Tax Deduction: Divorce Legal Fees

Are Your Legal Fees From your Divorce Tax Deductible? Tax Deduction Often Overlooked!

Generally speaking, the IRS does not allow a write-off for court costs and legal fees stemming from a divorce.  It does, however, offer deductions for any portions of those fees related to tax advice and alimony.

What Fees Can Be Considered Tax Deductable During A Divorce?

According to the IRS, legal fees that are specifically spent to collect spousal support can be included under “other expenses” with the itemized deductions listed on Schedule A of tax form 1040.  This write-off is also available for any proceeding in which a spouse is attempting to collect taxable spousal support, increase the amount of support, or collect any past due amount. It is important to note, however, that the IRS does not allow a deduction for the cost of trying to collect non-taxable income during divorce, such as overdue child support or temporary spousal support.  … View Full Article → “Tax Deduction: Divorce Legal Fees”

Divorce: Helping Children Succeed After Divorce Seminar – Hosted By The Greene County Domestic Relations Court

Greene County Domestic Relations Court Seminar To Help Children Succeed Post Divorce – A Review and Breakdown

On Saturday, February 22, 2016, I had the opportunity to attend a seminar entitled “Helping Children Succeed After Divorce.” The seminar was held at the Greene County Domestic Relations Court located at 595 Ledbetter Road, Xenia, Ohio. The cost for attending the program is included in the Court’s filing fee for either a divorce, dissolution of marriage, or legal separation proceeding. The Court has three (3) two-hour seminars per month to accommodate the working schedules of all parties. Two seminars are held in the evening from 6:00 to 8:00 p.m. and one seminar is held on one Saturday per month from 9:30 a.m. until 11:30 a.m.

Parents of minor children are “ordered” at attend this seminar and a failure to attend could result in a loss of parenting time (also known as visitation) until the non-compliant parent attends the seminar.… View Full Article → “Divorce: Helping Children Succeed After Divorce Seminar – Hosted By The Greene County Domestic Relations Court”

Native American Divorce Court: Potential Issues When A Spouse Is A Member Of A Native American Tribe

Does a State Court Have Jurisdiction Involving Native American Couples In Divorce, Domestic Relations And Marital Assets?

Throughout the years and probably over dozens of cases, the United States Supreme Court has it made clear that Native American tribes are self-governing and sovereign entities whose powers are only limited by the federal government. As a result, reservations are considered independent of state and local power.  With that in mind, what happens when a state court is presented with a divorce where one spouse is Native American?  Does a state court even have jurisdiction (the right to hear a case and make a decision), or power over an enrolled tribal member?  Does a state court have the ability to divide Native American assets upon divorce?

To start, a Native American tribe has jurisdiction over any domestic relations dealing with their members or arising out of their land.  However, in 1953, Congress enacted Public Law (PL) 280 (codified as 18 U.S.C.… View Full Article → “Native American Divorce Court: Potential Issues When A Spouse Is A Member Of A Native American Tribe”

Dayton Divorce Attorney Recommends Hiring A Therapist

How Hiring a Therapist Can Have A Profound Effect On The Resolution Of Your Divorce Case

Obviously going through an unexpected or difficult divorce can be one of the most stressful experiences in an individual’s life.  While many clients can navigate the process unassisted without professional help, others really cannot.  Some people think that they can talk with family members or friends to help pull them through. Typically, however, those who are deeply distressed really need professional help by a therapist to guide them through the entire process and transition to their life post-divorce.  Many people view having a therapist or counselor as a sign of weakness.  It certainly is not.  My experience as a divorce attorney for over 35 years is that when the attorney and therapist work together, it can often eliminate years of paralysis for a client.

In thinking through this and in preparation of writing this blog article, I have tried to list some of the areas that the therapist can help with.  … View Full Article → “Dayton Divorce Attorney Recommends Hiring A Therapist”

Divorce Book Review: DIVORCE: How to Tell The Kids: A Parent’s Guide to Breaking the News Without Breaking Their Hearts

Author Vikki Stark Conducts Over 100 Interviews With Children For New Book About Separation And Divorce

Vikki Stark, a divorce recovery specialist and a family therapist for over thirty (30) years, published this book in 2015. Her stated purpose in writing the book was to make the “telling” to the children of the news that a family was going to be separating as non-traumatic as possible. To research this subject area, the author conducted over one hundred (100) interviews with children and with adults who were children when their parents separated and divorced. She also interviewed parents who had already done the “telling” to their children to learn about their positive and negative experiences in doing so. Finally, she read and researched many articles written by other professionals in the same field.

The main points from Chapter 1, A Bridge to Your Next Life, are as follows:

  1. You cannot avoid the anger or sorrow that your children may feel; but you can learn skills to reduce the trauma.
… View Full Article → “Divorce Book Review: DIVORCE: How to Tell The Kids: A Parent’s Guide to Breaking the News Without Breaking Their Hearts”

Divorce: College Costs – A Ticking Time Bomb?

Parents Facing A Divorce Grapple With College Costs For Their Child

On September 5th, we posted a blog article about the necessity to be clear and precise in your divorce or dissolution documents if you chose to include a college expense provision.  Truthfully, since my two sons have already graduated from college, I have not paid close attention to these escalating costs.

I recently saw a very interesting article in the online version of the Dayton Daily News addressing the increasing cost of a college education throughout Ohio and particularly the increasing costs of the room and board portion.  That article also referred to a very interesting chart from the U.S. Department of Education (which I have a link to below) showing a breakdown of the present room, board and tuition costs at most Ohio college and universities.  Those costs are staggering! Nearly every college or university in Ohio saw an increase in room and board rates of nearly 30% between 2002 and 2015.… View Full Article → “Divorce: College Costs – A Ticking Time Bomb?”

College Expenses And Divorce

Child’s College Expenses Problematic Upon Divorce. Why it’s Important To Say What You Mean and Mean What You Say

With the importance of higher education becoming more apparent every day, it is not uncommon for divorcing couples to decide to provide for their children’s college expenses. In Ohio, like many other states, domestic relations courts cannot ordera parent to pay these costs because the duty of support generally ends once a child reaches the age of 18 (or in some situations at 19) .  Nevertheless, the parties can negotiate a division of the college expenses and incorporate it into a separation agreement.

Generally speaking, a separation agreement is a contract and is therefore, binding on the parties involved.  So, if you decide to agree to be on the hook for your children’s college expenses upon divorce, it is extremely important that the language within your agreement clearly expresses your intent.… View Full Article → “College Expenses And Divorce”

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