Divorce and Taxes Part I – Four Things to Think About

There’s an old saying that only two things are certain – death and taxes. Thinking about both is usually about as unpleasant as sucking a lemon. Tax consequences of divorce are also a certainty, and can be equally as sour. Unpleasant as it may be, divorce and taxes go hand in hand. That means tax consequences of divorce are a key component to consider when mediating or negotiating your divorce settlement.

In this series we’ll look at some of the key tax issues to think about during your divorce. Having some information going into the process can help gain the clarity you need to have informed conversations with your attorney and your CPA to help them protect your interests.

Your divorce dream team

If you have substantial assets, your divorce dream team should have both substantial legal and financial knowledge. An expert team will give you the best chance of minimizing the negative tax consequences of divorce.

Your team should include an experienced divorce attorney, like ours at Hightower Reff, as well as a tax attorney or an experienced CPA.

When you choose collaborative divorce instead of traditional divorce, a financial expert is routinely a member of your collaborative divorce team, and can help with planning for your divorce and taxes.

First steps – filing status and figuring out a plan

 

For more on filing status and divorce, see IRS publication 504 [LINK TO https://www.irs.gov/publications/p504/ar02.html#en_US_2016_publink1000175818].

Watch for Divorce and Taxes Part II

Next time in the series, in Part II, we look at possible support payment tax pitfalls you may not have pondered when it comes to paying or receiving spousal support or child support.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


Author, Hightower Reff  Partner Attorney Tracy Hightower, holds both a Juris Doctor and  a Master of Laws in Taxation. For more about Tracy, visit her profile page. 

If you need help with an Omaha area divorce or other Omaha family law case, contact Hightower Reff Law today and come visit with one of the attorneys at the Omaha office

Countdown to Cameras in Nebraska Courts – New Rule Starts March 2017

The countdown to cameras in Nebraska courts is on. If you’re in a Nebraska district or county court after March 1, 2017, you may see a new thing in our State – news cameras inside the courtroom doors.

Nebraska is joining many other states, including Iowa, that have had cameras in their trial courtrooms for years. States like Nebraska, however, have been hesitant to allow electronic recording in courtrooms.

What the new Nebraska rule says

The new Nebraska Supreme Court Rule allows electronic cameras in Nebraska courts, recording and social media posting from the courtroom. But don’t show up at your local courthouse with a video camera or your smartphone looking to become a YouTube correspondent.

Only approved news media outlet representatives with approved equipment are allowed to record or report electronically from the courtroom. Anyone looking to provide expanded coverage under the rule has to ask for permission in advance, using a specific written form.

Under the rule, a judge can approve someone outside the approved list of media outlets who asks to take part in providing coverage in the courtroom. However, everyone looking to report from court must follow the rule’s written request and approval requirements.

There are other restrictions to cameras in Nebraska courts as well:

 

The rule doesn’t require expanded media coverage, it only allows for it. Not every Nebraska judge will allow expanded coverage in their courtroom, and the decision is up to their discretion.

The case for and against cameras in the courtroom

Cameras in Nebraska courts and other electronic recording in the courtroom have long been a hot topic of discussion.

On one side of the issue, those opposed say that the expanded coverage brings with it a risk of making witnesses afraid to testify and jurors afraid to serve, making a mockery of the judicial system, or tainting potential jurors’ opinions of a case.

There’s also concern that it may change the way a judge communicates with attorneys and his or her staff during a proceeding, cause a distraction, or disrupt the courtroom.

While some of those arguments are compelling, state courts that have allowed cameras in the courtroom have kept their expanded coverage rules – maybe for very good reasons. Some believe expanded coverage is important to the public interest.

Those in favor of expanded courtroom coverage say it gives people who otherwise may not ever go into a courtroom as close to a first-hand court experience as possible. They believe that look inside the courts can be a teaching mechanism to give people a better understanding of how our judicial system works, and increase their confidence in the courts. There’s also an argument that cameras in the courtroom supports the public’s “right to know” what happens in our judicial system.

If you think cameras in Nebraska courts will be an issue for you

If you have a case coming up in a Nebraska court that isn’t in one of the excluded categories in the infographic above, the question of cameras in the courtroom may hit close to home.  You should talk with your attorney so you’re both prepared if you think your case might attract media attention.

Media making a request for coverage must do so via a special form. They have to send the form request to the Judge and all attorneys. If you don’t have a lawyer, they have to send a copy to you. The judge will decide whether to approve the request. Depending on the type of hearing the media wants to cover, you may be able to object if you choose.

If you want to object to a media request for expanded coverage in your hearing or trial, you or your lawyer has to file a written objection. Be aware, however, there’s a time limit to file your objection. Also, it must be sent to all parties, and to those requesting to cover the hearing.

 

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Susan Reff – a Hightower Reff  Partner Attorney practicing in criminal defense, DUI, and family law –  visit her profile page.

Find out more about how Susan and Hightower Reff can help with your criminal case. 

If you need help with a DUI, criminal defense, or family law case, contact Hightower Reff Law todayand come visit with Partner Attorney Susan Reff or one of our other experienced attorneys at the firm’s Omaha office

Illegal Search and Seizure – Know What to do if it Happens to You

officer with evidence bagOne of my clients recently “walked” after a special unit of the Nebraska State Patrol trained in drug enforcement caught him with about $40,000 worth of illegal drugs. Was it fancy lawyering that got him off? Well, I think it was good lawyering, but that’s not all.  My client went free from the felony drug charges against him because of laws that protect us all, and because of his smart moves during the police encounter leading to his arrest. It’s important to understand, however, that the laws that set my client free aren’t intended to protect the guilty. Rather, they are to protect the innocent – to protect us all. That’s why, when it comes to illegal search and seizure, you should know what to do if it happens to you.

Illegal Search and Seizure – It Could Happen to You

We’re all guaranteed Constitutional protections from government intrusion on our privacy — innocent and guilty alike. With few exceptions, the police can’t legally bother you with a stop, or search you, unless there’s a credible reason to believe you’re breaking the law (ie. probable cause). But can’t and won’t are two different things.

As we’ve seen in the news, despite laws against unreasonable search and seizure, it still happens. Whether or not you think you’re doing something illegal, this is stuff everyone should know. After all, it’s not only guilty people who are subjected to unlawful police searches. It could happen to you, too. While most of the law enforcement officers I know are good cops who don’t purposefully violate citizens’ rights, everyone makes mistakes sometimes.  Law enforcement officers are no different.

Why my client walked

In the recent Douglas County, Nebraska, felony drug case in which my client “walked” instead of serving what could have been a lengthy prison sentence, it happened because the court threw out the evidence against him. All of it.

I made a motion to the court and the judge agreed with me. He refused to allow into evidence the tens-of-thousands of dollars worth of drugs the State Patrol seized from my client’s suitcase, or anything else found during the search. The judge suppressed the evidence because he agreed that it came from an illegal police search. That meant the prosecutor had no choice but to drop the felony drug charges.

I won that Motion to Suppress for my client because law enforcement violated his Constitutional rights with an illegal search. They stopped him without a good reason and they searched his bags without a warrant when there was no exception allowing them to do it. That rendered the evidence they got during the search inadmissible.

I also won because, during the stop, while the Nebraska State Troopers were violating his rights with an unlawful search, my client made the right moves.

What my client did during the stop that was smart

Pay attention to this part. I’m going to tell you exactly what my client did that helped him walk out of the courthouse after being caught with tens of thousands of dollars worth of drugs.

  1. He didn’t run from police when they approached him
  2. He didn’t argue, resist or obstruct during the encounter

It’s pretty simple stuff, but it’s not always easy. Emotions can run high during a police encounter, especially if you feel like they’re violating your rights. In my client’s case, staying calm and cooperative and not arguing or telling the troopers how to do their jobs (like they’d listen anyway) paid off for him. Had my client done any of the above, his case could have ended much differently.

How you can be smart too

If law enforcement stops you, whether or not a search follows, the best things to do to help yourself and your lawyer down the road (should the need arise) are:

 

 

If the police perform an illegal search and find evidence, a good lawyer will try to have it suppressed so it can’t be used in court. If the search was without a warrant, there may be a chance your lawyer can find a legal argument to give you some leverage in court.

Don’t make it harder on your lawyer by doing something during the cop encounter that could end up making an exception to the warrant rule, clock more charges on your docket, or give the prosecution something to use against you in court.

Remember, you aren’t going to settle any disputes over your rights there on the scene. Those will all have to be hashed out in court later. All you are likely to accomplish by resisting police or arguing with them is to make more trouble for yourself.

This article should not be construed as legal advice. Situations are different and it’s impossible to provide legal advice for every situation without knowing the individual facts. 


For details about the author, Hightower Reff  Partner Attorney and criminal defense lawyer Susan Reff, visit her profile page.

Find out more about how Susan and Hightower Reff can help with your criminal case. 

If you need help with a criminal defense case, contact Hightower Reff Law todayand come visit with Partner Attorney Susan Reff at the firm’s Omaha office