Prenuptial Agreements Are on the Rise, And More Women Are Requesting Them

In my law practice, I am a fan of prenuptial agreements. It is interesting to see them on the rise among women. That must indicate that women are becoming more and more financially well off prior to marriage, necessitating a document to protect their assets.

I also believe that prenuptial agreements are important because they help couples have that financial discussion before marrying. So many of the divorcing couples I work with have simple never had the conversation.

Additionally, one needs to consider that all couples have a prenup. It is either one you write yourself or the default prenup written by your state legislature. I prefer to write my own thank you very much.

Read the Article at HuffingtonPost

For more information about how Weber Dispute Resolution can help you with your prenuptial agreement, click here.

Real also:

https://weberdisputeresolution.com/prenuptial-agreement-formalities/

https://weberdisputeresolution.com/debunking-prenup-myths/

San Diego Attorney Sandra Morris on Why Collaborative Practice Saves Money

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My friend and colleague, Sandra Morris, is an outstanding family law attorney in San Diego and a member of the Collaborative Family Law Group of San Diego.  She recently shared a great article about the cost benefits in choosing Collaborative Practice to do a divorce as opposed to the terrible cost of litigation.  It’s a good read.

My favorite quote from the article: “The economic and time savings in the costs of discovery is enormous. You have saved time, and therefore saved money.”

Here is a link to the article: http://collaborativefamilylawsandiegoblog.com/?p=349

For information about how you can use Collaborative Practice for your divorce or legal dispute, contact Shawn Weber at 858-345-1616 or visit http://www.bravewebermack.com/Family-Law-Overview/Collaborative-Divorce.shtml.

My Fourth Appearance on The Real Estate Radio Hour on ESPN 1700 AM

By Shawn Weber, JD, CLS-F

On April 4, I had another opportunity to go on San Diego ESPN 1700’s Real Estate Radio with my good friend and fellow collaborative divorce practitioner, Justin Reckers, CFP®, CDFA, AIF®.  It was a great opportunity because we had the full hour to ourselves to talk about divorce processes.  I have been a long believer that people facing a divorce need to take control early and decide what process they wish to use to complete their divorce. So many people and attorneys just jump straight to litigation, which for most people, is the the very worst way to transition a family.  It is more expensive and more destructive.

I was pleased that Justin and I had the chance to tell about mediation and collaborative divorce as excellent options for parties to reduce cost, take control of the outcome and transition their families in as healthy a way as possible.

Listen to the whole show here:

The Real Estate Radio Hour on ESPN 1700 AM

 

Shawn Weber, J.D., CLS-F

Justin A. Reckers, CFP®, CDFA™, AIF®

My ex and I are divorced, but have a child together. Can I claim the dependency exemption for my child on my taxes?

Rules regarding who can claim a child on his/her taxes can be found in IRS Publication 596. In general, you can only qualify to claim a child for a tax credit or dependency exemption if the child has lived with you for over half of the year. For those parents that aren’t sure exactly how to file their taxes now that they’re divorced, it might be worthwhile contacting H&R Block for tax support. They can provide useful advice about claiming children on tax reports to make sure the report is done on time. Raise even has some promo codes for H&R Block on their website (go now). Hopefully, that will help.

Child care is difficult when parents are divorced, especially when it comes to tax. Sometimes in crafting child support orders, family law professionals and courts deliberately plan to give the noncustodial parent the dependency exemption and child tax credit. This is especially true if the support recipient has lower income and is in a lower tax bracket and the supporting parent is in a higher tax bracket. The party in the higher tax bracket may be able to make better use of the exemption and credit. Sometimes allowing that person to claim a child will enable us to order a higher amount of support because there is more disposable income available to pay support. It’s a win-win for everyone.

The IRS allows the noncustodial parent to claim a child if each of the following requirements are met:

“1. The parents:

a. Are divorced or legally separated under a decree of divorce or separate

maintenance,

b. Are separated under a written separation agreement, or

c. Lived apart at all times during the last 6 months of 2012, whether or not they are

or were married.

2. The child received over half of his or her support for the year from the parents.

3. The child is in the custody of one or both parents for more than half of 2012.

4. Either of the following statements is true.

a. The custodial parent signs Form 8332 or a substantially similar statement that he

or she will not claim the child as a dependent for the year, and the noncustodial

parent attaches the form or statement to his or her return. If the divorce decree or

separation agreement went into effect after 1984 and before 2009, the

noncustodial parent may be able to attach certain pages from the decree or

agreement instead of Form 8332.

b. A pre-1985 decree of divorce or separate maintenance or written separation

agreement that applies to 2012 provides that the noncustodial parent can claim

the child as a dependent, and the noncustodial parent provides at least $600 for

support of the child during 2012.”

IRS Publication 596 (2012) [http://www.irs.gov/pub/irs-pdf/p596.pdf].

Remember, without a signed Form 8332 or equivalent, the noncustodial parent may not claim the child.

This article is intended for informational purposes only and should not be construed as legal or tax advice. Remember, because every case is different, nothing replaces personalized advice from a professional. For further discussion of divorce and custody related tax issues, call attorney Shawn Weber at 858-410-0144 for a free telephone conference or go to his website at n4d.8c6.myftpupload.com/.