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Tax
Tax Return
The first step in any divorce is finding someone to guide you though the process. The right guide will be able to answer your questions, explain the divorce process, and prepare you for what is likely to come. You may want to consider making an accounting of the family finances prior to obtaining advice so...
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1Cloth Masks
The CARES Act provides recovery rebates or economic impact payments for qualified individuals of up to $1,200 ($2,400 in the case of a joint return) and up to $500 for each qualifying child. If you have already filed a 2019 tax return, the IRS will use 2019 to calculate the payment amount and issue the...
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KEITH V. KEITH Family court dissolved the marriage of Husband and Wife with three children after a DRC recommendation and evidentiary hearing. Each party filed exceptions to the DRC report, the Court sustained one and overruled the rest. Wife raised several issues on appeal. First, Wife argues that the DRC improperly adopted the findings and...
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Tax Return
HILLARD V. KEATING Mother and Father had significant post-decree litigation regarding child support, tax exemptions, and uncovered medical expenses which ultimately resulted in a ruling that modified the allocation of dependent-child tax exemptions allowing Father to claim two children. Mother appealed arguing that the Family Court erred in modifying the tax exemptions without making specific...
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Tax Return
Smyrichinsky v. Smyrichinsky When Ky is exercising UIFSA jurisdiction, it lacks authority to alter the duration of child support directed by another state. As to modification of the dependent income tax exemption, Ky has authority to modify who is entitled to the exemption  if it is part of a support order and not a property...
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BRAUSCH V. BRAUSCH 2007-CA-002198 PUBLISHED: AFFIRMING PANEL: THOMPSON PRESIDING; VANMETER, HENRY CONCUR COUNTY: KENTON DATE RENDERED: 9/12/2008 Dad appealed from TC’s order awarding child support (“CS”) to Mom, arguing that TC miscalculated CS owed; TC erroneously refused to abate CS during his summer parenting time; and TC should have included the earned income tax credit...
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From Charlie Abut at New Jersey Family Law: The wife was not eligible for the benefits of “Innocent Spouse” treatment under Internal Revenue Code Section 6015. Thus, the tax penalties, interest and liabilities in question were not solely attributable to the husband. The wife was deemed to have had actual knowledge of the understatements of...
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The IRS revised its Request for Innocent Spouse Relief Form 8857 this year, online here. Charlie Abut at New Jersey Family Law offers the good suggestion that the detailed form be used as a basis for a client interview when tax problems rear their ugly head in divorce.
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You can read Hinson v. Commissioner, US Tax Court Summary Opinion 2007-92 (June 7, 2007) here. The code is quite clear that to be taxable income/tax deductible, alimony (maintenance) must terminate on the dearth of the payee.
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