Most Common Family Law Matters
March 31, 2016 | Elizabeth A. SchadingFamily law disputes can be emotionally draining for all parties involved. While there are numerous issues that fall under the family law umbrella, some are more common than others. Some of the most common issues include: Divorce Divorce is what most people think of most often when they hear the term “family law.” Simply put, divorce is the dissolution of marriage, and the process terminates the legal status a couple had together while they were married. In addition to losing the legal status of being married, couples will also go through the sometimes difficult tasks of dividing up their assets and debts, agreeing on child custody/support arrangements, and a host of other issues. Child Support/Custody Child support and custody issues are common during a divorce. Minnesota, like other states, has its own guidelines for determining how much child support a parent will need to pay, and these guidelines will vary by case. Child custody can be agreed upon by the parents outside of the courts, or if both parents cannot come to an agreement, the matter will be settled in court by a judge. The court will base its decision on the best interests of the child, and in some cases, may take the child’s wishes into account when making a final decision….
Read MoreThings to Update After Divorce
March 25, 2016 | William F. HuefnerThe divorce has been finalized. You’ve paid your divorce attorney. Now what? Aside from moving on with your life, there are several things that you’ll need to update after the divorce. [maxbutton id=”1″ ] While each case is unique, there are some common steps that nearly every couple will take after they’re officially divorced. These include: Dividing up all the property as per the divorce decree. Change your motor vehicle titles to reflect appropriate ownership as per your divorce decree. Change your name with Social Security and on your passport. Change the name on your driver’s license. The requirements for this will vary from state to state, but in most cases, you will need to change your Social Security card before you can change your driver’s license. Contact your auto insurer to notify them of changes in vehicle ownership, drivers on the policy and address changes. Ensure that your name has been removed from loans or debts that you are no longer responsible for. If you change your name after the divorce, make sure that you notify all of your creditors of this change. Remove your name from the joint bank account and the mortgage, if applicable. Open a new credit card in your own name, and use it to make purchases. Don’t…
Read MoreBusiness Law Information: New Ruling Allowing an LLC to adopt an ESOP
January 27, 2016 | Barna, Guzy & Steffen, Ltd.The IRS released a recent Private Letter Ruling (PLR 201538021) that surprisingly allows a Limited Liability Company (“LLC”) to adopt an ESOP. This is a new development that should be considered with caution since a PLR only applies to the taxpayer that asked for the ruling and there are some pre-requirements that may continue to create a tax problem if implemented. Here’s the story: Background The rules under the Internal Revenue Code have so far limited the use of ESOPs to C- or S-Corporations. One of the requirements for an ESOP is that it invests predominantly in qualifying employer securities. LLCs were not permitted to have ESOPs because the membership units were not considered qualifying employer securities. As a result, an LLC had to be converted to a corporation in order to utilize an ESOP. Although the process may not be all that complicated, it sometimes created adverse tax consequences for a converting owner. New developments In a the recent Private Letter Ruling mentioned above, the IRS ruled that the membership units of an LLC will be considered as qualified employer securities under the Internal Revenue Code. This means that an LLC could establish an ESOP and have it hold LLC units. The ruling is conditioned on the LLC and its units having…
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