Most people have heard of a prenuptial or premarital agreement. This is a contract signed by the husband and wife prior to marriage which sets forth their rights in the marriage, and in most cases, in the event of a separation or divorce. A prenuptial agreement outlines how property will be divided and may address spousal support. Oregon law recognizes and favors prenuptial agreements, and has enacted a set of statutes specifically dealing with the creation and enforcement of prenuptial agreements.
After two individuals marry, it is no longer possible to enter into a prenuptial agreement. Instead, spouses have the option of entering into a similar type of agreement, the postnuptial agreement. As the name indicates, this agreement is a contract between spouses, regarding their specific rights in the marriage and any divorce, entered into after the parties are married. These agreements, like prenuptial agreements, often attempt to set forth the property rights of the parties as well as define support rights. However, unlike prenuptial agreements there is not a specific statutory scheme sanctioning and defining postnuptial agreements. This important distinction was pointed out by the Court of Appeals in the recent case, Grossman and Grossman.
In Grossman, the Court of Appeals held that postnuptial agreements do not fall into the specific statutory rules regarding prenuptial agreements. Further, postnuptial agreements should be scrutinized for fairness even more so than prenuptial agreements due to the expectations in the relationship between husbands and wives. This is a higher burden than that placed on couples who are considering marriage when entering into a prenuptial agreement. Ultimately, the courts can refuse to follow the postnuptial agreement of the parties if the court deems it to be unjust or unfair. In so deciding, the Court of Appeals has not said that postnuptial agreements are unenforceable, but has raised the bar, making a postnuptial agreement more difficult to enforce.
Thursday, March 31, 2011
The Value of Thank You Substance vs. Form
On a basic level it is appropriate to acknowledge and show appreciation for kindnesses which are extended to you. How one expresses thanks is secondary. The more meaningful aspect is to convey gratitude in a way that makes it all about the giver.
Appreciation should be communicated in a timely manner. Whether one makes a call, sends an email or jots a note is immaterial. The message is key. Be sure that your comments acknowledge the giver’s thoughtfulness and efforts. Tell him or her how much the gift or gesture means to you. The end product of all this is to maximize the contentment of the giver and, by doing so, to fortify the relationship between the parties.
Giving is so much more about relationships than it is about gifts or gestures. For those who wish to cultivate strong relationships, substance is always more important than style.
Remember a thank you in any form is always best. Its value goes far beyond the exchange which prompts it. Mark Twain once said, “Kindness is the language which the deaf can hear and the blind can see.” Such a treasure must always be acknowledged.
Appreciation should be communicated in a timely manner. Whether one makes a call, sends an email or jots a note is immaterial. The message is key. Be sure that your comments acknowledge the giver’s thoughtfulness and efforts. Tell him or her how much the gift or gesture means to you. The end product of all this is to maximize the contentment of the giver and, by doing so, to fortify the relationship between the parties.
Giving is so much more about relationships than it is about gifts or gestures. For those who wish to cultivate strong relationships, substance is always more important than style.
Remember a thank you in any form is always best. Its value goes far beyond the exchange which prompts it. Mark Twain once said, “Kindness is the language which the deaf can hear and the blind can see.” Such a treasure must always be acknowledged.
Monday, March 28, 2011
Find Success in Summer Work
While landing a first job may involve a bit of luck for your child, keeping it involves more than mere good fortune. Every summer many young people learn what else is involved in surviving that first week in the real world of employment.
An orientation session in which your child is introduced to the company, the building and employee policies will most likely kickoff their first day. Your child will be required to complete federal and state tax forms and to furnish appropriate identification materials. Afterward, it’s time to settle into the assigned work area and get started.
Urge your child to make a good first impression by dressing properly and arriving promptly and equipped with the right tools for the job. Coach your child on the importance of a positive attitude and team building skills. There is no better introduction to fellow workers than an offer to pitch in and help whenever possible. Stress the importance of following through on assignments and taking pride in accomplishments. Coax him or her to embrace challenge, accept responsibility and resist using unearned perks or privileges.
With proper parental guidance and support your child will optimize his or her chances for a successful work experience, which will serve as a great reference builder for your child’s future. Samuel Goldwyn once said, “The harder I work, the luckier I get.” Ideally your child will feel very lucky by summer’s end.
An orientation session in which your child is introduced to the company, the building and employee policies will most likely kickoff their first day. Your child will be required to complete federal and state tax forms and to furnish appropriate identification materials. Afterward, it’s time to settle into the assigned work area and get started.
Urge your child to make a good first impression by dressing properly and arriving promptly and equipped with the right tools for the job. Coach your child on the importance of a positive attitude and team building skills. There is no better introduction to fellow workers than an offer to pitch in and help whenever possible. Stress the importance of following through on assignments and taking pride in accomplishments. Coax him or her to embrace challenge, accept responsibility and resist using unearned perks or privileges.
With proper parental guidance and support your child will optimize his or her chances for a successful work experience, which will serve as a great reference builder for your child’s future. Samuel Goldwyn once said, “The harder I work, the luckier I get.” Ideally your child will feel very lucky by summer’s end.
Utilizing a Parenting Time Coordinator
A new trend for high conflict families is starting in Oregon: the parenting-time coordinator (PTC). A PTC is appointed by the court to help parents resolve disputes over parenting time and other general children’s issues following a divorce. The PTC is usually a social worker or therapist specializing in family relations. This person may serve many functions: mediator, counselor, and advisor. In most cases the PTC has the ability to make recommendations to the court in the event the parties are unable to reach an agreement. These recommendations are often given substantial weight by the court. Oregon Law prevents the parties from depriving the court’s ultimate authority in deciding issues related to children. Thus, the PTC does not have authority to make final decisions. Nonetheless, broad powers can be given to the PTC. Often the PTC reviews communications between the parties, settles parenting time disputes, designs parent “training” programs, and offers insight to parenting and communication between the parties. A PTC may need to “read the riot act” to a parent who is behaving inappropriately and may later testify or submit a written recommendation to the court.
The heart of the PTC’s job is to facilitate the parents’ ability to reach good decisions regarding their children. Many parents can do this without the need for a parenting-time coordinator; however, in some high conflict families the PTC may prove invaluable. Of course, there can be downsides to using a PTC. Most notably is cost; each time the PTC is utilized, a fee is charged. It may also create a dynamic whereby the parties do not learn to communicate with each other without involving the PTC. Also, the PTC may not be able to resolve all of the issues and litigation may still ensue. While a PTC may not be appropriate for most cases, a PTC can be extremely helpful in high conflict cases to ensure the best outcome for children.
The heart of the PTC’s job is to facilitate the parents’ ability to reach good decisions regarding their children. Many parents can do this without the need for a parenting-time coordinator; however, in some high conflict families the PTC may prove invaluable. Of course, there can be downsides to using a PTC. Most notably is cost; each time the PTC is utilized, a fee is charged. It may also create a dynamic whereby the parties do not learn to communicate with each other without involving the PTC. Also, the PTC may not be able to resolve all of the issues and litigation may still ensue. While a PTC may not be appropriate for most cases, a PTC can be extremely helpful in high conflict cases to ensure the best outcome for children.
Thursday, March 24, 2011
Five Tips for Saving Time
As the weather gets warmer, it seems as if schedules get busier. From softball games to corporate picnics and family vacations, our days become so filled with activities that the lazy days of summer pass us by. So try these quick and easy time saving tips to better enjoy the months ahead.
1.) Get a head start. Write down your daily goals the night before for stress-free mornings.
2.) Keep up with daily correspondence. Don’t get caught in a backlog of e-mails. Schedule 15 minutes everyday to monitor your in-box. Use advanced functions such as filters and flags to organize your incoming messages.
3.) Put things away. Although it sounds simple to put things in their place when you are done using them, author James Gleick writes that on any given day “Americans spend 16 minutes looking for things they ́ve lost.” That’s 90 hours per year!
4.) Safeguard your peak performance time. Yes, it’s true some of us are morning people while others can burn the midnight oil! “Identify this peak time and protect it for your highest priorities.”
5.) Remember personal time isn’t free. Although it may sound simple, by calling our personal time “free,” we make it available to outside people and projects. Remember to use personal time for individual needs.
1.) Get a head start. Write down your daily goals the night before for stress-free mornings.
2.) Keep up with daily correspondence. Don’t get caught in a backlog of e-mails. Schedule 15 minutes everyday to monitor your in-box. Use advanced functions such as filters and flags to organize your incoming messages.
3.) Put things away. Although it sounds simple to put things in their place when you are done using them, author James Gleick writes that on any given day “Americans spend 16 minutes looking for things they ́ve lost.” That’s 90 hours per year!
4.) Safeguard your peak performance time. Yes, it’s true some of us are morning people while others can burn the midnight oil! “Identify this peak time and protect it for your highest priorities.”
5.) Remember personal time isn’t free. Although it may sound simple, by calling our personal time “free,” we make it available to outside people and projects. Remember to use personal time for individual needs.
Step Parent Visitation After Divorce
By Craig Wymetalek
Blended families are common today as new spouses often bring one or more children into a marriage, merging two families. Sometimes, the new step-parent becomes the “mother” or the “father” figure for a child, or may be the only mother or father the child has ever known. What happens to these relationships after a divorce? Does the divorce mean a severance of the relationship between a child and step-parent as well?
The Court of Appeals addressed this issue last year in a case called Van Driesche. In this case, the stepfather sought visitation with the mother’s child, age 4. Stepfather had been the only father the child had known and mother had encouraged a parent- child relationship. The trial court awarded stepfather parenting time citing the “child- parent relationship” between step-father and the child. The Court of Appeals reversed the trial court’s decision and denied the stepfather visitation, citing the mother’s right under the U.S. Constitution to make decisions regarding the associations of her child absent evidence that the child would be harmed. At trial, the stepfather failed to provide evidence, other than his opinion, that the child would be harmed if visitation was not allowed. Without evidence of harm and in light of evidence showing that the mother and the stepfather at times had a violent relationship, the Court of Appeals found that visitation by the stepfather was not in the best interest of the child.
This does not mean that no step-parent will ever be awarded visitation. Upon showing that the step-parent and child have a “parent-child relationship” and that the child would be subject to a serious risk of harm (emotional or otherwise) if the relationship was not continued, the Court may order appropriate visitation to the step- parent. If you are in this situation, you should discuss the specific facts of your case in detail with your attorney.
Blended families are common today as new spouses often bring one or more children into a marriage, merging two families. Sometimes, the new step-parent becomes the “mother” or the “father” figure for a child, or may be the only mother or father the child has ever known. What happens to these relationships after a divorce? Does the divorce mean a severance of the relationship between a child and step-parent as well?
The Court of Appeals addressed this issue last year in a case called Van Driesche. In this case, the stepfather sought visitation with the mother’s child, age 4. Stepfather had been the only father the child had known and mother had encouraged a parent- child relationship. The trial court awarded stepfather parenting time citing the “child- parent relationship” between step-father and the child. The Court of Appeals reversed the trial court’s decision and denied the stepfather visitation, citing the mother’s right under the U.S. Constitution to make decisions regarding the associations of her child absent evidence that the child would be harmed. At trial, the stepfather failed to provide evidence, other than his opinion, that the child would be harmed if visitation was not allowed. Without evidence of harm and in light of evidence showing that the mother and the stepfather at times had a violent relationship, the Court of Appeals found that visitation by the stepfather was not in the best interest of the child.
This does not mean that no step-parent will ever be awarded visitation. Upon showing that the step-parent and child have a “parent-child relationship” and that the child would be subject to a serious risk of harm (emotional or otherwise) if the relationship was not continued, the Court may order appropriate visitation to the step- parent. If you are in this situation, you should discuss the specific facts of your case in detail with your attorney.
Deducting Your Divorce Fees
As April 15th fast approaches, it is important to remember that certain attorney fees are deductible on your tax return. This can result in a substantial savings to you.
Although the general rule is that the fees paid to attorneys, accountants, appraisers, and other experts in connection with divorce, child custody, and paternity matters are not tax deductible, there are instances where professional fees are deductible.
For example, since ordinary and necessary expenses paid or incurred for collection of income during the taxable year may be deductible, you may be able to deduct fees incurred in obtaining spousal support, or in collecting delinquent spousal support. Accountants’, appraisers’, actuary, or vocational counselors’ fees are tax deductible to the extent their work involves obtaining spousal support. Fees and costs in connection with spousal support modification proceedings are also tax deductible.
Certain business expenses that are ordinary and necessary in the conduct of business are also deductible. Although divorce-related attorneys’ fees are not considered a deductible business expense, in certain instances, attorneys’ fees incurred in connection with a divorce may be deductible as miscellaneous itemized deductions on your individual tax return. There are limits on the deductions, however, and they are also subject to the alternative minimum tax.
Ask your accountant about deductions that you may be entitled to. It could make for a happier April 15th than you anticipate!
Although the general rule is that the fees paid to attorneys, accountants, appraisers, and other experts in connection with divorce, child custody, and paternity matters are not tax deductible, there are instances where professional fees are deductible.
For example, since ordinary and necessary expenses paid or incurred for collection of income during the taxable year may be deductible, you may be able to deduct fees incurred in obtaining spousal support, or in collecting delinquent spousal support. Accountants’, appraisers’, actuary, or vocational counselors’ fees are tax deductible to the extent their work involves obtaining spousal support. Fees and costs in connection with spousal support modification proceedings are also tax deductible.
Certain business expenses that are ordinary and necessary in the conduct of business are also deductible. Although divorce-related attorneys’ fees are not considered a deductible business expense, in certain instances, attorneys’ fees incurred in connection with a divorce may be deductible as miscellaneous itemized deductions on your individual tax return. There are limits on the deductions, however, and they are also subject to the alternative minimum tax.
Ask your accountant about deductions that you may be entitled to. It could make for a happier April 15th than you anticipate!
Monday, March 21, 2011
Do Support Payments End with Retirement?
The retirement of a person paying does not automatically end the payment of support. However, depending on the financial circumstances of the parties, a Court may stop or reduce support based upon the good-faith retirement of the paying party. One big question as to whether support should be modified is whether the ability to pay support by the paying party, or the needs of the receiving party, has changed following retirement. If by retiring, the paying party’s income significantly decreases, a reduction or possibly stopping support is appropriate. If the party receiving support is also eligible to receive benefits, the Court will examine whether those benefits replace the need for support. However, in order to be eligible to modify support, the retiring party must retire in “good faith”. The purpose of the retirement cannot be to avoid the support obligation.
A Court may examine the circumstances of the retirement, including age, whether the retirement was voluntary or involuntary, work histories, and the financial resources at the time of retirement. For example, a Court would probably find that the retirement of a 63-year-old vice-president of marketing was in good-faith, but would more carefully scrutinize the retirement of a 44-year-old computer programmer. A retirement must make sense under the circumstances and not be for the primary purpose of avoiding payment of support.
Still, the most important part of this analysis is how does the retirement affect both parties financially. If retirement does not create a significant change in the ability of the paying party to pay or there is no showing of a change in needs for the receiving party, the paying party may have to pay support out of the retirement benefits received. If you are in this situation (or your ex-spouse is) or will be in the near future, you should discuss the impact of the retirement or planned retirement with your attorney.
A Court may examine the circumstances of the retirement, including age, whether the retirement was voluntary or involuntary, work histories, and the financial resources at the time of retirement. For example, a Court would probably find that the retirement of a 63-year-old vice-president of marketing was in good-faith, but would more carefully scrutinize the retirement of a 44-year-old computer programmer. A retirement must make sense under the circumstances and not be for the primary purpose of avoiding payment of support.
Still, the most important part of this analysis is how does the retirement affect both parties financially. If retirement does not create a significant change in the ability of the paying party to pay or there is no showing of a change in needs for the receiving party, the paying party may have to pay support out of the retirement benefits received. If you are in this situation (or your ex-spouse is) or will be in the near future, you should discuss the impact of the retirement or planned retirement with your attorney.
Thursday, March 17, 2011
Ticket to a Hassle-Free Spring Break
With school break approaching, many families are making travel plans. Many parents are surprised to learn that seasoned divorced parents add their divorce decree or a travel authorization to their packing checklist. While not considered essential travel documents to most, these papers are becoming as important as tickets and passports for international travel.
Some airlines require forms of authorization before allowing one parent to take a child out of the country. This precautionary measure is designed to aid in the fight against child abductions and may be enforced regardless as to whether the parents are married, separated, or divorced.
As you pack, tuck in a copy of your divorce decree and parenting plan. If you are traveling abroad, have the non- traveling parent sign a notarized statement giving permission to take the child abroad. The statement should also include the names, ages, and birthdays of all traveling children as well as the dates and destinations of travel. Third, call the airline or travel agent to ask what other forms of documentation might be required.
The most important thing to remember is to have fun once you arrive. Following these tips can help ensure that you actually get to your destination; it’s up to you what to do when you get there!
Some airlines require forms of authorization before allowing one parent to take a child out of the country. This precautionary measure is designed to aid in the fight against child abductions and may be enforced regardless as to whether the parents are married, separated, or divorced.
As you pack, tuck in a copy of your divorce decree and parenting plan. If you are traveling abroad, have the non- traveling parent sign a notarized statement giving permission to take the child abroad. The statement should also include the names, ages, and birthdays of all traveling children as well as the dates and destinations of travel. Third, call the airline or travel agent to ask what other forms of documentation might be required.
The most important thing to remember is to have fun once you arrive. Following these tips can help ensure that you actually get to your destination; it’s up to you what to do when you get there!
Monday, March 14, 2011
Who Pays For College?
Divorcing parents often ask who pays for college following a divorce. In Oregon, the answer is that both parents can be responsible for helping contribute to the post-high school educational expenses for a child between the ages of 18 and 21. These expenses can include tuition, books, room and board, insurance, travel and other basic expenses. There are loose rules regarding how those expenses are divided between the parents, and the rules may differ from county to county and judge to judge and have been a subject of enthusiastic discussion over the past few weeks.
A recent Court of Appeals case, Cain v. Gilbert, discussed some of the criteria a court should consider. First, what are the reasonable expenses for a child attending school? Courts often look to the average expenses for a state school such as University of Oregon or Oregon State University to determine what is reasonable. The court also looks at whether one parent contributes in a non-financial way (such as having the child live with him or her during school). Secondly, the Court looks to the available resources of the parents as well as the needs of the other children. Third, the Court looks to other available resources such as scholarships, college funds, student loans, and whether the child can work while attending school. Courts often begin with the Oregon Child Support Guidelines as a basis and then add certain expenses to come up with a total support obligation. This obligation is then divided between the parents in some manner which the Court determines to be fair. Keep in mind that support might be paid directly to the child and can be owed by both parents. The child also has certain responsibilities by which her or she must abide to continue receiving support, including staying enrolled at least half-time and maintaining at least a “C” average.
Planning to provide for your children’s post-high school education is difficult enough—a divorce can complicate things further. It is important to talk to your attorney about various plans to provide reasonable support for your child who is in college or about to enter college. After all, this is an investment in your children.
A recent Court of Appeals case, Cain v. Gilbert, discussed some of the criteria a court should consider. First, what are the reasonable expenses for a child attending school? Courts often look to the average expenses for a state school such as University of Oregon or Oregon State University to determine what is reasonable. The court also looks at whether one parent contributes in a non-financial way (such as having the child live with him or her during school). Secondly, the Court looks to the available resources of the parents as well as the needs of the other children. Third, the Court looks to other available resources such as scholarships, college funds, student loans, and whether the child can work while attending school. Courts often begin with the Oregon Child Support Guidelines as a basis and then add certain expenses to come up with a total support obligation. This obligation is then divided between the parents in some manner which the Court determines to be fair. Keep in mind that support might be paid directly to the child and can be owed by both parents. The child also has certain responsibilities by which her or she must abide to continue receiving support, including staying enrolled at least half-time and maintaining at least a “C” average.
Planning to provide for your children’s post-high school education is difficult enough—a divorce can complicate things further. It is important to talk to your attorney about various plans to provide reasonable support for your child who is in college or about to enter college. After all, this is an investment in your children.
Thursday, March 10, 2011
The Selfish Little Secret
Imagine it: you wake before six a.m. to start your day, prepare your family and yourself for work and school, arrive, work a long shift and return home to continue family duties and eventually nod off to sleep, only to wake the next day and repeat. With a few variations, this cycle becomes the common American life. The problem with this schedule is that it does not allow any personal time to rejuvenate from life’s stress. After enough time, anyone can burn out physically, mentally or socially.
Yoga is an excellent solution to avoiding personal burn out. Increased flexibility and circulation barely begin to describe the list of physiological health benefits of practicing yoga. It is known to improve one’s posture, reduce pain and increase endurance and strength.
Yoga provides something else greatly needed by those on the path to burnout: time to focus on the self. The most surprising part to a new yoga enthusiast might be how happy he or she is just to spend an hour focused solely on “me.” It allows time for releasing stress and truly relaxing the body and soothing the mind.
The breadth of variation between instructors and styles only increases its ability to be an effective life enhancer for many people across the globe, regardless of overall flexibility, body type or age. It is never too early or too late to add yoga to your life. Try it—you might discover it becomes your selfish little secret!
Yoga is an excellent solution to avoiding personal burn out. Increased flexibility and circulation barely begin to describe the list of physiological health benefits of practicing yoga. It is known to improve one’s posture, reduce pain and increase endurance and strength.
Yoga provides something else greatly needed by those on the path to burnout: time to focus on the self. The most surprising part to a new yoga enthusiast might be how happy he or she is just to spend an hour focused solely on “me.” It allows time for releasing stress and truly relaxing the body and soothing the mind.
The breadth of variation between instructors and styles only increases its ability to be an effective life enhancer for many people across the globe, regardless of overall flexibility, body type or age. It is never too early or too late to add yoga to your life. Try it—you might discover it becomes your selfish little secret!
Making Your Deal Stick
You and your spouse have independently reached an agreement as to how to settle your divorce case or your parenting time/custody issue. You are both in agreement, at least for the moment, but you have concerns that your spouse may change his or her mind and back out of the deal. What can you do? There are two statutory provisions that can provide assistance, but you must meet certain requirements in order to obtain assistance from the Court. Oregon Revised Statutes 107.104 and 107.135(13) provide mechanisms that allow the Court to enforce agreements between the parties as if they were Court orders, using both contract and contempt remedies. However, in order to use these provisions, which pertain to both original divorce actions and modifications, the agreement must be in one of three forms: (1) a form of order signed by the parties (but not yet signed by the Court); (2) a settlement on the record (an oral agreement before a judge); or (3) a marital settlement agreement signed by the parties (a written contract signed reflecting the agreement). In at least one Court of Appeals case, a contract between the parties was enforced even though it was not reduced to a single written agreement, but it was clear that the parties had reached an agreement. It is not necessary that all of the details are worked out as long as the essential terms are clearly defined.
If an agreement is reached, the parties should attempt to get the agreement reduced to a signed written agreement or recite the agreement on the Court record to ensure that it is enforceable. It should be noted that if these steps are not taken, the other party is free to back out of the agreement, although doing so may result in an award of attorney fees later on. Protect yourself. Get your agreements in writing or put them on the record.
If an agreement is reached, the parties should attempt to get the agreement reduced to a signed written agreement or recite the agreement on the Court record to ensure that it is enforceable. It should be noted that if these steps are not taken, the other party is free to back out of the agreement, although doing so may result in an award of attorney fees later on. Protect yourself. Get your agreements in writing or put them on the record.
Tuesday, March 8, 2011
Oregon Business Magazine Selects Stahancyk, Kent & Hook as One of the Top 100 Best Companies to Work for in Oregon
Stahancyk, Kent & Hook is proud to be included on Oregon Business Magazine's 2011 list of the 100 Best Companies to Work For in Oregon. The 100 Best Companies are chosen by employee surveys and a benefits report from each company in the running. With nearly 14,000 employees participating this year, this selection is a testament to Stahancyk, Kent & Hook's employees and their dedication to excellence.
Monday, March 7, 2011
A New Philosophy for a New Year
There are more people out walking and running during early January than at any other time of the year. They are usually the ones who resolved to get in shape. Then the holidays end and they get back into old routines. Work starts back up, students go back to school and there are fewer and fewer people out exercising. The resolutions stop dead in their tracks.
New resolutions often don’t fit into our old lives. If, for example, you resolve to walk a mile a day, but the rest of your free time is spent eating junk food in front of the television, your resolve to walk each day would quickly fade. Even if you were to keep that resolution, it would mean very little. The benefits of daily exercise would be lost in a sea of sloth.
What you need are not isolated resolutions, but changes in personal philosophies that give you a new way of seeing yourself. Resolve not to walk each day, but to live a healthier lifestyle.
For your resolution, come up with a broad goal. Maybe you want to be a healthier person, a better worker or parent. Examine what you do in a typical day to see what helps you toward your goal and what stands in your way and then work on removing obstacles. For example, try replacing an hour of television with an hour of exercise; go to sleep earlier so you can wake up earlier and be at work rested and on time; take a trip with family instead of friends.
Change the focus of your life, not just one part of your day. Don’t let old habits keep you from achieving your new resolutions.
New resolutions often don’t fit into our old lives. If, for example, you resolve to walk a mile a day, but the rest of your free time is spent eating junk food in front of the television, your resolve to walk each day would quickly fade. Even if you were to keep that resolution, it would mean very little. The benefits of daily exercise would be lost in a sea of sloth.
What you need are not isolated resolutions, but changes in personal philosophies that give you a new way of seeing yourself. Resolve not to walk each day, but to live a healthier lifestyle.
For your resolution, come up with a broad goal. Maybe you want to be a healthier person, a better worker or parent. Examine what you do in a typical day to see what helps you toward your goal and what stands in your way and then work on removing obstacles. For example, try replacing an hour of television with an hour of exercise; go to sleep earlier so you can wake up earlier and be at work rested and on time; take a trip with family instead of friends.
Change the focus of your life, not just one part of your day. Don’t let old habits keep you from achieving your new resolutions.
Thursday, March 3, 2011
Keep More Tax Dollars in Your Pocket
As tax season approaches, parties going through a divorce should pay particular attention to the practical side of divorce and taxes. There are a number of tax related issues that should be considered in a divorce. Who will claim the children as exemptions? How will any future or past joint tax liability be divided? If a refund is coming, how will it be shared? Should stock options be exercised immediately or held? Who will pay the property tax on the family home? Is there any tax penalty for cashing out an IRA to pay the equalizing judgment? Would using non-taxable spousal support be helpful? There are a number of questions that need to be addressed regarding taxes. Each situation differs and you should discuss these issues with both your attorney and a CPA. A CPA can even help you run different tax scenarios to help determine the possible outcomes of different settlement options. Use your attorney and a CPA in concert to make sure that your tax concerns are met. A deal that looks good on paper may not be so appealing when the tax implications are examined, while on the other hand, good tax planning can open the door to some creative settlement solutions.
It Takes Two...
It will soon be back to school time for the children. For newly divorced parents, school can be a difficult subject. Regardless of joint or sole custody, each parent has the right to be involved with their child’s school activities absent a court order to the contrary, such as a FAPA restraining order.
Ideally, each parent should be responsible for gathering important school dates, such as parent teacher conferences or field trips. However, there can be miscommunications with regard to a parent address with the school and often, one parent is not receiving the same information as the other parent. To make both communication with the other parent and parenting time exchanges less difficult, parents of a school aged child should talk about upcoming events. If talking to the other parent is still difficult, write an e-mail about the important dates at the school. Remember that your child should never be the messenger of this information!
The more involved both parents are at school, the greater chance that their child will excel.
Ideally, each parent should be responsible for gathering important school dates, such as parent teacher conferences or field trips. However, there can be miscommunications with regard to a parent address with the school and often, one parent is not receiving the same information as the other parent. To make both communication with the other parent and parenting time exchanges less difficult, parents of a school aged child should talk about upcoming events. If talking to the other parent is still difficult, write an e-mail about the important dates at the school. Remember that your child should never be the messenger of this information!
The more involved both parents are at school, the greater chance that their child will excel.
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