. For a more in depth discussion of that concept please visit www.lawboiseid.com. What I want to discuss is the practical division of property in divorce. I generally tell my clients that a judge will begin with the premise of a 50-50 split. That figure is based upon community property concepts. What happens after that division depends upon a lot of factors such as the concept of unequal but equitable division. Basically, that's the concept that fair doesn't mean equal. Your Boise Divorce Lawyer puts together the evidence you have in your case to help show the judge, or the other side if you are in negotiation, how 50-50 isn't necessarily fair. It is in this fashion that you may end up with an unequal split. On the other hand, it may be the case that the judge sticks with the fairness concept of a 50-50 division.
Factors to Consider in Division of Property Pursuant to Divorce
While there is no general factor or set of factors that says that one activity leads to a reduction in assets taken pursuant to divorce there are general trends that can lead to an unequal division. For example, if one party has contributed more to the community, prevented the other party from contributing to the community or by the nature of your relationship one party has had a greater economical contribution while the other party has taken care of the children, are all factors to consider and which can play out differently depending upon the facts of the case. The concept that I am trying to convey is that even though the split of property pursuant to divorce in Idaho is based upon community property, each case has its individual set of facts and circumstances which can effect the outcome of the case.
If you have found yourself in need of a Boise Divorce Attorney, please give us a call and see what we can do for you, 208-472-2383. You will be glad you did.
As a Boise Divorce Attorney I hear from a lot of people who wonder how and why property is divided in divorce. The general answer to this is that property pursuant to divorce is split according to Idaho community property laws. If you are unfamiliar with the law this seems like a rhetorical answer and in fact, it really doesn't tell you much even if you have some understanding of the law.
Who Get's How Much in Divorce?
In today's discussion I am not going to focus too much on community property and what that entails. For a more in depth discussion of that concept please visit www.lawboiseid.com. What I want to discuss is the practical division of property in divorce. I generally tell my clients that a judge will begin with the premise of a 50-50 split. That figure is based upon community property concepts. What happens after that division depends upon a lot of factors such as the concept of unequal but equitable division. Basically, that's the concept that fair doesn't mean equal. Your Boise Divorce Lawyer puts together the evidence you have in your case to help show the judge, or the other side if you are in negotiation, how 50-50 isn't necessarily fair. It is in this fashion that you may end up with an unequal split. On the other hand, it may be the case that the judge sticks with the fairness concept of a 50-50 division.
Factors to Consider in Division of Property Pursuant to Divorce
While there is no general factor or set of factors that says that one activity leads to a reduction in assets taken pursuant to divorce there are general trends that can lead to an unequal division. For example, if one party has contributed more to the community, prevented the other party from contributing to the community or by the nature of your relationship one party has had a greater economical contribution while the other party has taken care of the children, are all factors to consider and which can play out differently depending upon the facts of the case. The concept that I am trying to convey is that even though the split of property pursuant to divorce in Idaho is based upon community property, each case has its individual set of facts and circumstances which can effect the outcome of the case.
If you have found yourself in need of a Boise Divorce Attorney, please give us a call and see what we can do for you, 208-472-2383. You will be glad you did.
Monday, November 18, 2013
Holiday Visitation Schedule
It's that time of year again when I like to discuss holiday visitation. As a Boise Divorce Attorney I spend a lot of time with my divorce clients reminding them to consult with their divorce decrees and custody arrangements so they know who has the kids this holiday season. Inevitably, however, there are always glitches.
What the Divorce Decree Says
When I talk about glitches I mean anything from miscommunication to flat out disregard for the original custody order in the divorce decree. No one should be in the dark about who has a child for Thanksgiving or Christmas vacation. The parties either agreed to dates in mediation or the judge ordered who would have what visitation. Miscommunimcation happens when the parties think they have agreed to something other than what is in the decree. The best way to prevent this is to keep any agreed upon changes in writing. It can be very frustrating for someone to make plans and have those fall through because of confusion.
Far worse than miscommunication is flat out disobeying your court order. The scenario is obvious; You are supposed to have the kids for Thanksgiving. Your ex fails to meet for the exchange and instead takes the kids with them for their own Thanksgiving visitation and your ex denies you of your court ordered time. What can you do about it? A lot of the depends upon when the vacation is supposed to start. Even on emergency orders it is very difficult and rare to get into the court a day or two before Thanksgiving or Christmas. Usually, this is dealt with after the fact with contempt motions and orders. While that does nothing for your immediate plans, the courts do not look kindly on contempt.
Visitation Before Divorce
A different situation occurs when your divorce has not yet been finalized. Your divorce attorney will have moved for temporary orders and in those orders there will be information as to who has the children for what holidays. Often the difference in temporary orders and a final order fall under taking the child out of the jurisdiction pending the divorce. You may have Christmas vacation visitation, but you may not take your kids out of state without written approval by the other parent. This differs from visitation after divorce. Generally, after divorce, within your visitation time you can take the kids with you out of state without the other party's approval as long as they are returned on time.
Whatever your holiday visitation schedule is, it is always best to follow what has been ordered by the court unless you get any change in writing and signed by both parties. You can limit the involvement of the court and your Boise Divorce Attorney by doing this and thereby limit your out of pocket expenses. Just a reminder;: Double Check your holiday visitation schedule before you make plans and if you want to do something different talk to the other parent about any changes you would like to see.
If you are seeking a divorce or need to speak with a Boise Family Law Lawyer, give us a call, 208-472-2383 and see what we can do for you. You will be glad you did.
It's that time of year again when I like to discuss holiday visitation. As a Boise Divorce Attorney I spend a lot of time with my divorce clients reminding them to consult with their divorce decrees and custody arrangements so they know who has the kids this holiday season. Inevitably, however, there are always glitches.
What the Divorce Decree Says
When I talk about glitches I mean anything from miscommunication to flat out disregard for the original custody order in the divorce decree. No one should be in the dark about who has a child for Thanksgiving or Christmas vacation. The parties either agreed to dates in mediation or the judge ordered who would have what visitation. Miscommunimcation happens when the parties think they have agreed to something other than what is in the decree. The best way to prevent this is to keep any agreed upon changes in writing. It can be very frustrating for someone to make plans and have those fall through because of confusion.
Far worse than miscommunication is flat out disobeying your court order. The scenario is obvious; You are supposed to have the kids for Thanksgiving. Your ex fails to meet for the exchange and instead takes the kids with them for their own Thanksgiving visitation and your ex denies you of your court ordered time. What can you do about it? A lot of the depends upon when the vacation is supposed to start. Even on emergency orders it is very difficult and rare to get into the court a day or two before Thanksgiving or Christmas. Usually, this is dealt with after the fact with contempt motions and orders. While that does nothing for your immediate plans, the courts do not look kindly on contempt.
Visitation Before Divorce
A different situation occurs when your divorce has not yet been finalized. Your divorce attorney will have moved for temporary orders and in those orders there will be information as to who has the children for what holidays. Often the difference in temporary orders and a final order fall under taking the child out of the jurisdiction pending the divorce. You may have Christmas vacation visitation, but you may not take your kids out of state without written approval by the other parent. This differs from visitation after divorce. Generally, after divorce, within your visitation time you can take the kids with you out of state without the other party's approval as long as they are returned on time.
Whatever your holiday visitation schedule is, it is always best to follow what has been ordered by the court unless you get any change in writing and signed by both parties. You can limit the involvement of the court and your Boise Divorce Attorney by doing this and thereby limit your out of pocket expenses. Just a reminder;: Double Check your holiday visitation schedule before you make plans and if you want to do something different talk to the other parent about any changes you would like to see.
If you are seeking a divorce or need to speak with a Boise Family Law Lawyer, give us a call, 208-472-2383 and see what we can do for you. You will be glad you did.
Saturday, November 9, 2013
Boise Divorce Attorney - 208-472-2383 - The Connection Between Family Law and Criminal Law
Divorce Law and Criminal Law - Unlikely Bed Fellows
As a Boise Divorce Attorney I am often in both the divorce court and the criminal court. To some people family law and criminal law seem like unlikely bed fellows. Unfortunately, they can and often are connected.
There are two main times in a family law case that criminal law a domestic law come into contact with one another. The first connection is through contempt and the other is through domestic battery. There are other situations that will bring the two together, but these two are the most common.
Contempt of Court in the Divorce Context and Criminal Charges
First, let's talk about contempt. Contempt of Court occurs when someone intentionally disobeys a court order. In the divorce or family law context that can happen when one party is ordered to something and they don't. Common examples are failure to pay child support, failure to pay medical bills, failure to make a solid effort to refinance a community home. Contempt can carry criminal charges with it. If your ex-spouse fails to perform in a way the court has ordered your divorce attorney will file a motion for contempt. Ultimately, it is up to the judge, but that motion can ask for criminal sanctions such as a fine or jail time. Generally, however, the motion is filed and the filing of the motion is enough to get the other side to pony up the money they owe or to do what they were ordered to. Sometimes, however, they simply can't pay the money that was owed, could not refinance the house or were not given the proper notice for their obligation to kick in. These are justifying circumstances which the judge will consider in deciding what to do.
Domestic Battery as a Criminal Charge in Divorce
Another situation where criminal law and divorce law meet are in the case of domestic battery. While battery is a criminal charge if the battery occurs within a domestic relationship it is handled in the family law court. That does not mean, however, that it does not carry criminal sanctions. It does and they are very serious sanctions. If a domestic battery is found to have occurred, the perpetrator will be ordered to stay away from the victim and if they don't they can be arrested and sanctions will be brought against them.
If you have found yourself in a situation where you need a divorce attorney, a criminal lawyer or both, give us a call, 208-472-2383 and see what we can do for you - You will be glad you did.
As a Boise Divorce Attorney I am often in both the divorce court and the criminal court. To some people family law and criminal law seem like unlikely bed fellows. Unfortunately, they can and often are connected.
There are two main times in a family law case that criminal law a domestic law come into contact with one another. The first connection is through contempt and the other is through domestic battery. There are other situations that will bring the two together, but these two are the most common.
Contempt of Court in the Divorce Context and Criminal Charges
First, let's talk about contempt. Contempt of Court occurs when someone intentionally disobeys a court order. In the divorce or family law context that can happen when one party is ordered to something and they don't. Common examples are failure to pay child support, failure to pay medical bills, failure to make a solid effort to refinance a community home. Contempt can carry criminal charges with it. If your ex-spouse fails to perform in a way the court has ordered your divorce attorney will file a motion for contempt. Ultimately, it is up to the judge, but that motion can ask for criminal sanctions such as a fine or jail time. Generally, however, the motion is filed and the filing of the motion is enough to get the other side to pony up the money they owe or to do what they were ordered to. Sometimes, however, they simply can't pay the money that was owed, could not refinance the house or were not given the proper notice for their obligation to kick in. These are justifying circumstances which the judge will consider in deciding what to do.
Domestic Battery as a Criminal Charge in Divorce
Another situation where criminal law and divorce law meet are in the case of domestic battery. While battery is a criminal charge if the battery occurs within a domestic relationship it is handled in the family law court. That does not mean, however, that it does not carry criminal sanctions. It does and they are very serious sanctions. If a domestic battery is found to have occurred, the perpetrator will be ordered to stay away from the victim and if they don't they can be arrested and sanctions will be brought against them.
If you have found yourself in a situation where you need a divorce attorney, a criminal lawyer or both, give us a call, 208-472-2383 and see what we can do for you - You will be glad you did.
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