Tag: Family Law

Child Custody and Tax Implications After Divorce

Child Custody and Tax Implications After Divorce?

So, what happens if you have children, are divorced, and share custody of the kids regarding your taxes?  When discussing dependents, the custody that matters is actual physical custody, counted on a night by night basis.  The parent who has custody for more than 1/2 of the year (more than 183 days) can claim the child as a dependent, child care expenses, earned income tax credit and, if eligible, can claim “Head of Household” status.

Child Custody and Tax Implications After Divorce
Child Custody and Tax Implications After Divorce

However, the custodial parent can transfer the child tax exemption to the non-custodial parent by providing him/her with a signed copy of IRS Form 8332.  Sometimes a parent may be ordered in the decree so sign the form, other times whether to “give” the other parent the right to claim the child(ren) is a matter of the custodial parent’s discretion.  This depends greatly on the parties stipulation or by order of the Court.

Child Custody and Tax Implications After Divorce?

If the custodial parent is ordered in your decree to allow you to claim the child(ren) and to sign Form 8332, but fails or refuses to sign, your recourse would be an order to show cause through the  court.  The IRS will not enforce the parties agreements for you.  But even if the exemption is transferred, the custodial parent still is the one that can qualify for head of household, the Earned Income Credit, and the child care credit.

ALIMONY AND TAXES

The party who pays alimony is allowed to claim the payments as deductions on federal tax forms. The party receiving alimony is required to claim it as income on federal tax forms.

Additional questions can be found at the IRS.Gov website.  For more information or to set a up a free consultation with one of our lawyers please contact us today.

Child Custody and Tax Implications After Divorce?

contested Divorce in Utah

4 Tips For Coping With Utah Divorce

When you decide to get a divorce everything runs through your mind. All of the things you have done right in your marriage seem to turn from once happy and content memories to  becoming distant memories tainted with sadness. Maybe you went to premarital counseling before making your decision to marry and even attempted a few sessions of marital counseling before making your decision to divorce. There will be a mix of emotions. The good the bad and then the counseling. You have legal counsel, mental health counselors, the neighbor across the street who thinks she is the counselor and sometimes random strangers who also think that their opinion is at a premium price and the end all be all. The long and the short of it is that only you know your family and the behavior of your soon to be former spouse. Sometimes the opinion of others whether close or admired from afar need to be tabled until you can really determine if it is best for your individual situation. An American Fork Divorce Attorney can help guide you with some good plans for families like yours. There are many options and your Ogden Divorce Attorney can help you explore those options. Divorce utah right to know

When you get divorced, unlike any other time in your life, you are fighting to be uncommitted and untied from your former relationship. You can literally walk away from a job or a friend but you can’t just pack up and leave your once loved life, home and this is especially true when children are involved. When you are at the beginning of a marriage you can do everything humanly possible to prepare for the future, even premarital counseling.  People change, environments change, jobs change, educations change and normal life happens. Salt lake city divorce

Here are a few tips to help you cope with the feelings of doing all the right things and finding yourself going through a divorce:

  • Get rid of “The Perfect or Easy” Divorce: People can look in on a marriage and think that its perfect and others will try to convince you on how simple it is to resolve the problems in a marriage and others how fast a divorce can be with the right attorney. The fact is that perfect kids, perfect homes, perfect kitchens, nice cars, money, love and fidelity are not always what they seem to be. The same is true with divorce. Even in the most “perfect” of marriages there are stressing factors. Marriage is focused work and sometimes that work is difficult, taxing and out rightly frustrating. The difference is the commitment to the marriage and a continued desire for a joint life with your spouse. When that level of commitment changes and divorce is necessary remember that each divorce, like each marriage and family, is unique and very individual. That one person that you found out of the entire human race to join you will become a difficult thorn in your side for a short period of time until your legal issues and a formalized plan for the second chapter of your joint life together is started and finalized. It might not be the chapter you intended during your premarital counseling but do remember it is important to review, take your time and make sure the plans and documents are long term solutions which are viable for both parties. Divorce lawyer in utah
  • Look Objectively:Sometimes taking the emotions out of an experience can result in a successful decision. A simple exercise of taking the names out of the scenario and looking at it as if it was an absolute stranger could really help you look at the demands objectively and with a little more merit and less emotion. A clean look at things and a commitment to yourself to hold off for 24 hours before agreeing to any major decisions can help alleviate a lot of heartache in the long run. Objectively thinking can save you a lot of time and money when you can avoid having to write and re-write documents many times.
  • Have A Set of Personal Goals:Some of the best distractions to current circumstances are new goals. Something to look forward to. These need to be unrelated to the divorce, your children or changing everything about you. They could be related to health, fitness, talents, hobbies, education or other classes. Start with baby steps and with things that are realistic. Many successful people will use the S.M.A.R.T. method. Specific Measurable Attainable, Realistic and Time bound. Smart goals will result in success and better future goals. So pick up that pen and set a few just for you. Family attorneys in utah
  • Steer Clear of Romanticism:One of the first things that excites and scares people is the idea of dating again. For a lot of people it is a very scary thought to think about dating after many years of being with the same person. For others it is exciting and very tempting. During your divorce a lot of emotions are not realistic or valid. Sometimes you feel empowered with the new found independence. The decision to begin being romantically intertwined in relationships with other may hinder the ability you have to make good logical decisions. Often times it can cause distress in the proceedings for the other spouse resulting in lengthy litigation and costly addendums. Making new friends and joining social groups is a surefire way to re-introduce yourself to living single.  In some cases it can make your divorce more difficult when others become involved in the life and decisions you are still making. Since most relationships out of a new divorce do not result in marriages that last it is wise to not allow the new love interest to interject their wishes or feelings into your divorce. A better approach would be to join activity groups, support groups and do charity work. With time you can begin dating. There is no rush. Take your time and enjoy being on your own for a while before settling back in.  As nice as it is to rediscover who you are and what you are all about in a relationship it is best to proceed with caution. Your American Fork Divorce Lawyer can help you decide if starting relationships is the right move during your divorce. Ask your Ogden Divorce Lawyer during your consultation. Utah divorce lawyer

Divorce is difficult no matter how your marriage was planned, executed or lived. Sometimes the only thing you can do is get through today and plan for tomorrow with the best resources you have. With these simple yet attainable steps you can cope a little better along this bumpy journey.

A Child Guide To Utah Divorce

A Child Guide To Utah Divorce

A Child Guide To Divorce

Ogden Divorce Lawyer Series

After you have made the decision to divorce you may find it tough to really understand yourself what is about to happen to you and your family. It can be difficult to explain to your children and your family. Here is a small guide that may help you understand a loving and appropriate way to talk to your children about your divorce. As always, the best use and wisdom may be sought through counseling. Keep these things in mind when talking with your children. Child custody laws in utah

Children who are under the age of 18 months are not exempt from feeling sadness, anxiety, frustration or anger. Children of this age have limited language skills however they do have the ability to sense the environment around them and their caregivers. Often babies and young toddlers may regress or have developmental delays. They may become intolerable or extra clingy. Emotional outbursts are not uncommon. Due to the language difficulties and how young they are the best thing you can do is provide as much consistency and calmness as possible. The more predictable your behavior is the better the child will respond.   Routines are key at this age. Make sure security items are available. Adequate sleep for both the parents and the children will also ease tensions. Nutrition is very important as well as routine eating. The more consistent you and your child are the easier the transition will be into the new family structure. Custody lawyers in utah

When the child is a toddler it is important to understand the primary social bond is with both of the child’s parents. Anything from illness, death, divorce or even moving can disrupt their little world. It can make things very difficult to understand or accept. Children of this age think that the world revolves around them. It really does! From the time there little feet hit the floor, the parents are chasing them from one end of the day to the other. This is the age group where children believe that they are the reason for the breakup of the family. The tantrums may increase and they may want a lot more attention that you can provide or feel necessary. Some children will begin to regress back to earlier developmental stages such as wetting themselves after potty training, thumb sucking and sleep arrangements that are demanding.  During this transition it is hopeful that the parents can work together. Developing routines and predictable environments will help the child know what to expect. Quality time and finding extracurricular activities will help the child to have an outlet. Reassurance that the child is not responsible for the breakup is important. To approach that subject, seek the advice of a knowledgeable counselor. Discussing the child’s feelings is important if the child is ready and emotionally capable. Divorce lawyer in utahFamily attorneys in utah

If your child is a preschooler be prepared for a power struggle. These little fire crackers do not like change. They do not care if the change is for the better, they just want everything to always be the same. Children of this age often feel out of control because they can’t change the outcome. As with toddlers they also feel responsible for their parent’s divorce or separation. They have a really hard time understanding the future a lack the control. They hold feelings inside and have sad unpleasant thoughts that are often brought out in nightmares. Utah child custody laws

Being open and positive can help the child appropriate their feelings. The better the parents are the more the children will mimic positive moods and attitudes. Some books are available to help children understand. All children need to feel safe and that their relationship with both parents will continue normally. Once a visitation schedule is set make sure it’s consistent and routines are still established and followed. Utah divorce lawyers

The school age kids have a more difficult time understanding the concept of divorce. Sometimes children of this age feel as if they are the ones being divorced. A lot of children in this age group believe if they are model children their parents will get back together and will often worry about the other parent dying or being ill. Some Children in this group think that they can fix the marriage and make it work.

In a lot of cases children will identify one parent over the other as the responsible parent for the divorce. They will be mean and express in different areas of rebellion. Sometimes they might fight, become anxious, withdrawn, depressed or even just plain angry. Physical symptoms may manifest such as stomachaches, headaches and will make up excuses to stay home from school, church or family events. Divorce utah right to know

In order to rebuild these little adults you have to restore their feelings of loss and rejection. They really are grieving the loss of their family. It’s important to rebuild their sense of security and reaffirm their safety. This is accomplished by each parent having one on one time with the child and encouraging real conversations about their feelings. It’s very important the child understand that blaming the opposite parent for the divorce is never appropriate and that no one is abandoning the child. Children like routines, structure and predictability. The more consistent and open things are the better off the child will respond. At this age self-esteem through team sports, friendships, school and events are all very important things. Encourage the child to participate. Salt lake city divorce

If your child is withdrawing it’s important to seek counseling.

Your Ogden Divorce Lawyer or American Fork Divorce Lawyer may be able to recommend a therapist for you. Ask your Ogden Divorce Attorney or American Fork Divorce Attorney Today.

Can I Appeal?

Generally

Simply put an appeal is a review by a higher court of a lower court’s or agency’s final, sentence, judgment or decree.  In most cases an appeal is not a new trial, and no new evidence will be accepted. The only information the appellate court will consider on appeal is: 1) the written or recorded transcript of the hearing or trial, 2) any items offered as evidence at the hearing or trial, 3) the documents in the court or agency file or 4) the written briefs filed in the appeal.

The exception to the above rule is when you want to appeal the sentence you just received at justice court for a criminal or traffic offense.

An appeal of a justice court sentence goes to the district court, and results in a trial or hearing de novo. De novo means the matter is tried all over again, that you receive a new trial. This is different from other appeal procedures, in which the appellate court does not hear evidence. It is important to note you only have 30 days to file “A Notice of Appeal”  with the justice court after the judge made his/her sentence against you.  If you do not file within that small window of time, you have waived your right to an appeal of the judges sentence.  The procedures for a justice court appeal in a criminal matter are more fully layed out in Utah Rule of Criminal Procedure 38 and Utah Code Section 78A-7-118

An interesting concept about Justice Court Criminal appeals is that the Judge in the District Court can not increase a sentence above what was ordered at the Justice Level.  This is to not sway people from filing criminal appeals in Justice Court.