I live in NYS and was married on 8/7/15. I have no children
Hi - I live in NYS and was married on 8/7/15. I have no children but my husband has (2), aged 18 and 15. His 18 year old son started a SUNY 2 year school in upstate NY this year, which includes room & board. My husband told me all along that when the kids went to school, his child support would stop while they were boarding. His ex wife informed him that he waived that right in their divorce agreement. He now confirms this is true. Right now, the son's tuition is not that bad because it'JA: Because family law varies from place to place, can you tell me what state this is in?Customer: its a state community college, however, in 2 years, his daughter will start college and his son will be finishing off his last 2 years at a 4-year school. We own a house together. I need to know what I can do to protect my money from being dragged into this and protect my house from any liens should he be unable to make a child support payment.JA: Has anything been filed or reported?Customer: Like what? This is our first year filing a joint tax return.JA: Anything else you want the lawyer to know before I connect you?Customer: I guess that's a start
Attorney At Law
Doctor of Law w/ highest honors
My son is 16 years old and going into 11th grade. I divorced
My son is 16 years old and going into 11th grade. I divorced my ex-husband 7 years ago and I am remarried now. My son has lived with me since my divorced and I've been receiving child support, but now he wants to live with his dad. I know legally the court system goes off my income and now my husband's income, but I am concerned, because I own a business with my husband and my husband works a full time job. In the business my husband and I own we are partners and each receive K1 from the company we own. My husband and I both received a K1 2013 for around $6000 (together $12,000), and my 2nd year 2014 K1 about $8300 (together $16600) and finally last year 2015 K1 around $8300 (together $16600). We take the K1 and add it to our joint tax return along with my husband's full time employment to create our yearly taxes. After we deduct my business mileage with the company we have a yearly loss. So here is my question:Does my husband's income with the business or his full time job have anything to do with the amount of child support I will be ordered to pay by the courts when my husband takes me back to court to stop his child support and get an order for me to pay? If I lose money every year (because it takes a few years to get a profitable business) will the court impose a minium income on me or should I just use my K1 as my income. When I calulated overnight visits with my personal K1 and my ex's net income it shows he will actually owe me child support. But I entered the $8300 as net (even though I write off my mileage) and he would still owe me child support.
I have a question relative to my marriage and the process of
Hello I have a question relative to my marriage and the process of annulment.JA: Because family law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Have you talked to a lawyer yet?Customer: NoJA: Anything else you think the lawyer should know?Customer: I married my wife on November 21st 2014 in Hemet, ca. We had been together over 3 years. Last year at this time we got into an argument and she served me with annulment papers. I ignored them and basically threw them awayJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and then connect you two.
In my divorce stipulation my ex was able to claim one of my
In my divorce stipulation my ex was able to claim one of my children on his tax returns but he passed away 4/15 and his new wife filed her taxes claiming my child as a dependent she said as per My divorce stipulation. Is she able to claim my child in the name of my ex-husband? It makes no sense to me because child-support was only paid the first four months of the year and I supported her by myself the rest of the year and secondly my ex does not receive any benefit of this to duction the benefit is only going to his new wife who is not mentioned in my divorce papers whatsoever. When I asked the online lawyer the other day he said that the new wife has no rights to anything in the divorce papers but when I spoke to the guardian at Leitem that's representing the children in my exes will that's in court right now he said he was in positive because he is not a divorce lawyer but he did leave that she might have the right to claim my child as a dependent because she filed a joint tax return with my ex-husband. So how can I finally find out is she entitled to claim her or not?
Good evening,I am presently involved in a divorce proceeding
Good evening,I am presently involved in a divorce proceeding which has been a prolonged case spanning a number of years out of the Somerset County Family Division Superior Court. At this time, though the defendant has been utilizing any delaying tactic he possibly can, I am hopeful that a court mandated settlement is pending. My concern is that a number of other issues that may influence the settlement have arisen, and my present council has indicated that he is not specialized in those areas and is unable to provide any legal advice.Specifically:1. For the duration of my marriage, my husband filed our taxes as a joint tax return and did so without my involvement. For the past five years, he has failed to file any returns at all, but informed me that I had no reason to file my own taxes as I had no income (except a negligible $200 during one year). I took his advice until this year, where I learned that this is probably inappropriate and I should have been filing to try and minimize my liabilities and be in compliance with tax law. I have filed my 2015 taxes, but do not know if it would be better for me to file the preceding four years as well.* Should I file my taxes immediately for all tax years for which there is no tax return yet filed. In what way is this influenced by his failure to file taxes, by my own delay in filing due to his instructions, and how will this influence the divorce settlement in the eyes of the court?2. I learned a few days ago that the government has placed a tax lien against the house while running a title search. I am not knowledgeable enough to truly understand the implications of this lien, but I believe it would mean that my husband's situation with the government is much more severe than he has indicated up until now. What is my liability for back-taxes both those due to his failure to file, and due to whatever the cause of this lien is. (I expect they are directly related if not the same, but as I have been completely secluded from all of his finances, and as I do not have any knowledge in this area, I can only assume.) He did sign a document indemnifying me from all tax liabilities, but I do not know if this is recognized by the IRS/State, and if he does not have the finances to indemnify me, does it make the agreement a moot point?* How do I successfully protect myself from tax liabilities that I had no role in, was not aware of, and should not be held accountable for. Are my best choices to immediately file my own taxes, pursue relief under the innocent spouse rules, the separation of tax liability, and/or equitable relief if the other avenues are not available.3. At the point that I am filing my own taxes, is it better, with the pending divorce settlement, for me to claim my children as my dependents (which is to my honest belief accurate) whereas I will gain the maximum tax benefit for myself. This may enable me to obtain an Earned Income Credit, though I need to research this further. Even if it does not, it will minimize any tax liability I have. However, if my husband were to claim them (which is mostly likely not appropriate but would need further research) it would decrease his liabilities more than mine and offer a greater financial advantage. However, I will not see any benefit from his decrease in tax liability except through the secondary influence it has on the divorce settlement and related financial agreements.* I believe it is my best interests to focus solely on my own welfare irrespective of the possible mutual benefits as he has demonstrated numerous times that he will take any action possible to minimize his obligations to his children and myself. Unless I can trust the court to mandate a fair settlement accounting for the tax liabilities, and then also trust that his payments under the settlement can be enforced, I see no gain to letting him claim the children.4. At the same time as the tax issues, I received notice that the house is going into foreclosure when I found a notice taped to the front door about a Sheriff's Sale. As the mortgage is in my husband's name only, and all paperwork goes to his residence, and they will not talk to me when I call pertaining to the mortgage, I had no way of being aware of this situation. I have managed to request a delay in the Sheriff's Sale of 2 weeks, with the possibility of a second 2 week postponement, but I need to make decisions rapidly. With the house being a marital asset, and my name having been added to the title for $1 more recently, I am concerned that I will be held equally liable even though I have no legal ability to do anything with the mortgage. The future settlement agreement does stipulate that he will maintain the house until our youngest child turns 18, but it has not been put into place yet and so no agreement exists.* To what extent will I be held liable for the mortgage? What actions can I do to minimize any liability that may exist.
I have been living with a woman as partners, (Romantic),
I have been living with a woman as partners, (Romantic), for a year. I have known her for 23 years. Her husband died and she called me. We ended up together and she asked me to move in with her . That meant relocating to Aurora from South East Colorado. I Did and we have been living as husband and wife for a year. I had a ruff winter financially and am getting my business going again. She hates that I don't have a 9 to 5 job, really I work more like 8 to 10pm, and has decided I don't work for her now and told me to leave by Friday the 4th. Do I have any legal rights here? Can she just decide it's over and kick me out. I need time to find a place, pack, all my stuff is incorporated with hers in the house. I also run my business out of the house.She owns the property
I have 50/50 physical and legal custody... I have 50/50
I have 50/50 physical and legal custody...I have 50/50 physical and legal custody of my son an got divorced February 2015 in PA (married 4.5 years). I want to understand PA state laws for child support and would like some basic calculations to figure out how much I will have to pay if it comes to that.Can you help answer a few differentsituations to give me an idea of what I am looking at.1. If I make $70,000 before taxes come out a year and my x makes $30,000 before taxes come out a year. How much or about how much will I have to pay a month in child support?2. Same question but If I make $60,000 and x makes $30,000. How much for child support?3. Same question but If I make $50,000 and x makes $30,000. How much for Child support?I am trying to get an idea of what to expect?
I believe that my soon-to-be-ex hand set up our home
I believe that my soon-to-be-ex hand set up our home mortgage in something (which can you please tell me what it would be called) to get a REMIC (and what exactly is that) and he has an EIN number that was on a income tax statement form from our Mortgageinterest on the house. 2nd if he did set up a kind of home mortgage trust acct with our home mortgage should I the wife get anything out of it...because he is divorcing me (and he did not tell me that he did it...I found some related paper work that gave menumbers & clues) Me and my little disabled daughter thank you from the bottom of our hearts for any info to help us in understanding this