Monday, August 24, 2009

Alimony and Tax

If you receive a monthly alimony payment, you are obligated to pay federal income tax on the alimony you receive (unless you obtain a private ordering which is very rare). Therefore, it is wise to calculate the estimated taxes you will be obligated to pay, and because you declare your alimony as income, your former spouse is allowed to deduct it on their tax returns (thus decreasing the amount of tax they will pay). So, it is wise to calculate the tax savings to your soon to be ex-spouse when negotiating how much alimony you are to receive. Money paid to you during your divorce case (temporary alimony) is not taxable as income to you unless it is in a Temporary Order entered by the Court. There are other rules that apply to determine the taxable effect of your alimony, and you should work closely with your attorney and accountant to determine the net amount of your alimony, versus the gross amount. Please be Careful!

Saturday, August 15, 2009

Tell the Truth

It is important to tell the truth when testifying in Court. You will always get more of what you want with the truth even if it is not pleasant. Divorce trials are bench trials, not jury trials. Judges hear testimony all day long, year after year. Although you may think you are pretty slick, for attorneys and Judges, it if fairly easy to tell when somebody is lying. Judges are human just as everyone else, so it is a natural tendency to punish or rule more severely against your position if you are lying. Everybody makes mistakes and everybody in the Courtroom, whether it is you, the Judge, the deputy, the attorneys, the court clerk or court reporter, has made mistakes and done stupid things. We know you are not perfect as nobody else is, so tell the truth and you may be pleasantly surprised by the outcome of your matter.

Thursday, August 6, 2009

Pre Nups Beware!

There is always, and I repeat always, one (1) very upset spouse at divorce time when a Pre Nup is signed. No matter what is told to you, the reason your spouse is asking you to sign a Pre Nup is because they want to give you less then you are legally entitled to when it is time for your divorce. Ever Pre Nup should have a "sunset" clause, when once you are married "x" number of years, it becomes null and void. That is the only way to equalize what you are waiving (which is usually alimony and money for your attorney to represent you in your divorce) if you are sign one because you are an emotional hostage at your wedding time. Do not sign a Pre Nup unless you have an experienced attorney negotiate a very fair one for you!

Sunday, August 2, 2009


Often during the process of your divorce, you will feel sad, confused and lost. Embrace that feeling as it is a Great Opportunity for your Healing. Chant the Mantra "Ra Ma Da Sa, Sa Say So Hung" often and your healing shall begin. It is the Siri Gaitri Mantra and it is chanted for healing. Ra is the sun, Ma is the moon, Da is the earth, and Sa is Infinity. Say is the totality of Infinity and So Hung is "I am Thou". Ra Ma Da Sa is the Earth Mantra and Sa Say So Hung is the Ether Mantra. Your soul is in your body because that is where you decided to experience life at this time, so Be. You are suppose to be where you are right now. Do not be afraid. Tomorrow will come. It always does. What do you think about what you were doing ten (10) years ago. Do you have the same intense feeling about whatever you were concerned about ten (10) years ago, whether it was job, school, kids, family or spouse. No, why, because it has past. It is in the past. You survived. You will survive again. Ten (10) years from now, you shall remember, if you choose, that it really did not matter as much as you thought it did. SO STOP IT RIGHT NOW! That is because you cannot, nor do you want to, predict your future. So stop trying now! If you knew your future, life would be BORING. Boring is death. Your soul will depart your physical body when it is ready. RA MA DA SA, SA SAY SO HUNG.