QDRO Results Testimonial

Testimonial

We were hired by the former wife to draft a QDRO and transfer 100% of  the ex-husband’s 401(k) to her. These parties had been in the process of getting this done through their original attorneys for about a year with no success.

We were able to get the QDRO done, and the 401(k) into the wife’s name very quickly.

When all was said and done, she said,

“Kristy, this is all set, thanks to you.   Cannot thank you enough.  The process was started last August.”    

Anonymous in Portsmouth, RI

Be Careful Representing Yourself in Family Court Matters

I spoke with a mother yesterday, who lives with her daughter in California. The father (ex husband) filed an action in Family Court to compel visitation with the 6 year old child. Mom could not afford an attorney, but she wondered what she could plan on happening that day in court. She wondered whether she needed to bring her daughter and whether the matter would be completed that day given that she has to fly in from California to contest it.

I will not go into the detailed answers to all of her questions here, but wanted to point out that it is ALWAYS BEST to consult an attorney for such a matter, because if she filed papers on her own, she could have missed the opportunity to file a motion to dismiss the action, because it probably should be heard in California!

Jurisdiction in child custody matters can be tricky for attorney, nevermind a lay person. Some attorneys will not take the time to warn a person about such things when they hear "I cannot afford an attorney," but we will, to the extent we can.

If you have Rhode Island Family Court questions, and aren't sure where to turn, call me!

“2013 Veteran COLA Passes House”

Week of July 16, 2012

The House of Representatives passed the Veterans' Compensation Cost-of-Living Adjustment Act of 2012 (H.R. 4114). 

Although this is seen by many as a formality, passing the COLA is often pushed to the end of the year. According to House Committee on Veterans' Affairs press release, taking care of this now ensures that Vets will be given the benefits they were promised without any last minute "political tug-of-war." If signed into law, H.R. 4114 would increase the annual cost-of-living rate for veterans, which goes into effect on December 1, 2012. It is estimated that this year's COLA will be approximately 1.9 percent. The legislation now heads to the Senate for consideration.

For complete guides to all veterans benefits, visit the Military.com Benefits Center.

RI Mediation Client Testimonial

Rhode Island Mediation Client Testimonial

 “As the year comes to an end, I can not let another day go by without properly thanking you. The work you did with my husband and I during mediation was creative, resourceful and simply clever. You both were attentive to our present and future needs- emotionally, financially and legally. There were many occasions throughout the time you spent with us where I thought there was no possible way to come to a middle ground. Luckily, with your guidance and perseverance you made the impossible, possible. 

Thank you … from the bottom of my heart for your determination and consideration while working with us. My gratitude is endless.”

Don't Forget the Tax Refund!

As family law attorneys, we often think of income taxes as a means to review income and available assets as we go through the case. It is only at this time of year where, for most (if not all) of our clients, we also need to think about the potential income tax return and refund.

It is important to note that if you are in a contested divorce situation, then your attorney should at least consider asking the court for a restraining order with regard to spending the 2011 refund. Specific options include restraining the parties from cashing the refund until further order of the court, or perhaps more commonly, asking the court to order that the funds be deposited into an "escrow account" so that those funds are not spent without an agreement of the parties or by further court order. A restraining order can also be useful in child support cases that have not been running through the Child Support System. (Those child support cases which are running through the system should be intercepted if someone owes money to the custodial parent automatically.)

Parties can be tempted to file together without speaking to their attorney because the case is in the early stages, there aren't any issues yet, or the promise of "quick cash" is alluring. However, doing so could be a mistake for tax reasons, as well as the fact that the funds could be easily deposited into a joint account, and then removed by one party. It is much easier to "hold" the funds, than it is to "chase" the funds.

If you have questions about your income tax refund and you are in the process of a divorce, contact your attorney and ask the question. If you are thinking about a divorce and are not sure what to do, call us at 401-841-5700 or go to www.CounselFirst.com.


***WE DO NOT GIVE TAX ADVICE, BUT WE CAN POINT OUT POTENTIAL PITFULLS AND NOTIFY YOU OF THE ISSUES SO YOU CAN ASK YOUR TAX EXPERT THE CORRECT QUESTIONS.***