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Divorce and Family Law Attorney

50 Northcrest Drive, Council Bluffs, Iowa 51503

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Yearly Archives: 2016

When a Spouse Is Not Working, Do You Use Zero as His/Her Income? Not Necessarily!

By Jul 11, 2016 Posted in Articles

In certain cases, there can be a spouse who has not worked for a period of time who states, for child support and alimony purposes, that he/she has “no income”.  That may technically be the case, but, legally the buck does not necessarily stop there.  The court has stated that a person’s earning capacity can be attributed to him/her when he/she is not working.  The Iowa Supreme Court stated that, however, “[b]efore using earning capacity […]

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“We Just Can’t Talk” – When Communication Breaks Down After the Divorce Is Over

By Jun 3, 2016 Posted in Articles

When a divorce happens, the custody of the children is one of the most important decisions made by the court.  The court can grant primary physical care to one parent, where that parent creates the “primary” home for the child and the other parent has visitation.  The court can also grant joint physical care of the minor children to both parents, where the children reside equally on a shared basis with both parents.  To change […]

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Taxability of Alimony – “Do I Have to Pay Tax on My Alimony?”

By Mar 18, 2016 Posted in Articles

In many divorce cases, alimony (which is also sometimes called “spousal support”) is awarded.  The concept of alimony is to award money from one spouse to the another during the pendency of the proceedings pursuant to an order of the court or after the entry of the Decree.  Alimony has to be court ordered to be tax deductible. In Iowa, there are three types of alimony: reimbursement, rehabilitative and traditional alimony.  Each serves a different […]

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Divorce and Your Taxes – Tax Filing Status: “How to File Taxes in Your Divorce”?

By Feb 15, 2016 Posted in Articles

The question frequently arises this time of year when a couple is going through a divorce: “How do we file our taxes this year?”  It is important to know that for two individuals to file a joint return, they must have been married on December 31 of the year for which the return will be filed.  If the parties are divorced before December 31, they are no longer considered married and cannot file a joint […]

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Tax Season and the Dependency Exemption

By Jan 25, 2016 Posted in Articles

In a divorce where there are children involved, the allocation of the annual dependency exemption for tax purposes is always discussed.  The IRS has taken the position that the allocation of the exemption should go to the spouse that has custody of the child(ren).  The court can, however, reallocate the exemption in a divorce proceeding.  Based on the passage of the Tax Reform Act of 1997 the exemption now also has other “rights” of use […]

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50 Northcrest Drive, Council Bluffs, Iowa 51503
Phone: 712.256.9899

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