INNOCENT SPOUSE AND IRS

INNOCENT SPOUSE AND IRS

INNOCENT SPOUSE: AN INTRODUCTION

innocent spouseFinancial decisions in a marriage are not always a joint venture; wherein both Husband and Wife cooperate in the decision making. In the first few years of my own marriage, my Husband filed our taxes for us. I would check to ensure he put in all my information, but I never looked to see what numbers he was putting into his part of the tax return. Now that I am an attorney practicing in divorce, I know the detrimental effects that can occur in these situations.

Sometimes the spouse in charge of the finances may make misrepresentations to the Internal Revenue Service (IRS) or they may not file a tax return at all. Even though only one spouse may be in charge of the finances, both Husband and Wife will be jointly and severally liable for any unpaid taxes, fees, interest, and penalties, even if you are the innocent spouse. When getting married, we put a lot of trust and faith in our spouse to do what is right, what is correct, and what is honest; but if something is done with your name attached, I urge you to be just as … Read More... “INNOCENT SPOUSE AND IRS”

Marriage: Better the Second Time Around?

Marriage: Better the Second Time Around?

Is Marriage Better the Second Time Around? Or, Are Second Marriages More Successful than First Marriages?

marriageMany years ago, a singing icon and legend, Frank Sinatra, released a song entitled “The Second Time Around”…..its words begin as follows—“Love is lovelier the second time around; Just as wonderful with both feet on the ground; It’s that second time you hear your love song sung……..Makes you think perhaps that love, like you, is wasted on the young”…he goes on to praise the greatness of second-time relationships. But, what are the facts about second marriages?  Do they fare well or do they fare poorly?

On September 15, 2011, Lisa Helfend Meyer posted an article entitled, “Second Marriage for Better or Worse”. The author and family law attorney stated that while 41 percent of first marriages end in divorce, the failure rate is even higher for second marriages with 60 percent ending in divorce.

While one would think that the individual having one failed marriage would be more cautious, more careful, more selective in choosing a new mate, research studies reflect that most divorced individuals become lonely and needy and want to be back in a relationship.  Hence, … Read More... “Marriage: Better the Second Time Around?”

Custody and Smoking Issues

Custody and Smoking Issues

custodyIf you smoke cigarettes, there’s a good chance that at some time in your past you’ve made a pact with a friend who also smoked that the two of you were going to try to quit smoking together, but you just couldn’t hold up your end of the deal.  In another attempt to quit smoking, maybe you’ve tried one of those “patches” but that didn’t do the trick either.  Perhaps you’ve seen those controversial commercials on T.V. where disfigured long-time smokers describe the major health problems that smoking has caused to their bodies, but today you remain a smoker.  Well, if you’re still a smoker, and you’ve tried repeatedly to give up the habit, the Family Law attorneys at Holzfaster, Cecil, McKnight & Mues may finally be able to provide you with the extra motivation you need to quit, especially if you are in a Custody dispute!  The new method that we are using to help our clients who are in Custody disputes to quit smoking is called the “You’re Going To Lose Custody of Your Kids If You Don’t Stop Smoking TODAY!” method.  This “method” that we are encouraging our clients to follow is … Read More... “Custody and Smoking Issues”

Complicit: Tattletaling Required on Local Ohio Campuses

Complicit : Tattletaling Required on Local Ohio Campuses

complicitStudents at local universities should be more aware of their surroundings while on their school’s campus.  Few students are aware that both University of Dayton (UD) and Wright State University have a charge called “Complicit” within their Codes of Conduct.  The charge of “complicit” allows the schools to discipline students who have not actually engaged in behavior that violates the Codes, but who have witnessed that behavior in other students.

Complicit Charge in University of Dayton’s Code of Conduct

At UD, the Code of Conduct defines “Complicit” as the finding that, “it is clear that the student witnessed, was present at, and/or has been determined to be responsible for allowing (condoning by failing to report) violations to occur in their assigned residence (room, suite, apartment, and/or house).”  This means that a student can be charged as complicit if a student sees another student violating the Code of Conduct, even if they do not participate. Failing to report is enough to find that student as complicit. While the Code states that the violation must be in the student’s assigned residence, a representative from the UD Office of … Read More... “Complicit: Tattletaling Required on Local Ohio Campuses”

Fatherhood Leads to Drop in Male Testosterone Levels

New Study: Fatherhood Leads to Drop in Male Testosterone Levels!

fatherhood

On September 12, 2011, the New York Times published an article regarding a recent study of six hundred (600) men in the Cebu Province of the Philippine Islands. The research study measured the testosterone levels of men when they were age twenty-one (21), single and without children, and again five years later after some had entered fatherhood. Fatherhood resulted in a great decline in testosterone levels when compared to the men who remained childless.

What is testosterone? Testosterone, called the “Father of All Hormones”, serves many purposes in the male body. The hormone is responsible for the following:

  • the growth and development of male sexual characteristics;
  • the deepening of the male voice during puberty;
  • the growth of facial and body hair;
  • the male sexual drive, i.e. “libido”;
  • the production of sperm;
  • the maintenance of muscle mass and strength; and
  • the ability to experience sexual relations.

What did researchers conclude when they determined that Fatherhood resulted in a drop in testosterone levels?

They agree that the testosterone levels decrease with fatherhood, as the Father becomes more involved with child rearing.  Men who spent more than three hours a day caring … Read More... “Fatherhood Leads to Drop in Male Testosterone Levels”

Divorce Celebration: Complete with Cake!

Should We Participate in a Divorce Celebration?

Divorce CelebrationThe word “celebration” is derived from the verb “celebrate” which is defined as “to commemorate an anniversary, holiday, etc., with festivity”. If you think of a birthday celebration, you think of gifts, a party, and a birthday cake! If you think about a wedding, you think about the ceremony, the reception that follows, and a wedding cake! If you think about someone’s graduation or retirement, there is the assumption of a party with a cake to be included with the celebration. But, do you think about a divorce celebration? Some persons do; and some bakeries are happy to oblige by providing divorce cakes.

There is a bakery in Broward County, Florida, that has been making divorce celebration cakes for approximately three years. The owner works carefully with her customers to create a cake that symbolizes the “happiness” or “celebration” in being “set free” or in celebrating a new beginning for a new stage in life. She advises that she sells approximately three divorce cakes per month. I shall describe three of the divorce celebration cakes that have been made at the Florida bakery:

  • A cake with the topping of a wedding ring
Read More... “Divorce Celebration: Complete with Cake!”

Parenting with an Uncooperative Ex

Parenting with an Uncooperative Ex: A Divorce Lawyer’s Perspective

Parenting Tips for dealing with an Uncooperative Ex Spouse!

parentingThis topic is an exceedingly broad one, but I will try to share my insights from my perspective as a practicing family law attorney for the past 34 years.  The original idea to write this article was that of Connecticut psychotherapist, Donna Ferber. I thought it was a great idea of hers to tackle this subject; from both a therapist’s perspective and a lawyer’s perspective.  Here is the link to Donna’s perceptive take about parenting with an uncooperative parent in her blog article, The Uncooperative Co-Parent, posted on her blog February 18, 2012.  In addition, she gave me permission to repost her article in this blog on February 29, 2012.

When the parties have children, while it might be desirable, it’s impossible to apply a “no contact rule” and completely disassociate themselves from their uncooperative ex spouse. The parties have to come to some sort of arrangement when they have children and when there is parenting time with their ex-spouse. Ideally, in parenting, parents should develop a direct channel of communication with each other and not use their children as messengers. … Read More... “Parenting with an Uncooperative Ex”

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