San Francisco’s Sheriff claims he can still do his job, even though he had to turn in his guns to the court. District Attorneys says they will treat him like any other criminal defendant. Continue reading
Posts Tagged ‘Domestic’
Missouri Domestic Violence Resources
21
Oct
Missouri domestic violence hotline numbers, help and resources to get you out! Here’s what you need to know to get started.
Kansas Domestic Violence Resource Numbers
20
Oct
Kansas domestic violence resources and helpful phone numbers through out the state of KS. Victim of domestic violence
in Kansas? Here’s some of the help you need to get out.
"eDiscovery" in Domestic Relations Mutual Scheming: Digging up Dirt by "Friending" Ex-Spouse
01
Jul
On the Globe and Mail Blog, Erin Anderssen writes “[i]n the latest example of two people losing all sense of reason while they part ways, Angela Voelkert, of Indiana, decided to go digital dirt-digging on her ex-husband, David. She created…
How Does the IRS Treat Registered Domestic Partners?
14
Apr
Before 2010, the IRS treated Registered Domestic Partners (RDPs) who reside in community property states like Washington as single people. For tax year 2010, the IRS has changed its policy and now treats RDPs more like married couples. Attorney Elaine G. DuCharme wrote an article for the April 2011 King County Bar Bulletin called, “New IRS Rules for Registered Domestic Partners,” which points out the changes in the tax code and what they mean for RDPs. This is an overview of that article for people who are in a Washington RDP or are considering registering.
The Old Rule.
Before 2010, people who were in a Registered Domestic Partnership would each file a separate federal tax return, report only their income, and only be entitled to claim their credits and deductions. Basically, the IRS treated RDPs like single people. This was despite Washington’s Registered Domestic Partnership Act which extended community property rights to RDP’s as of June 11, 2008.
The New Rule.
The IRS has changed their rules for RDPs in Washington effective with the 2010 tax returns. People who are in an RDP still file individually, but now each person reports half of the combined income of the RDP and takes half of the combined total credits for income tax withholding. “Income” includes both wages and income from community-property assets. These rule changes also allow taxpayers to amend tax returns filed in 2008 and 2009, though they do not require amendment. If one taxpayer amends, the other must do so as well.
What is or isn’t community property is still being sorted out and is likely to change as the IRS refines their new rules. According to Ms. DuCharme’s article, withdrawals from IRAs and Coverdell Education Savings Accounts are treated as separate income, but withdrawals from pensions (including military retirement, civil service retirement and FERS retirement plans) could be treated as community property. Income from a community business is community income, but the self-employment taxes are only imposed on the partner who is carrying on the business. If the property was acquired before the couple was registered or before June 11, 2008 (whichever was later) it will be considered separate property unless it was clearly converted to community property via a quit claim deed or agreement.
Effect of New Rules.
There is bound to be a good deal of confusion about how these new rules affect you and your partner. If you are registered, should you stay registered? If you aren’t registered, should you take that step? What does the IRS consider to be separate property and what is community property? Should you and your partner enter into an agreement stating that property is or isn’t community property? Is the new rule going to save you and your partner money or end up with you paying more taxes? Do you and your partner need to amend your tax returns? If so, how far back do you need to go? These are all very good questions and should be answered by a tax professional and attorney who are fluent in the new IRS rules as well as the RDP Act.
Ms. DuCharme’s article can be read here. If you have questions, feel free to call Pro Se University at 877.776.7310.
Modifying Your Child Support Order
15
Jan
Often, I get questions from people who feel their child support order needs to be adjusted. Usually, it is the non-custodial parent who feels they are paying too much. Occasionally, it is the custodial parent who feels the non-custodial parent isn’t paying his/her share.
In Ohio, support modifications may be requested either through the court (Domestic Relations or Juvenile) that made the order or the Child Support Enforcement Agency (CSEA) in the county enforcing the order. Under most circumstances, you should start with the CSEA. It is usually faster and more conducive to self representation. Furthermore, courts often get peeved when you come to them without first exhausting your administrative remedies. You can take your matter up with the court if you disagree with the agency’s ruling.
For the court or CSEA to modify your support order, they must find that there has been a “change in circumstance” to justify it. To request a modification, at least one of the following must apply (see Ohio Administrative Code § 5101:12-60-05.1):
- At least 36 months has past since the order was issued or last modified; or if 36 months have not passed, any of the following…
- A minimum support order ($50/mo.) can be reviewed at any time;
- One or both parents has become unemployed through no fault of his/her own (this means you can’t quit your job and expect your order to be modified) for at least 30 consecutive days;
- One or both parents has become unemployed due to mass layoff or plant closing;
- One or both parents has become permanently disabled (be sure to have medical proof and social security information);
- Institutionalization or incarceration (see caveat * below);
- One party has experienced a 30% decrease in income through no fault of his/her own or a 30% increase in income;
- The child subject of the order has been emancipated (support remains in effect until child turns 18, or up to the 19th birthday if the child is still in school-you are still responsible for back child support).
If any of these apply, calculate the new amount of support. Here is a free resource that should give you a good idea of what the amount will be (assuming your figures are accurate of course). If the change is to your benefit, file the modification application. Contact the CSEA or visit their website to obtain the application.
When filing an application to modify support, always do it ASAP. Support modifications are not issued retroactively. That means the modification will only be effective as of the date of the application and not a day before.
* Note: some jurisdictions will not modify due to incarceration. These jurisdictions reason that it was your own fault for committing the crime. Therefore, it is a voluntary loss of income.
Please share your experiences with child support modifications.
