An Overview of Tax Concepts in Minnesota Divorce
October 13, 2022 | Jason C. Brown
Let’s be honest. Tax issues are dull. But if you are facing a divorce, they play a vital role in the outcome of your case. Our family law attorneys understand the implications of tax law in family court and have preserved substantial sums of money for our clients as a result. A good starting point in a discussion surrounding tax and divorce involves the filing status of the parties after dissolution of their marriage. Parents can yield a substantial benefit if they are able to claim, “head of household.” All that is required is having a child reside in your home for the majority of the year. If parents share equal parenting time with more than one child, we will draft the decree in a manner that gives each a head of household status. The timing of the entry of the divorce decree can impact tax refunds or liabilities. Quite often we purposefully wait until after the first day of the year (or hurry things along before the year ends) under the premise that filing “single” versus “married” can have significant tax ramifications. Because tax refunds or liabilities are typically treated as an asset or debt of the marriage, the parties have a common tax avoidance goal. Many wonder whether a non-custodial parent…
Read MoreFamily Court Hearings: Tips and Strategies
October 13, 2022 | Jason C. Brown
Courtrooms are not meant to be friendly or comfortable. They exist for one purpose: decision-making. How do you stand the best chance at making a good impression on the judge? Here are ten things to keep in mind: Dress the part. The court does not expect you to wear formal attire to the hearing. At the same time, t-shirts and blue jeans are probably best kept for another day. Business casual is just fine. Refer to the court as “your honor.” Over the years, I’ve observed litigants call the judge “madam,” “sir,” or “judge.” All are tactful, but the path of least resistance is to simply use “your honor.” That way, the court’s train of thought won’t be disrupted. Leave your phone in the car. Cell phones are quite disruptive in a quiet courtroom setting. Some judges confiscate ringing phones and charge the owner to get it back – even when they thought it was on silent mode. Don’t take a chance. Speak only when spoken to. The judge is trying to manage a courtroom full of people as efficiently as possible. Follow their lead. If you are asked a question, answer it. But don’t try to take control of the situation. Don’t argue. It may sound counterintuitive, but there is a time…
Read MoreFamily Law ADR: Alternatives to the Courtroom
October 13, 2022 | Jason C. Brown
To the surprise (and relief) of many, only a small portion of the family cases we handle wind up in trial. The vast majority of the time our attorneys are able to negotiate a favorable settlement. Our firm has a reputation for success in the courtroom. Still, we consider trial as a last resort. Why is it important to focus on settlement efforts before trial? We find that the litigants will save substantial time and money if matters are resolved sooner than later. We also find that the parties are far more likely to abide by the terms of the agreement if they have created it. Most importantly, by working toward settlement our clients maintain control over the outcome, rather than handing that authority over to a judge. There are a number of alternative dispute resolution (ADR) models available to family court litigants. Mediation is a common process in which the parties and lawyers hire a neutral to facilitate a conversation about the issues. The mediator is there to offer suggestions on how to resolve matters but takes no position concerning the issues. Most mediators are experienced family law attorneys who have shifted their practice to ADR after many years in the courtroom. Evaluative mediation involves the retention of a neutral but gives…
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