Good news for those seeking “innocent spouse” tax relief from the IRS. Effective July 25, 2011, the agency will no longer enforce a rule that required taxpayers to file for innocent spouse status within a two-year time limit — a controversial provision that some lawmakers and tax experts said unfairly denied certain people who may have otherwise qualified, including victims of domestic violence or abuse. The policy change to the current tax law not only applies to those who file future claims but also to some taxpayers whose claims were rejected in the past.
IRS has required taxpayers to file for relief within two years after a collection notice. The deadline has prevented taxpayers who were in-the-dark about their spouse’s tax debts from seeking relief, the IRS taxpayer advocate and legal aid attorneys said.
“This change is a dramatic step to improve our process to make it fairer for an important group of taxpayers,” IRS Commissioner Doug Shulman said in an agency news release. “We know these are difficult situations for people to face, and today’s change will help innocent spouses victimized in the past, present and the future.”
An “innocent spouse” is a taxpayer who did not know and did not have reason to know that his or her spouse understated or underpaid their income tax liability. If a taxpayer meets certain qualifications as an innocent spouse, the IRS may suspend all tax liability or only hold the innocent spouse responsible for their share of the tax bill. The new change affects taxpayers applying for equitable relief, a category open to taxpayers who don’t meet strict requirements of other provisions in the innocent spouse law.
Why more time? As Washington Post columnist Michelle Singletary asked in her recent piece on the rule changes, what if a spouse was being abused or bullied and, although she may have known about the collection effort, was too afraid of her abuser to take action under after a separation or divorce? Under the former IRS provisions, it didn’t matter. She had to file within two years or was out of luck.
Singletary points out that dozens of members of Congress had been pushing for a policy revision on innocent spouse relief, likely a motivating force behind the agency’s sudden change of heart. Earlier this year, Nina Olson, U.S. National Taxpayer Advocate, had named elimination of the two-year rule one of her top legislative recommendations to Congress.
So what you should expect? Key changes for taxpayers include:
- The IRS will no longer apply the two-year limit to new equitable relief requests or requests currently being considered by the agency.
- A taxpayer whose equitable relief request was previously denied solely due to the two-year limit may reapply using IRS Form 8857: http://www.irs.gov/pub/irs-pdf/f8857.pdf, Request for Innocent Spouse Relief, if the collection statute of limitations for the tax years involved has not expired.
- The IRS will not apply the two-year limit in any pending litigation involving equitable relief, and where litigation is final, the agency will suspend collection action under certain circumstances.
According to a report in the Wall Street Journal, the IRS receives about 50,000 requests for innocent spouse relief per year, although the number of actual taxpayers is smaller because a taxpayer often requests relief for more than one year. The majority of appeals are filed by women.
Details on innocent spouse relief can be found in IRS Notice 2011-70: http://www.irs.gov/pub/irs-drop/n-11-70.pdf
Sources:
Internal Revenue Service info:
IRS
Washington Post article:
http://www.washingtonpost.com/business/economy/irs-does-the-right-thing-for-the-innocent-spouse/2011/07/27/gIQAvn3VdI_story.html
Wall Street Journal report:
http://online.wsj.com/article/SB10001424053111904772304576468413081448544.html
IRS Amends Tax Law to Help ‘Innocent Spouse’ Relief
Good news for those seeking “innocent spouse” tax relief from the IRS. Effective July 25, 2011, the agency will no longer enforce a rule that required taxpayers to file for innocent spouse status within a two-year time limit — a controversial provision that some lawmakers and tax experts said unfairly denied certain people who may have otherwise qualified, including victims of domestic violence or abuse. The policy change to the current tax law not only applies to those who file future claims but also to some taxpayers whose claims were rejected in the past.
IRS has required taxpayers to file for relief within two years after a collection notice. The deadline has prevented taxpayers who were in-the-dark about their spouse’s tax debts from seeking relief, the IRS taxpayer advocate and legal aid attorneys said.
“This change is a dramatic step to improve our process to make it fairer for an important group of taxpayers,” IRS Commissioner Doug Shulman said in an agency news release. “We know these are difficult situations for people to face, and today’s change will help innocent spouses victimized in the past, present and the future.”
An “innocent spouse” is a taxpayer who did not know and did not have reason to know that his or her spouse understated or underpaid their income tax liability. If a taxpayer meets certain qualifications as an innocent spouse, the IRS may suspend all tax liability or only hold the innocent spouse responsible for their share of the tax bill. The new change affects taxpayers applying for equitable relief, a category open to taxpayers who don’t meet strict requirements of other provisions in the innocent spouse law.
Why more time? As Washington Post columnist Michelle Singletary asked in her recent piece on the rule changes, what if a spouse was being abused or bullied and, although she may have known about the collection effort, was too afraid of her abuser to take action under after a separation or divorce? Under the former IRS provisions, it didn’t matter. She had to file within two years or was out of luck.
Singletary points out that dozens of members of Congress had been pushing for a policy revision on innocent spouse relief, likely a motivating force behind the agency’s sudden change of heart. Earlier this year, Nina Olson, U.S. National Taxpayer Advocate, had named elimination of the two-year rule one of her top legislative recommendations to Congress.
So what you should expect? Key changes for taxpayers include:
According to a report in the Wall Street Journal, the IRS receives about 50,000 requests for innocent spouse relief per year, although the number of actual taxpayers is smaller because a taxpayer often requests relief for more than one year. The majority of appeals are filed by women.
Details on innocent spouse relief can be found in IRS Notice 2011-70: http://www.irs.gov/pub/irs-drop/n-11-70.pdf
Sources:
Internal Revenue Service info:
IRS
Washington Post article:
http://www.washingtonpost.com/business/economy/irs-does-the-right-thing-for-the-innocent-spouse/2011/07/27/gIQAvn3VdI_story.html
Wall Street Journal report:
http://online.wsj.com/article/SB10001424053111904772304576468413081448544.html
The Role of Prenups in a New Jersey Divorce
Many people have heard stories about prenuptial agreements not always holding up in court. The reality is that courts will try to uphold private contracts in a New Jersey divorce, provided they were entered into with full knowledge and no coercion.
Historically, judges were suspicious of prenups because they were often used by the more powerful spouse to force the other spouse to agree to unfair terms. But today, prenups are used more routinely and looked at more favorably – when properly entered into.
To be enforced, a prenuptial agreement must be in writing, signed by both parties, and include a full disclosure of all assets and liabilities of both parties. In addition, each party is required to retain their own lawyer to separately represent their individual interests.
During a divorce, the burden is on the spouse challenging the validity of the prenup to show there was coercion in the creation of the agreement. Whether or not there was coercion, a party can challenge portions of the prenup as unconscionable.
Generally, the prenup is looked at as a regular private contract entered into voluntarily by two adults. There are areas that cannot be agreed to via a prenup. For example, parents cannot make agreements about custody of the children or parenting time via a prenuptial agreement.
Prenups are most commonly used to protect assets acquired before the marriage, and to set forth how certain properties obtained during the marriage would be distributed. They many times also address the issue of alimony.
If you are considering a prenup, or wondering if yours will hold up in a divorce, consult with attorneys experienced in handling New Jersey divorce issues. Used for the right purposes, prenups can often reduce time and costs of litigation in the event of divorce.
Divorce Lawyer – NJ Process for High Asset Divorce
New Jersey divorce law provides that all marital property shall be distributed equitably. But before a fair distribution can be agreed to, first the marital property and the separate property needs to be determined and then the property must be valued. Someone with many assets and/or complex financial holdings should consult an experienced divorce lawyer. NJ statutes, case law and prenuptial agreements will need to be reviewed to make sure your rights are fully protected.
There are several areas where an experienced attorney can guide you through the process. These include:
(1) If you or your spouse own a business – Businesses can be complex to appraise accurately, as there are numerous accounting procedures that can be difficult to wade through. Specialized experts called forensic accountants and actuarial experts can be utilized to provide a valuation on the business. Sometimes each party will each get their own appraisal with the two values to be used to ultimately agree on a fair value.
(2) Retirement Assets (401ks, IRAs, pensions) – In general, a QDRO will be performed to value that portion of retirement assets that were accumulated during the marriage (from the date of marriage to the date of the divorce filing).
(3) Real estate holdings – In addition to the primary residence, there may be vacation homes, commercial property or investment property. First, it must be determined if any portion of the property can be considered separate from marital property. Then the property must be valued, and a decision made about whether to keep it or sell it.
(4) Bonuses and Stock Options – There are accounting methods to help determine which portion of this type of compensation will be considered marital property subject to distribution.
It will take some time to properly value all of the holdings for high net worth couples. It’s important that you seek the advice of lawyers who specialize in New Jersey divorce law. They can make you aware of options for valuing and selling property to help ensure an equitable distribution.
3 Tips Regarding an NJ Uncontested Divorce
When it comes to getting an uncontested divorce, many people believe that it is as simple as someone filing, waiting a short period of time, receiving your divorce decree, and then it is all over. While an New Jersey uncontested divorce is usually easier to obtain than a contested one, it does not mean that it is necessarily a walk in the park.
Here are three important tips that those seeking an uncontested divorce in New Jersey should keep in mind, including:
If you decide to pursue an NJ uncontested divorce , you should work with a highly qualified family law attorney. By doing so, you are ensuring your case will be handled in a professional and expedient manner. At Weinberger Divorce & Family Law Group, LLC, our practice is dedicated to providing New Jersey legal support for divorce cases.
Division of Assets in New Jersey Divorce Law
New Jersey divorce law follows a theory of equitable distribution when dividing up marital assets. It’s important to understand that equitable does not necessarily mean equal, as in 50-50. Once all assets are valued, the court will strive for a “fair, but not necessarily equal, division” of marital property.
The law views marriage as a shared enterprise, and deems property acquired by either spouse during the marriage to be jointly owned. Generally, property owned prior to the marriage, and third party gifts and inheritance received during the marriage, are exempt from marital property (unless the property has been since transferred into joint ownership). The burden is the party wanting to exempt an item to show exempt status.
Those are the theories, but in practice many grey areas arise. In the case of certain property previously owned by one person and that remains solely in their name – such as the house or retirement funds – it can be shown that the other spouse is entitled to a fair share of the appreciation value during the marriage.
The court will examine several factors, including: (1) the length of marriage; (2) the standard of living during the marriage; (3) the economic circumstances of each party; (4) the age and health of the parties at divorce.
While each item’s history and use is relevant, so can be the parties’ current ages and relative economic positions. At the Weinberger Divorce & Family Law Group, each of our attorneys is experienced) in New Jersey divorce law. We know how the courts interpret the equitable distribution statute and can help you receive your fair share of assets to secure your future.
New Jersey Divorce the Only Viable Option for Many
Few people get married with one eye set on divorce in the future. It’s something that most of us don’t even like to think about. Marriage can take couples down paths that twist and turn and may even cause them to grow apart. As time goes on, circumstances can change, and getting a legal New Jersey divorce may become the only viable option for a couple to make.
Getting a divorce is not a decision that anyone should take lightly. Lives may change in dramatically different ways. Yet those different paths often become a blessing in disguise for couples who have tried to keep it together, to no avail. For many, divorce becomes a fact of life that needs to be handled in a compassionate and understanding manner.
Those seeking a New Jersey divorce will need to work with an attorney throughout the process. When it comes to choosing the right attorney, it is important to go with one who understands you and the challenges you are going through, and who will be patient and caring enough to help you through this time, standing by you every step of the way.
You may be going through a difficult time, but when you have someone by your side that has the expertise, experience and compassion to guide you through the process of obtaining a New Jersey divorce, you will feel better. Contact Weinberger Divorce & Family Law Group, LLC, we are here to help
Contact a skilled New Jersey family law attorney for help with domestic violence
It is natural for couples to have fights and various arguments throughout their relationship. However, when these fights escalate to include verbal abuse and physical assault, you should know that protection is available to you. Whether your abuser is your husband, wife, boyfriend, girlfriend or partner, domestic violence and abuse is a crime – seeking the counsel of a skilled New Jersey family law attorney is often the best method for getting help with this type of situation. For your protection, a New Jersey family law attorney can help you obtain a restraining order.
In New Jersey, a restraining order is a court-order issued by a judge that provides specific protection for your safety and well-being. If you are the victim of threats or abusive behaviors, you should contact a local police department, call 9-1-1 or go to a local court house and report the incident. A judge is available and is on-call, even after hours, for these types of emergency situations and has the power to execute an immediate temporary restraining order.
After a temporary restraining order has been issued, a formal hearing will take place before a superior court judge in the family division to determine if the temporary restraining order should be converted into a final restraining order. Both sides have the opportunity to present their cases to the court, and a judge will make the final decision. If granted, this restraining order serves as full protection for an indefinite period of time. If the abuser fails to comply with the terms of the final restraining order, the violation can result in a criminal record and possible jail time.
For domestic violence questions or concerns, contact us in New Jersey at the Weinberger Divorce & Family Law Group, or call us at (973)520-8822. We are a family law firm with the experience and commitment to help you with your most complex legal needs.
Could Your Couple Tattoo Lead You to a Divorce Attorney in New Jersey?
Over the last decade, more people in the state and throughout the country have branded themselves with tattoos. Many tattoos are of images, yet some take the shape of lettering. Some bleeding hearts go as far as showcasing the name of lovers and spouses. Could your couple tattoo lead you to a divorce attorney in New Jersey? Some celebrity couples have had the unfortunate experience of jinxing their union by getting tattoos. Here are three, widely-known celebrities who have made the inking mishap.
Angelina Jolie
Angelina made the mistake not one, not two, but three times! She first got the letter, ‘H’ branded on her wrist to symbolize her love for then boyfriend, Timothy Hutton. Did you get an initial of your loved one, then found yourself at the office of a divorce attorney in New Jersey? Don’t fret, you can do the same as Angelina; she now tells people that the ‘H’ stands for her brother, James Haven. Hopefully, you love someone that shares an initial with your ex too!
Pamela Anderson
Pam Anderson fell hard for rocker, Tommy Lee. After dating for under a week, the couple decided to get one another’s name tattooed on their finger. After some scandal and hardship, the relationship came to a close warranting the need to do something about the conspicuous ink. It is a good thing that the characters in ‘Tommy’ closely resemble those in ‘Mommy’ because that is how Pam solved her tattoo debacle.
Johnny Depp
Johnny Depp is in the hearts of many female fans across the globe, but at one point, his heart solely belonged to Winona Ryder. He was so enamored with her that he decided to get the sentiment, “Winona Forever” tattooed on his arm. The couple’s relationship did not land them at a divorce attorney in New Jersey, but they did split up. Johnny did not opt for altering his tattoo to symbolize his love for another person; he opted to idolize his love of drinking by changing the brand to say “Wino Forever.”
Getting a tattoo to symbolize the love of your sweetheart is an endearing sentiment, yet what happens if your love meets the same fate as the above celebrities? Before you pay a visit to your nearest tattoo parlor, think about the chance of one day finding yourself meeting with a divorce attorney in New Jersey. It may save you some money on the ink as well as the exercise in creativity to find a way to alter your tattoo!
Preparing Your Children for a Divorce in New Jersey
Divorce can sometimes be a heart-wrenching experience for all individuals involved. It is especially hard on children who have grown accustomed to their family life and may not yet be aware of the tribulations of life. A divorce in New Jersey can be emotional and psychologically trying on a young individual. While not easy, there may be ways to make things easier on your child and lessen his or her fears and anxieties about the future. Consider the following suggestions:
Breaking the news regarding your divorce in New Jersey
Child professionals suggest telling your child or children about the news together with your present spouse to present a unified front and to show the child that you both continue to love, care for, and support the child. Specialists emphasize simplicity and truth while deemphasizing specifics and ugly details which may place ‘blame’ on one parent over the other.It is important for the child to understand that the decision for a divorce in New Jersey was not in any way a result of the child’s behavior and that it is purely an adult decision. Consider emphasizing that the love you have for your child will never change.
Each child may react differently
You can expect a range of reactions from your children in response to your New Jersey divorce. Because a child is older does not necessarily mean they will react in a mature manner. Similarly, some children are beyond their years emotionally and may surprise you by quickly adapting to the change in their life.
It is important to encourage your children to verbalize and share their feelings with you. Otherwise, if they are experiencing confusion or inner turmoil, these feelings may materialize in a number of ways including seclusion, aggression, or carelessness for their body and safety.
Counseling can serve as an aid to children during a New Jersey divorce
It is understandable to be overwhelmed when dealing with your children’s reactions to a divorce, but you must address your own legal and emotional divorce-related issues. Many people find that professional counseling is helpful for them and their children. Think about using available resources such as social service agencies and psychologists to make the divorce in New Jersey easier on you and your child.
New Jersey Divorce Mediation is A Great Option for Parents
New Jersey divorce mediation, allows couples to end their marriage in a civil fashion. The media often portrays divorce as an ugly fight, between spouses. Recently, one A-list couple showed that not every divorce has to be a struggle. Ryan Reynolds and Scarlett Johansen split in December of 2010. They released a mutual statement saying, “After long and careful consideration on both our parts, we’ve decided to end our marriage. We entered our relationship with love and it’s with love and kindness we leave it. While privacy isn’t expected, it’s certainly appreciated.”
As this Hollywood example shows, sometimes a mutual divorce is a good thing for both parties. When a couple wants to remain friends after getting a divorce, they should consider the New Jersey divorce mediation process. New Jersey divorce mediation allows a couple to settle important issues outside of court. This is the best way to ensure that both sides have an equal say on important issues like child custody, child support, alimony, division of assets, and more. When you participate in New Jersey divorce mediation, you meet with your current spouse and a neutral professional, known as the mediator. You can both have top New Jersey divorce attorneys by your side, or just seek their counsel before and in between the mediation sessions.
New Jersey divorce mediation is a great option for couples like Reynolds and Johansen, who still care for each other, but know they are not meant to be with each other forever as a married couple. If you plan on raising your children with your former spouse, New Jersey divorce mediation may be your most logical option. It can allow you to remain friendly especially for the best interests of the children. After a successful New Jersey mediation, you can both move on with your lives in a similar way as Reynolds and Johansen.