| Home | Products | About Us | Contact Us | Our Foundation | Our Other Companies | Pay Invoice |
|
Family Law Books
Determination of Income for
Frumkes on Divorce Taxation $99
99 Free Articles,
All new articles are Family Civil Litigation Breach of Contract Defense Interrogatories Deposing the Corporate Designee in Health Insurance Denial Case NEW Essential Objections Checklist Fraud and Misrepresentation Interrogatories Interrogatories: Breach of Contract NEW Interrogatories: Interference with Business Relations Interrogatories for Proving Plaintiff’s Cause of Action in an Auto Accident Case Preparing to Take or Defend a Liability Deposition Summarizing Personal Injury Damages Wrongful Death Interrogatories California Civil Litigation NEW Elements with Complaint: Breach of Contract for Failure to Perform NEW Elements: Breach of Implied Covenant of Good Faith and Fair Dealing NEW Objecting to Expert Testimony Criminal Law and
Practice Challenging Written Statements Cross-Examination of Eyewitnesses Federal Criminal Practice Pretrial Release on Conditions Drunk Driving
NEW
4 DUI Jury
Instructions You Need to Argue Attacking Field Sobriety Tests Attacking Widmark Calculations Cross Examination in Drunk Driving Cases
NEW
DUI Trial Tips Pattern Openings for DUI Attorneys Selecting a Favorable DUI Jury Voir Dire Questions for DUI Lawyers
Informal Request for Discovery from Prosecution Motions to Exclude Chemical Test
Tipsters and Employment NEW Deposing the HR Manager in RIF Cases Deposing the Supervisor/Harasser NEW Document Requests in Sexual Harassment
NEW
Fair Labor
Standards Act Jury Instructions Fee Arrangements, with Clauses NEW Supervisor Deposition Questions for Harassment, Retaliation, and ADA Estate Planning
and Advantages and Disadvantages of QTIP Trusts Client Intake, with Retainer Agreement Drafting for Incapacity, with 4 Clauses Intentionally Defective Grantor Trust, with Provision International Asset Protection Trust IRS Reporting and International Asset Protection Trusts Protecting Beneficiaries with Spendthrift Clauses Risks and Abuses with Foreign Trusts Shifting Trusts and Disclaimers, with Four Sample Clauses Personal Injury NEW 3 Motions in Limine to Exclude Junk Accident Reconstruction Science Cross-Examining the Defense Orthopedic Surgeon Debunking Claims of Exaggeration and Malingering Deposing and Examining the Economist Deposing the DME in Spine Injuries Deposing the Store Manager in a Slip and Fall Case Social Security
Disability NEW Alternate Sitting and Standing Questions for the VE Attacking the Vocational Expert’s Testimony on the Number of Jobs Classifying a Claimant’s Previous Work Experience as Past Relevant Work Cross-Examination on U.S. Publishing Data Cross-Examination of Vocational Expert on Census Data Dealing with Drug Addiction or Alcoholism in Social Security Disability Claims Framework of the Medical-Vocational Guidelines Hearing Questions on Physical Residual Functional Capacity Information Required to Perform a Step-Four Analysis
NEW
Initial Hearing
Questions for Claimant Maximum Residual Functional Capacity Possible for Disability Finding
NEW
Protect Attorney’s Fees From
Being Taken to Pay Client’s Debts Pushing Back the Date the Claimant Became Disabled NEW Residual Functional Capacity in Musculoskeletal Impairments Social Security Disability Benefits: Answers to Common Questions Transferability of Skills: Principles and Cross Examination Using the Occupational Outlook Handbook in your Cross Examination
|
Saving Income Taxes How to make additional funds available to both
parties in a divorce by Melvyn B. Frumkes* Excerpted from
Divorce Taxation
An example of how a tax savings may be
effected by delineating all child support as alimony is as follows: The
Wife needs at least $6,000 per annum support for the children. She earns
$15,000 per year and, therefore, is not entitled to alimony. The Husband
earns $40,000 per year. He has not remarried. In 1998, he will file as a
single person, she as head of household. By making all the support
payments alimony and adding to that which will be paid to the Wife a sum
representing additional funds available because of the tax savings, both
parties benefit.142 UNALLOCATED ALIMONY AND CHILD
SUPPORT
Husband’s Earnings
$ 40,000/yr.
Wife’s Earnings
$ 15,000/yr.
Alimony
None
Need for Child Support—at least
$ 6,000/yr.
Filing Status:
Husband
Single
Wife
Head of Household COMPUTATION 1: Entire payment of $6,000 as child support
HUSBAND
WIFE Taxable income before payment
$ 40,000
$ 15,000 Income tax
( 4,162)
( 495) Child support payment
( 6,000)
6,000 Available funds
$ 29,838
$ 20,505
COMPUTATION 2: Entire payment of $6,000 as alimony
HUSBAND
WIFE Taxable income before payment
$ 40,000
$ 15,000 Alimony payment
( 6,000)
6,000 Taxable income
34,000
21,000 Income tax
( 3,172)
( 1,142) Available funds
$ 30,828
$ 19,858
COMPUTATION 3: First Step: Determination of savings if all
HUSBAND
WIFE All alimony—funds to Husband All child support—funds to Husband after tax
(29,838) Additional funds to Husband
$ 990 Second Step: Additional funds available to
HUSBAND
WIFE Taxable income
$ 40,000
$ 15,000 Alimony
$6,000 Plus: Additional funds
$6,990
( 6,990)
6,990 Taxable income
$ 33,010 $ 21,990 Income tax
( 3,024)
( 1,291) Available funds after tax
$ 29,986 $ 20,699
COMPUTATION 4: Benefit to parties—paying to Wife additional alimony
representing
HUSBAND
WIFE All alimony to Wife plus (Computation 3, second step)
$ 29,986 $ 20,699 All child support
(29,838)
(20,505) Each party winds up with more
$ 148 $ 194
Melvyn B. Frumkes specializes in
complex asset and custody cases. He is a past President of the Florida
Chapter of the |
