tag:blogger.com,1999:blog-3477794429426738181.comments2024-03-03T03:46:33.934-05:00Skylark BlogKelsey & Trask, P.C.http://www.blogger.com/profile/05241677623102829217noreply@blogger.comBlogger394125tag:blogger.com,1999:blog-3477794429426738181.post-85187647558765121062023-05-15T10:04:23.786-04:002023-05-15T10:04:23.786-04:00This should go without saying, but empty gestures ...This should go without saying, but empty gestures are exactly what they appear to be. On the other hand, when a gesture is meant to convey meaning and acknowledgment that can be quite powerful.Skylark Law & Mediation, PChttps://skylarklaw.com/noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-42659872114108134692023-05-13T18:21:52.596-04:002023-05-13T18:21:52.596-04:00Don’t send a card if it’s a thinly veiled insult. ...Don’t send a card if it’s a thinly veiled insult. I know of an ex husband who sent a Mother’s Day card to his ex depicting before and after photos of having children. The before was a beautiful afghan dog, the after was a disheveled, ugly looking stray. Yes, he can say “I’m such a good guy, I even sent her a card!” but it’s a hollow gesture and rude. It’s better to not send one at all. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-44033906103384320072021-11-07T21:53:03.804-05:002021-11-07T21:53:03.804-05:00The approval of the Agreement at the hearing doesn...The approval of the Agreement at the hearing doesn't immediately result in a Judgment in Joint Petition cases (30 days later), but does in Complaint cases. <br /> The Judgment of Divorce Nisi that then issues is a court order that is enforceable so it could be used by the IRA admin to divide the account. However, many admins prefer to wait until there is a finalized decree which is 90 days after the Judgment of Divorce Nisi, in Massachusetts. Because a certified Divorce Decree is not available until the end of the Nisi period, if that's a requirement of the Plan, then you're stuck until that's available. While I suppose a Complaint for Contempt could be filed against the IRS admin for not following the Judgment of Divorce Nisi, to test this theory, it probably woudln't be heard by the court until after the time passed anyway. Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-26813088895069722262021-11-07T20:15:28.005-05:002021-11-07T20:15:28.005-05:00When can IRAs be divided after the separation agre...When can IRAs be divided after the separation agreement is approved by a judge? <br /><br />Our brokerage firm says, "We just need…<br />The finalized Divorce Decree (signed by a Judge)<br />And the official separation agreement title page, any pages that reference the Accounts, and the signature pages.<br /><br />How soon after the judge's approval can we get the finalized Divorce Decree (signed by a Judge)?<br /><br />One MA divorce blog says, "anything that is in the actual Agreement (separation/divorce) would become effective and a Court Order on the date the judge approves the Agreement." That seems to mean IRAs could be divided immediately after the judge's approval. <br />http://alexnesson.com/what-is-and-why-is-there-a-waiting-period-after-a-divorce-agreement-is-approved-by-the-court-in-ma/<br /><br />Another says, "all the substantive orders that are a part of the Separation Agreement (including child custody, property division, child support, and spousal support) will become enforceable and effective as soon as the Judgment of Divorce Nisi is entered." That seems to say IRAs could be divided 30 days after approval. <br />https://davislawgroupma.com/what-you-should-know-about-the-nisi-period-in-a-massachusetts-divorce/Franklinhttps://www.blogger.com/profile/01630766602512248003noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-27415603996112903962021-05-13T10:49:22.388-04:002021-05-13T10:49:22.388-04:00Why not both?Why not both?Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-50414153068805457162021-05-13T10:25:41.951-04:002021-05-13T10:25:41.951-04:00Even when you are married to someone eles who is a...Even when you are married to someone eles who is also a mother to your other son? My husband texted praises to his ex for being an amazing mom and all he did for me was say HMD and give me flowers. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-3542211398281975652021-04-15T12:24:17.006-04:002021-04-15T12:24:17.006-04:00A request that the court enforce a Judgment would ...A request that the court enforce a Judgment would typically be done by Complaint for Contempt. If you contest the judgment, you would risk the orders you want enforced being undone. That seems counter to what you want to accomplish. Of course, every situation is unique and to be sure what your best option is you should consult with an attorney in your county.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-23942906015849647272021-04-15T12:00:31.944-04:002021-04-15T12:00:31.944-04:00Monday is the end of the 90 day waiting period aft...Monday is the end of the 90 day waiting period after final divorce hearing. My ex has refused to follow through on agreements set down in separation. This has affected my tax returns and has withheld my half of the stimulus check that was to be divided in half per divorce agreement. He simply refuses to respond in any way. If I file a contest today or tomorrow because of this, will it grind this 90 day wait to a half because he has been non-compliant? I simply want what is legally mine. Stopping the divorce this way and needing to have 90 days reinstated after he has followed through is the only motivation that will work. Thank you.Kim Quinnhttps://www.blogger.com/profile/15451474923511364527noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-38120708566110014152021-03-24T10:30:27.130-04:002021-03-24T10:30:27.130-04:00We cannot provide legal advice in Florida. Whethe...We cannot provide legal advice in Florida. Whether a retirement account is considered a marital asset (and on what proportion) is a matter of local law and you should consult with local counsel. Pensions and Retirement accounts, including government pensions and TSPs, can be divided as part of a divorce by use of a Qualified Domestic Relations Order. Whether or not it should be in your case is something you should get local advice on.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-35452785011398786882021-03-24T04:17:33.050-04:002021-03-24T04:17:33.050-04:00
My husband and I are divorce online here https://...<br />My husband and I are divorce online here https://floridaonlinedivorce.com.<br /><br />My question is what portion of my retirement account, if any, is my husband entitled to? Same question for me for his.<br /><br />Additionally, am I correct in assuming that we are only entitled to the gains/losses accrued during our marriage (12 years) and that anything earned before our marriage is considered separate property?<br /><br />I’m a former government employee (now retired) and have a Thrift Savings Plan (TSP). He is employed by a corporation and has a traditional 401k.<br /><br />We are in Florida.Ropellehttps://www.blogger.com/profile/05706170303178243579noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-27333406895673425882021-03-21T20:26:08.768-04:002021-03-21T20:26:08.768-04:00Danielle,
I completely agree that tools are requi...Danielle,<br /><br />I completely agree that tools are required to prevent victims of domestic abuse. The people committing domestic violence, often target their victims indirectly, attempt to manipulate the victims emotions, and harass them.<br /><br />Myself. I've had a somewhat disturbed woman, look me in the eyes in a fit of rage and threaten to put a bullet in my head, in those very exact words, screaming at me and pushing me...only to have a 209A filed against me on the spot.<br /><br />It was abused as a means of extortion and harm. <br /><br />There are always trade-offs and nothing is perfect in life. At the same time, depriving someone of property rights and harming their reputation, with no more than a simple spoken word, no burden of evidence, can harm innocent people. <br /><br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-2552775188263263672021-03-18T15:59:15.615-04:002021-03-18T15:59:15.615-04:00It varies county to county and judge to judge, but...It varies county to county and judge to judge, but I have heard judges are generally open to tax analysis that help them understand the after-tax equivalent of the 30-35% pre-tax. Depending on the incomes in some cases that may be as low as 19% and in other as high as 30%, so a full tax analysis is recommended. Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-17810337985157470892021-03-18T15:14:44.768-04:002021-03-18T15:14:44.768-04:00Do we have an update on what judges are ruling on ...Do we have an update on what judges are ruling on this now (2019-2021)? Have they been sticking with 30-35% or are they going with something closer to 20%-28%?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-29486183751203483762020-06-19T13:43:22.443-04:002020-06-19T13:43:22.443-04:00While we were married, my ex wife never once ackno...While we were married, my ex wife never once acknowledged my birthday or Father's Day. She lied to the guardian ad litem about me to get custody of our child and then left him with her parents for them to raise. I won't be expecting a Father's Day card from her this year and that's fine, in fact, I prefer it that way.<br />Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-63324003224316266672020-05-18T10:27:26.620-04:002020-05-18T10:27:26.620-04:00I absolutely agree with everything what is said ab...I absolutely agree with everything what is said above. My divorce is still in progress due to lockdown and it doesn't involve lawyers (we assumed filing it <a href="https://onlinedivorcer.com/utah-divorce-online" rel="nofollow">here</a>) so I can't even imagine when I should find time for meeting another person. I also believe that it is obligatory to give some rest to your emotional state and let everything settle down. Any new relationship could be based on traumatizing experience and the new person deserves to be loved not because of s/he helps you in your stressfull life moment or because of the fact that you need somebody to cure your lonely nights. Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-71704469067867653372020-03-19T14:23:02.180-04:002020-03-19T14:23:02.180-04:00There is a certain period of time in which someone...There is a certain period of time in which someone can request relief from a Judgment. It doesn't mean the court would allow him to reopen it but there is some risk. Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-67602824572170056102020-03-18T18:01:40.590-04:002020-03-18T18:01:40.590-04:00Loved reading this. As a divorced parent and sitti...Loved reading this. As a divorced parent and sitting with my son when I saw this episode and it just resonates with me. Always been a fan of Phineas and Ferb but loved this episode for the very reasons you described. Ive been trying to find a short video of the part of Vanessa telling her Mom about her Dad being evil. The episode is "I scream" but can't find snipits of that part in particular. Enjoyed finding this Blog post tho. Thanks. Happy Dadhttps://www.blogger.com/profile/02580685694835690790noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-70719150692259157752020-02-11T18:45:01.044-05:002020-02-11T18:45:01.044-05:00 We had been separated for 8 years. He recently d... We had been separated for 8 years. He recently disappeared for 5 months. I truly had no idea where he was so I filed for divorce. Since I could not find hi, I put a notice in the paper. I went to trial on January 28 and received a Judgement of Divorce Nisis. He returned and received the notice. Can he go to court and overturn the divorce?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-1438739673086955662020-02-10T08:46:25.986-05:002020-02-10T08:46:25.986-05:00Most accountants I spoke with in 2018 indicated th...Most accountants I spoke with in 2018 indicated that the important date for determining whether the deduction would be preserved was when the Agreement was signed. However, I am not aware of any tax ruling on this issue yet. For more information read our related post: https://blog.skylarklaw.com/2018/07/will-alimony-tax-change-pressure.htmlSkylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-12866553633147614912020-02-08T12:15:31.812-05:002020-02-08T12:15:31.812-05:00On October 12, 2018 a judgment nisi decree was sig...On October 12, 2018 a judgment nisi decree was signed by both parties and the judgment was final with alimony payments to begin on that day. The absolute certificate of divorce came on January 11, <br /> With this information the tax deduction should be viable as the judgment decree was before 2019?Ingridhttps://www.blogger.com/profile/00597947596102645231noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-86249880898114410642020-01-16T12:47:52.138-05:002020-01-16T12:47:52.138-05:00A Separation Agreement typically has language that...A Separation Agreement typically has language that addresses this issue and ensures that property acquired after the signing of the Agreement is separate property. I suggest reviewing your agreement to see if it includes clarity on this issue.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-44194070048920856442020-01-16T11:24:17.891-05:002020-01-16T11:24:17.891-05:00Hello, My husband and I filed a final No-fault Joi...Hello, My husband and I filed a final No-fault Joint Petition with a signed Separation Agreement that states we are not dividing any assets. The hearing was on Dec 23. The judge approved the divorce and separation agreement as well as granted me the petition to revert to my maiden name. My question is: if I buy a property before the divorce is absolute does that automatically make this home part of the marital assets since we are still technically married? What are my risks? My concern is any difficulty I might have in the future when selling this home, I don't want to be running around for signatures from my ex.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-68737810483367349232020-01-06T08:46:04.889-05:002020-01-06T08:46:04.889-05:00The law on this issue varies greatly from state to...The law on this issue varies greatly from state to state. I suggest contacting a local attorney to find out the typical practice in your jurisdiction.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-85501113268987688532020-01-06T00:06:31.601-05:002020-01-06T00:06:31.601-05:00If the father of a child went to prison for murde...If the father of a child went to prison for murder. Would he be allowed custody of his child in the state of Tennessee?Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-3477794429426738181.post-5713196269384049872019-11-12T23:49:25.723-05:002019-11-12T23:49:25.723-05:00It's difficult from your description to tell w...It's difficult from your description to tell which date you're referring to without seeing the Judgment. If you show your Judgment to an attorney they should be able to answer your question.Skylark Law & Mediation, PChttps://www.blogger.com/profile/06250036288369242533noreply@blogger.com