Tax Law

Applying for Innocent Spouse Relief-Know Your Options

If your ex-spouse understated their taxes, you may qualify for innocent spouse relief. Under the IRS definition, an innocent spouse has never intentionally understated their tax liability. In other words, he or she didn’t know that their ex-spouse owed money. Once you file Form 8857, the IRS will calculate your tax debt. In most cases, you’ll be entitled to all of the understated tax, including interest and penalties. In most cases, you’ll have to prove that you were unaware of your spouse’s understatement of tax.

Fortunately, there are several options for innocent spouse relief. First, if your spouse filed a joint return with an understated amount of tax, you may be able to qualify. As long as you didn’t know about the error and didn’t have any reason to know about it, you may be eligible for innocent spouse relief. In some cases, you can even apply for innocent spouse relief if your spouse engaged in fraudulent transfer of property.

In the past, the IRS has been very strict with the types of relief available to innocent spouses. Generally, innocent spouse relief is only available for unreported income and that you must meet strict requirements. In the new IRS code, taxpayers won’t have to specify which type of relief they qualify for. If they do qualify for another type of relief, they’ll need to file separately. So, how can you apply for innocent spouse relief?

In most cases, innocent spouse relief will not be granted if the IRS can prove that the tax burden was understated. This is because it would be unfair to hold the innocent spouse liable for an understated tax if they didn’t know about it. This relief is generally not granted on the basis of the application alone, and many applications are rejected without even a chance of being approved. When applying for innocent spouse relief, you’ll need to know that the IRS receives more than 50,000 applications per year. Just about half of these applications will be granted, so the chances of obtaining it are slim.

Generally, you can apply for innocent spouse relief if your spouse didn’t make any mistakes on their tax returns. It’s important to note that the IRS does not have the resources to review every joint collection account to determine who’s the innocent spouse. Therefore, you should hire a tax lawyer to help you. The IRS must notify your spouse of your intent to file for innocent spouse relief and allow your spouse to participate in the process.

Innocent spouse relief must be requested within two years of the IRS’ first attempt to collect tax. However, if you have been unable to manage your financial affairs during that time, your application may be considered timely if you meet other criteria. You’ll need to show that you paid the tax with your own money – a bank statement or a canceled check will do. If you paid with individual refunds, the IRS does not require you to provide proof of your involvement in the erroneous item.

The deciding factor in determining whether you qualify for innocent spouse relief is the type of liability you incurred in your marriage. The determining factor is whether your spouse filed joint returns or not. If he or she did, the other spouse filed a joint return for the same tax year. If your spouse filed a joint return, that return contained a substantial understatement of tax that was due to grossly erroneous items on the other spouse’s return. In such cases, the innocent spouse is not liable.

Innocent spouse relief can be obtained in many ways. The most common way to raise the issue is by filing a Form 8857. Form 8857 is designed to gather information about the case and the factors that may help your spouse obtain relief. In part VI, the requesting spouse can tell their story. A good narrative will weave in all the facts that may make it possible to qualify for innocent spouse relief. So, if your spouse is unsure about the status of his or her marriage, don’t worry.

If you are not eligible for innocent spouse relief, you can still receive equitable relief. But you must meet other requirements for this relief, including establishing unfairness and meeting other requirements outlined in Publication 971. You may also qualify for equitable relief if your ex-spouse abused you, manipulated your finances, or used unfair means to get the money. Regardless, you can appeal the decision to the IRS. The IRS may change its mind or grant innocent spouse relief.

Tax Law

Unsettled Tax Debt – What are Your Options

There are a number of options for taxpayers who are facing unsettled tax debts. These options include bankruptcy, failed comeback case submissions, and seeking the assistance of an IRS lawyer. IRS lawyers specialize in dealing with tax issues and will work with the IRS to help taxpayers minimize their tax debts and avoid bankruptcy. Tax attorneys understand how the IRS process works and will know how to best protect taxpayers’ rights.

While many taxpayers may have difficulty with IRS collection efforts, there is hope. The IRS and state revenue departments can be relentless in collecting tax debts. Not only can the taxpayers face higher penalties and fees, but they could have their credit opportunities and possessions seized. This is where the services of an IRS tax lawyer can help. By hiring a qualified attorney, you will receive the help you need to fight the IRS.

An offer in compromise (OIC) is another option for taxpayers with unsettled tax debts. An OIC allows a taxpayer to settle their debt for a smaller amount than it was originally due. It is often the best option for people with low incomes and limited resources, since this approach is more likely to be accepted by the IRS. An Offer in Compromise can be difficult to get approved, so only those with low incomes or businesses may be eligible for it.

Taxpayers should never ignore an unsettled tax debt because it may be difficult to pay. It is important to remember that the IRS’s primary goal is to collect taxes, but they also have a duty to act fairly and encourage voluntary compliance. By allowing some taxpayers to negotiate their tax debts, the IRS can avoid filing a levy on their property, which will make it more difficult to refinance a home.

The IRS offers repayment plans for unsettled tax debts, which can be as little as $0 or as much as $225. Most taxpayers who qualify for these plans can get their debts reduced through an offer in compromise, if they can show that they can pay a small amount each month and cover other expenses. These plans may also be a good option if you have good income and don’t mind paying a small monthly fee to the IRS.

Taxpayers who ignore their unpaid debts may be faced with a number of penalties and increased costs of taxes. Late fees start at 0.5% of the tax debt. Interest accrues at the federal short-term rate plus three percent. If this continues, the government may file liens on your property, garnish your wages, or seize your assets. This can severely hurt your finances. If ignored, tax debts can destroy your credit.

A business owner can also take steps to protect themselves by examining the background of a potential business partner. Performing a background check on a potential business partner can expose the person’s past tax problems, including any debts with the IRS. If a business partner doesn’t have the experience or success in the field, it can become a target of unsettled tax debts. In such cases, it is crucial to protect assets that have been invested in a business.

Once an unsettled tax debt has accumulated enough interest and penalties to make it impossible to pay, the IRS will seek to collect the debt. Moreover, if you do not make payments, the IRS may levy a portion of your paycheck or apply a tax refund towards the debt. Although the IRS prefers to work with taxpayers to reach an amicable agreement, it does have its share of penalties. The vast majority of penalties for nonpayment are monetary in nature. Criminal penalties are reserved for tax fraud.

While the IRS has the right to levy the assets of unpaid tax debtors, this rarely happens. The government will issue several notices before taking an asset. It may also levy a life insurance policy. Whether an asset is worth $700k or $1.8 million, the IRS can seize it if the debtor doesn’t pay it within a certain amount of time. Despite the legal threats, this situation is relatively easy to avoid.

Family Law

Is Shared Custody Right for You?

While many couples prefer to keep their children with one parent, shared custody is not always the right choice for everyone. The primary parent must present their side of the story and prepare evidence for the court. Both parents must have compassion and understand that their desires are important. The shared custody process is about the wellbeing of the child, not about who gets the child first. A 50/50 split may be appropriate in the future. Until that time, though, it is best to approach the shared custody process with an open mind and a desire to reach a compromise.

When children are involved, shared custody arrangements allow both parents to have frequent contact with their children. In addition to frequent visits, shared custody arrangements give each parent an equal opportunity to make important decisions for their child. These decisions include health care, religion, and education. Children should be provided with a home that is both familiar and comfortable for both parents. Shared custody orders also allow both parents to contribute to a child’s upbringing and establish a consistent home environment.

While equal parenting time is ideal, it is not always practical or the best option for the child’s emotional well-being. It is better for the child to spend quality time with both parents, and many parents find shared custody arrangements to be an excellent option. The best thing parents can do for their children is to keep a calendar and diary. Keeping a calendar and diary is a good way to keep track of things and clarify the rules.

While shared custody arrangements do not work for everyone, children tend to do better with both parents involved. They have a better chance of bonding if both parents live in the same town. Besides, it is easier for children to bond with both parents. However, even the best parents will have disagreements from time to time. A good parenting plan is important to a shared custody arrangement. As much as possible, parents should be as detailed as possible in their parenting plans.

If the parents cannot come to an agreement, it is best to turn to mediation. Family mediation is often a cheaper and faster option than going to court. Moreover, it promotes peaceful communication. If the parents cannot reach an agreement, they can request a modification of the custody agreement if their circumstances have changed. This may result in a compromise that works for both of them. If there is a change of circumstances, parties may also seek child custody mediation to resolve the disagreements.

While shared and joint custody have some elements in common, there are significant differences between them. It is important to understand the differences between the two before deciding which custody arrangement is best for you. If you’re getting a divorce, it’s essential to understand the difference between shared and joint custody. If you know what these terms mean, you can better prepare yourself for the process. This way, you’ll have less to worry when you’re faced with this decision.

While daycare is an option for parents who share custody, there are a number of other factors that must be considered. For example, it is important to remember that daycares may be prohibited for children from violent situations. While the daycare will provide a safe and fun environment for kids, it may not be appropriate for a child to be exposed to a hostile environment. Therefore, it’s important to discuss the rules with your child’s daycare before deciding on a plan.

Family Law

Family Law Based on Domestic Violence

The abuse of a partner can lead to many negative outcomes. Some abusers are so controlling and aggressive that they put their victims down, blame them for the problems in the relationship, or even hurt them intentionally. Others may use threats, humiliating gestures, or words to belittle or make them feel inferior. Others may sabotage employment opportunities, and even monitor their phone calls or car usage. Abuse of a partner can even include threatening harm to children.

Family court cases involving domestic violence are common, but the court does not automatically rule against a parent who abuses a partner. It’s important to present this information early to a judge to ensure that you get the best results for your child. If the abuse is serious enough, a judge may require the parent who is abusing the children to complete a treatment program or post bond. Courts may also investigate allegations of domestic violence, and victims may receive a larger share of the marital assets.

To prevent violence against a partner, it’s important to understand the underlying causes and the signs of abuse. If you have a suspicion of abuse, you can contact the National Domestic Violence Hotline. Be supportive, but avoid passing judgment. If your loved one is struggling with abuse, praise their efforts and encourage them to seek safety. A family law attorney will help you file a complaint and protect your rights. You should never leave a loved one alone to suffer from domestic violence.

When filing a claim for domestic violence, it’s important to provide witnesses and evidence to prove your case. A primary care physician may document physical abuse, but a trusted family member may also serve as a witness in court. If you are able to provide a witness, it may be helpful to submit screenshots and photos of your injuries to the family court. The victim’s story is important to the case. You’ll need the support of witnesses to prove your case.

When it comes to domestic violence, it’s important to realize that each state approaches the topic differently. Physical violence, such as hitting or slapping, is a crime. Even trespassing or disorderly conduct can be considered domestic violence. Many states have also added animal cruelty and stalking to their list of offenses. If you suspect your partner of committing an act of domestic violence, you should contact the authorities immediately. The sooner you report it, the better off you will be.

The New York State Domestic Violence Prevention Act (DVPA) outlines how to file a restraining order if you have been the victim of domestic violence. You must be related to the abuser in order to qualify. Abuse can include hurting, pulling hair, stalking, harassing, or destroying property. Besides physical violence, emotional abuse may be a crime. While there are some legal options available, the best way to begin the process is to get your own lawyer and file a petition.

The United States recognizes the rights of a victim of domestic violence. A victim has the right to speak with a lawyer, refuse to answer questions without an attorney, and speak up for themselves. If you are a victim of domestic violence, consult a criminal defense attorney and an immigration lawyer to protect your rights and your freedom. In addition, you can seek help from a non-governmental agency for counseling, interpreters, safety planning, and monetary assistance.

The definition of a victim of domestic violence varies from state to state. A victim of domestic violence can be a woman or a man, and can be male or female. The laws apply to both heterosexual and same-sex relationships. The laws in these states define the various degrees of domestic battery and can be interpreted broadly to protect the most vulnerable members of the family. In addition, the laws also protect persons who live in a dating relationship or have significant relationships with the victim.

Most victims of domestic violence don’t feel that they were abused, and if they do, they tend to not report it. Male victims of domestic violence are especially shy about reporting abuse because they are embarrassed to be accused of violence. In addition, studies show that the victim of domestic violence will continue to assault the victim if they don’t obey. While physical violence is often the first form of abuse, verbal and emotional abuse are also deadly.

Family Law

Grounds for Filing for Divorce – How to Use Them to Get Your Divorce

Filing for divorce can be an emotional process, but it can also give you the power of self-determination and self-assurance. Filing early can give you more time to prepare for the process, since you’ll have 20 days to respond to your spouse’s petition. During that time, you can gather any financial records and account numbers to support your case for custody. You can even prepare for a financial battle beforehand, so that you’re prepared for whatever may come your way.

Aside from physical abuse, there are other grounds for filing for divorce. For instance, if you’ve been exposed to alcohol or drugs, or if your spouse has made you physically or emotionally unstable, you could use these grounds to get a divorce. The key to success is to be as objective as possible and document the entire process carefully. If you can’t agree with your spouse, consider consulting with a divorce attorney first. He or she will know the best grounds to use to make your case.

Some couples file for divorce because their spouse committed adultery. However, this situation often occurs before the divorce. If your spouse was having an affair before filing for divorce, courts may question whether or not the division of assets is fair. In such cases, they may award a larger share to the spouse who did the wrong. So, be prepared to wait a long time to get your divorce. It will make things more complicated. You may also need to file a restraining order to protect yourself.

The petitioning spouse will file a Complaint for Divorce with the court. The Complaint for Divorce states what he wants in the divorce. However, it’s important to remember that divorce is a negotiation process, and you don’t want to ask for too much. Too much information will make your spouse overly reactive and refuse to negotiate. You may end up being sued and facing the possibility of bankruptcy.

When the petition is filed, you should mail copies to your spouse. You should also complete the Certificate of Service section. You can find this information on your Answer or Counter-Complaint form. You can also watch the video above to learn more about these steps. If you are unable to complete these steps in time, you should contact the clerk of your district court to help you prepare. The clerk will be able to help you with your paperwork.

The spouses must agree on the divorce. They can agree to it or contest it. You can apply as a poor person if you cannot afford to pay for the divorce. In some cases, you may not have to pay the filing fee. But if your spouse disagrees with the papers, you can file a Complaint for Dissolution based on your finances. It’s a legal requirement, so if you’re not financially stable, you can consider this option.

Residency requirements vary by state. Most states have residency requirements that prevent spouses from filing in a state that has less favorable laws. In Michigan, for example, filing for divorce requires you to live in the state for at least 180 days and in the county where you filed. However, if you live in a state without residency requirements, you can still file in your state of choice. You can also file in a different county or state depending on the needs of your children.

Divorce laws also have laws on the division of assets. While you cannot find your spouse, you can still file for a divorce. You can prove that you have searched for your spouse diligently before filing for divorce. In this case, you can also submit an affidavit of diligence. You must also ask permission to serve your spouse if you cannot serve him or her. This can be a very complicated process. When you decide to file for divorce, you should consult an attorney who specializes in family law. It will be a great help for you and your children.

Filing for divorce should be done only when you are ready to handle the legal issues. If you are going to file for divorce, you should have your financial situation in mind before you begin the legal process. Start saving for your future and secure a line of credit. If possible, open a new credit card in your name. While you’re going through this difficult period, your financial future should be your top priority. In addition to financial planning, you should also seek legal assistance, especially early on.