What you Need to Know About Your Divorce Trial that Your Lawyer May Not Tell You – Part II: Five Things smart divorce clients do during their divorce trial

 

What you do before and during your divorce trial has an effect on the outcome of the case. In this second installment of Hightower Reff Law’s series What you Need to Know About Your Divorce Trial That Your Lawyer May Not Tell You, I’ll share five things smart divorce clients do during and before their divorce trial. These five things could help boost your chances of getting what you want at your divorce trial (or at the least, help prevent things that can screw up your case.)

In my years as an Omaha divorce lawyer and child custody lawyer, I’ve noticed that clients who are effective players in their divorce legal team usually share five common behaviors. Those things seem to have a positive influence on not only the outcome of the case, but also the way their divorce trial impacts their children’s lives and their own.

In this article I’ll share with you the five things these smart clients do during their divorce trial that have a positive impact on the outcome of their case.

What you need to know about your divorce trial that your lawyer may not tell you: What you do during your divorce case matters 

Smart clients know that a real divorce trial isn’t like the ones you see on television. How effective your lawyer can be on your behalf is limited by reality. That means actual facts – the way things are.

The court makes its findings for your divorce decree based on evidence – or, in other words, proof of relevant facts. Things like financial circumstances, including income, retirement savings, and debt are important facts the court considers. In child custody, your life style and behavior also come into play as the court evaluates the best interests of the child. During the trial, it’s your lawyer’s job to present all of this evidence to the court.

What you do or don’t do during your divorce case will affect whether your divorce lawyer is able to present evidence effectively to prove your side of the case. It may also bear upon how much credibility or weight the court gives some of the evidence both sides present.

Next Time in the Series

Next time in the series What you Need to Know About Your Divorce Trial that Your Lawyer May Not Tell You, we’ll step inside the courtroom to prepare you for what to expect on the big day (or multiple days) of your divorce trial.

(If you missed Part I of this series, What you Need to Know About Your Divorce Trial That Your Lawyer May Not Tell You – Has my Lawyer Fallen From the End of the Earth? Don’t fret, you can catch up here.) 

 

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 More Information:

Learn more about Hightower Reff  Partner Attorney Tracy Hightower.

Find out more about Hightower Reff’s family law services.

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

What You Need to Know About Your Divorce Trial that Your Lawyer May Not Tell You – Part I, Has my Lawyer Fallen from the End of the Earth?

What You Need to Know About Your Divorce Trial that Your Lawyer May Not Tell You

Divorce trials are strange, unfamiliar things to most people. You can feel like you’re in the dark. If your divorce attorney doesn’t do a good job being clear with you, that feeling of being in the dark can turn to mistrust of your lawyer, insecurity, and fear. In this series, What you Need to Know About Your Divorce Trial That Your Lawyer May Not Tell You, I’ll shed some light on your divorce trial.

In this first installment, Has My Lawyer Fallen from the End of the Earth? I’ll explain why your lawyer’s seeming disappearance before trial isn’t a sign he or she has met a bizarre end or doesn’t care about your case. (So hold off on emailing tabloid websites with your proof the world is flat because your lawyer just fell off the edge of it.)

Pre-trial pre-production for your divorce trial

Before any organized presentation, there’s a lot of preparation. That prep is crucial to make sure the presentation is smooth and coherent, and as well thought out as possible. Think of it as pre-production.

Divorce trials are no different. They require a LOT of pre-production. A well prepared attorney generally spends four to five hours of preparation time for every hour they’ll spend in court.

How is that possible? A divorce attorney preparing for a divorce trial or other family law trial has a lot to do.

 

Not proof the world is flat 

Your attorney has a lot on their plate when preparing for your divorce or other family law trial. During the busiest parts of that trial preparation, they may rely on another attorney in the firm, a law clerk, or assistant to help support you. Those trusted members of your divorce team may support you through any questions or issues come up.  If that happens, don’t take it personally; your attorney isn’t blowing you off. They haven’t fallen from the edge of a flat earth, and they certainly haven’t stopped caring about the outcome of your case. It’s quite the opposite.

Your attorney cares so much that they are directing the lion’s share of their time and attention to preparing for your trial. They want to be as prepared as possible for your divorce trial so they can do what you hired them to do: get you the best result they are able to achieve.

Many attorneys miss out on time with their families, other personal events and interests, and even needed rest because they become incredibly focused on preparing for your trial so they can do a good job for you.

An alternative to the tribulations of a divorce trial 

If a divorce trial sounds like it’s not for your circumstance, there’s an alternative: collaborative divorce.  Not every attorney is trained in this amicable divorce option. Also, it’s not appropriate for every case.

At Hightower Reff Law, however, (as well as practicing in traditional adversarial divorce) attorney Scott Hahn and I are both certified collaborative divorce attorneys.

In a nutshell, in collaborative divorce, you and your spouse work with a team of professionals to come up with an agreement to submit to the court. That agreement will become your final Divorce Decree. There’ll be some court involvement to get everything finalized. However, collaborative divorce is usually easier in the end, in part because you have everything agreed upon ahead of time instead of “duking it out” at trial.

There’s more info on collaborative divorce available on the Hightower Reff blog and website.

Next time in the series, What You Need to Know About Your Divorce Trial That Your Lawyer May Not Tell You

Next time in the series What you Need to Know About Your Divorce Trial that Your Lawyer May Not Tell You, I’ll share some ideas on what YOU can do to prepare for your trial to help increase your chances of success.

 

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 More Information:

Learn more about Hightower Reff  Partner Attorney Tracy Hightower.

Find out more about Hightower Reff’s family law services.

 

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

5 Ways to Turn Your Divorce Case Into a Train Wreck

There are plenty of opportunities for divorcing spouses to make a mess out of everything during a divorce case. In this article I’ll tell you about five things that will turn your divorce case into a train wreck.

Divorce is tough. It’s emotional. Your soon to be ex-spouse may also be a complete bag of (insert preferred expletive). Maybe they’re so bad that you’re considering doing whatever you can to stick it to him/her during your divorce case out of spite.

Maybe spousal retribution isn’t your goal, but you’re just so emotional about the ordeal, you don’t know

I’ve seen clients employ these five tactics with great success… if your goal is screwing up your divorce. Read on and learn the secrets so you too can turn your divorce case into a train wreck; or avoid it (the preferable goal).*

 

 

Consider keeping your nose on your face instead 

Doing any or all of these things is likely to make your divorce case take longer and cost both you and your spouse more. More in financial and emotional resources.

If you choose to turn your divorce case into a train wreck instead of behaving prudently, you’ll also have to wait longer before you can move on with life.

Notice that I’m talking about you, not your spouse? If making the divorce tougher to spite your spouse is your goal, you may accomplish it. However, you’re also quite likely to cut off your own nose to spite your face.

Consider as well that acting in these ways is likely to harm your credibility with the court. Bad behavior that calls into question your parental judgment or fitness could also negatively affect your child custody case.  Moreover, in some circumstances, the court could sanction you for contempt of court. (Your friend Larry is wrong.)

At any rate, if you act badly during your divorce case, you’ll cause major collateral damage. The victims likely to be hurt most… your children.

*Hightower Reff Law doesn’t endorse train wrecks

As you may have gathered, Hightower Reff Law doesn’t endorse these ill-advised spite tactics or purposefully turning your divorce into a train wreck in any way. We strongly suggest you not try these five ways to turn your divorce case into a train wreck, or any others.

These kinds of bad behaviors are very likely to harm the outcome of your divorce case and/or damage your family relationships. Most concerning, some of these emotionally driven, poor choices hurt children.

I hope this information will help readers avoid these mistakes.The client who makes well reasoned, rational choices, instead of emotional poor choices can be at peace, knowing their family relationships and children won’t suffer avoidable negative consequences.

 

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 Susan Reff, is a well respected Omaha, Nebraska family law and criminal law attorney with more than fifteen years of law practice experience. For more about Susan, 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. 

Divorce Property Settlement Tax Pitfalls – Hiding won’t Help. Divorce and Taxes Part III

Divorce property settlement tax pitfalls can be an unpleasant post-divorce surprise. Hiding, unfortunately, won’t make the problem go away.

Marital property transfers to one spouse or another during or related to a divorce generally don’t bring tax consequences. However, like most generalities, there are always exceptions.

In Part I of this series, I talked about your divorce dream team. I suggested that, along with an experienced divorce lawyer like those at Hightower Reff law, a tax attorney or a CPA may be a valuable part of your divorce team. Possible divorce property settlement tax pitfalls are yet another reason to consider enlisting a tax pro during your divorce.

Divorce Property Settlement Tax Pitfall 1 – Selling the House 

You must report gain or loss from the sale of jointly owned property on your taxes in the tax year of the sale. Your individual state’s law determines what your share of that gain or loss amounts to. This is another area that can get sticky, and where a tax attorney or CPA can be helpful.

If you sell your primary home when you’re no longer married, watch out. Your tax basis on the capital gain is different than it would have been when you were married. Married couples filing jointly can exclude up to $500,000 of gain from the sale, while single tax filers can only exclude half that amount, at $250,000.

When the Primary Residence Exclusion Doesn’t Count

One of the most common divorce property settlement tax pitfalls happens when a divorcing couple keeps the family home in both of their names after the divorce. It’s often so one spouse can live there with the children until they’re grown.

The spouse who no longer has the house as their primary residence often ends up with an expensive tax consequence when it’s sold years later.

 

IRS Publication 523, Selling Your Home, is a helpful read that includes special rules you should know if you’re separated or divorced and selling a main home.

The non-recognition rule – isn’t always recognized

Usually you don’t pay taxes on division of marital assets because of divorce. That’s because the “non recognition rule” doesn’t recognize a gain or loss on property transfer between spouses or former spouses (so long as the transfer between former spouses is because of divorce.)

However, there are some circumstances in which the IRS considers a property transfer as a gain by one spouse – which means it’s taxable.

 Non-taxable transfers

Some other things you may not think of that you can transfer without tax consequences during or incident to a divorce (under definition of IRS regulations):

  • Health savings account (HSA)
  • Archer medical savings account (MSA)
  • Individual retirement arrangement (IRA)   (stay tuned for more on this)

Next in the series

Next time in the final installment of Divorce and Taxes, we’ll have a look at key points to know about retirement account division roadblocks when it comes to your tax bill.

(If you missed Part I or Part II of the series, you can catch them here.)

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

 

Divorce and Taxes Part II – Child Support, Alimony, and Taxes

The certainties of death and taxes are inescapable, as is the certainty that divorce will change your tax situation. If you’re getting divorced, you may need to think about child support, alimony, and taxes – along with other tax issues.

In this series we look at some of the key issues surrounding divorce and taxes, so you can gain the clarity you need to have informed conversations with your attorney and your CPA. That can be important to help them protect your interests.

Last time in the series, we discussed four things to consider when mediating or negotiating your divorce decree. When it comes to our topic for this installment – child support, alimony, and taxes – you may find some surprises.

Child support and taxes 

If you receive child support, you don’t have to report it as income.

If you pay child support, you don’t get to deduct it on your taxes… and you don’t get to claim the child on your taxes just because you pay support. The parent who gets to take the dependency exemption for the child depends upon your Divorce Decree, temporary order, and/or the tax code.

Alimony and taxes – a different animal

Alimony (spousal support) is altogether different than child support when it comes to tax rules. If you receive alimony, you have to report it on your taxes as income. If you pay alimony, your spousal support payments are tax deductible.

Getting slick with spousal support and taxes – a sticking point for the IRS

If your decree structures alimony payments to be high in the first couple of years and then drop off, the IRS may consider those payments to be a property settlement rather than alimony and you may not be able to deduct them.

Know your decree

Be mindful of child and spousal support tax implications when you’re negotiating or mediating your decree – including who will claim exemptions for the children.

 

A word about backsies

If you reach an agreement and a temporary order or final decree is entered, but your spouse changes their mind later, you may want to file your taxes before your spouse. That is unless you need them to sign IRS Form 8332 and they refuse. If that happens, talk to an experienced attorney about enforcement options as soon as you can.

If you don’t need your spouse to sign Form 8332, and they tell you they’re taking the dependency exemption when they aren’t entitled, you may come out ahead if you file first because the IRS will credit the first person who files and claims the exemption.

For more on filing child support and taxes and alimony and taxes, see IRS publication 504.

Next in the series

Next time in the series we look at things to think about when negotiating the property settlement agreement in your divorce.

 

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. 

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

Nebraska Child Custody Relocation – Guide to Removal Cases

childcustodyrelocationIf you’re contemplating a move out of Nebraska with your child in the coming new year and you have a custody order in place, you’ll have to get the court’s permission beforehand. As the name of this article implies, these kinds of cases are called Nebraska child custody relocation, or removal cases.

Nebraska child custody relocation cases can be tricky. These are some basics to help make more clear how Nebraska child custody relocation cases work:

 

No temporary orders

Temporary orders allowing you to remove your child from the jurisdiction aren’t allowed in Nebraska. That’s why there’s a faster litigation process and final hearing than in a typical family law litigation case. A faster final hearing allows families to get on with their lives as quickly as possible.

Your contribution is key in your Nebraska child custody relocation case

Whether you’re the parent requesting the move, or the one opposing it, the more evidence your lawyer can show the court to support your position, the better your chances of winning. You play a key role in your lawyer’s ability to do that. You know your circumstances and your child best and can best help your lawyer understand the key elements that he or she will need to prove to the court.

It’s especially important that you communicate well with your attorney and work side by side with them during your Nebraska child custody relocation case. That will enable them to have all the key information about your situation and present it to the court.

Get a lawyer experienced in Nebraska child custody relocation onboard ASAP

Removal cases can be hard to win. It takes an experienced attorney to navigate the sometimes murky waters of Nebraska law when it comes to proving to the judge whether moving away from their other parent is truly in your child’s best interests.

Because things usually move quickly in removal cases and in the circumstances that typically surround the need for an out of state move, it’s important to get a lawyer experienced in Nebraska child custody relocation cases on board as soon as you find out an out of state move is on the horizon – whether you’re the parent moving, or the parent on the other side of the case.

 

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 Tracy Hightower, visit her profile page.

More information about Nebraska child custody removal cases is available here. 

If you need help with a Nebraska child custody relocation or other family law case, contact Hightower Reff Law today and come visit with one of the attorneys at the Omaha office. 

Changing Child Custody or Support Your Holiday Wish? 4 Things You Should Know (Infographic)

holiday-modification-mediumFrustrations over repeated problems can be a bigger deal during the holidays. That can be a pain, but it can also be a benefit in the long run because it can make clear to you things that need to change. Sometimes those things include child custody or child support orders that aren’t working for your family anymore. If changing child custody or support is your holiday wish, there are 4 things you should know:

 

In a Nebraska child support modification, if a parent is looking to reduce the child support they owe because their income has gone down, the court will look at what caused their income decrease. The court will also look at whether the parent caused it on purpose.

Unfitness not a necessity for changing child custody

You don’t have to prove that the other parent is unfit for the judge to grant a custody modification. Showing that changing child custody is in the child’s best interests may get the job done. For example, the court may find that changing child custody is in the child’s best interests if the parent with primary custody is no longer giving the child a stable living environment.

The court’s decision will turn on the very specific, individual facts of your case, and the needs of your children. Your attorney’s skill in clearly and effectively showing the court those things is critical.

Experienced legal support is essential

Choosing the right attorney for a Nebraska child custody modification or Nebraska child support modification is crucial. It’s also crucial to your peace of mind during what can be a long court proceeding. Having an attorney in your corner you are confident in, who gives you clear information and who is committed to your case is key.

Also remember that experience goes a long way. When you choose your attorney for your child custody modification case or child support modification case, look for a lawyer who works daily in this specialized area of the law.

Look also for a lawyer who’s familiar with the judges in your area, and how they may view the facts of your case. While no attorney has a crystal ball, or can guarantee the outcome of a case, familiarity with “the bench” in the county where your case will be heard can help your attorney know how to approach your case in the most effective way.

 

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 Susan Reff, visit her profile page.

Find out more about how Hightower Reff can help with custody and support modification. 

If you need help with a child custody modification case, or a support modification case, contact Hightower Reff Law todayand come visit with one of the attorneys at the Omaha office.