Recent Posts in Local Businesses We Recommend Category
| March 23, 2012 |
| MARITAL BALANCE SHEET Programs and Free Divorce Calculators |
| Posted By Thurman W. Arnold, III |
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Free Divorce Calculators for
Property Division, Support, and Taxes
I recently had the opportunity to meet with Donna Smalldon, who is a collaborative law financial neutral and co-mediator based out of Portland, Oregon. Donna regularly trains legal professionals in beginning and advanced conflict resolution techniques as applied to divorce and family law matters and proceedings. She serves as a collaborative law neutral and divorce mediator both in Oregon and in Palm Springs, California.
You can learn more about her at Applied Divorce Solutions.
Donna introduced me to something that I want to share with you: Family Law Software by Dan Caine. Dan has developed programs for use in determining income and tax calculators, property division calculators, alimony "buy-out" calculators, sale of home calculators, and much more. Some of these can be used for free to test different scenarios as you begin to evaluate and plan for your life during and after divorce. These invaluable tools can be accessed at
FamilyLawSoftware.com.
The property division calculator is a must-use for those who are evaluating an equitable division of property within the economic divorce. For those who are considering a spousal support buy-out, Family Law Software provides a solid foundation for figuring out a current value for a lump sum payment instead of payments over time.
Understandably, the price for using the free program materials that Family Law Software provides is that they will email you your answer - you are exchanging your contact information for some free help, probably a fair trade.
I hope you find this useful! |
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| March 10, 2012 |
| RE-ELECT JUDGE JAMES COX - Best Riverside County Judges, 2012 Election |
| Posted By Thurman W. Arnold, C.F.L.S. |
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Thurman Arnold Endorses Superior Court Judge James Cox
For Re-Election in 2012There are a number of candidates for several judicial positions that have opened up in Riverside County for the June, 2012 elections. One is Superior Court Judge James Cox, who seeks re-election. Judge Cox supervises the Probate Calendar for the Indio courts from his courtroom in Palm Springs. Judge Cox also, somewhat infrequently, covers family law and dissolution related matters - typically when our two Family Court bench officers in Indio are disqualified, or recuse themselves, from hearing matters otherwise assigned to them.
I endorse Judge Cox and urge our community to retain him in the upcoming election.
All judges, and applicants aspring to become judges, are not created equally. I have probably appeared in front of Judge Cox only a dozen times or so in the past five years, since my office doesn't generally handle probate matters and he gets only a small number of family law cases. While I've not always agreed with his rulings, I have always felt that he gave both parties in the matters he has decided a full and complete listen, and that he has an uncommon intelligence and ability to discern what the pivotal issues are and to apply the law in a fair and unbiased way. That is the essence, for me, of a good judge. Judge Cox is a particularly smart guy with a good understanding of family law, and the public interest is best served by retaining experienced jurists who've proven over time that they can do their jobs well.
Judge Cox is roundly endorsed by judges, lawyers, and members of the district attorney and public defender's offices.
I can tell you he is worth keeping. It is for that reason that I am speaking up in his support. Please consider voting for him.
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| March 08, 2012 |
| FORM 8332 NOW MANDATORY TO CLAIM DEPENDENCY EXEMPTIONS |
| Posted By Thurman W. Arnold, III, C.F.L.S. |
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Form 8332 Must Now Be Submitted With Your Return
If A Noncustodial Parent Wishes to Receive the Dependency Exemption for a Child
Palm Springs CPA Brian Wachs recently brought to my attention an important 2011 change in IRS policies with regard to the paperwork that is required in order for a non-custodial parent to claim and receive dependency exemptions relating to children.
IRC section 152(c) permits a custodial parent, where a minor child resides with that parent for more than half the year as the child's principal place of abode, to claim a Dependency Exemption. This exemption can be released to the other parent.
However, the Tax Court issued an opinion in late 2011 holding that a noncustodial parent was not entitled to a dependency exemption deduction or the Child Tax Credit for his minor child, where the divorce decree stipulated that the noncustodial parent (the father) would be entitled to take his son as a dependent if he kept current on his child support payments. (Defernez v. Comm. TCS 2011-87). The mother did not sign a Form 8332 or similar declaration stating that she would not claim the dependency exemption, and indeed claimed it despite the language in the judgment. Father was therefore denied the credit.
Similarly, the tax court ruled last year that a noncustodial taxpayer who attached a pre-2009 divorce decree to his return was insufficient to entitle him to a credit because the decree failed to contain the custodial parent's Social Security number or the years to which it applied. (Briscoe v. Comm. TCM 2011-165).
It used to be that a custodial parent could release his or her claim to the dependency exemption by signing Form 8332 or "a similar statement" to enable the noncustodial parent to claim the dependent - these are to be attached to the noncustodial parent's tax return.
The "similar statement" needed to provide at least the following information:
- The name of the child
- The name and social security number of the noncustodial parent claiming the exemption deduction
- The social security number of the other parent
- The signature of the custodial parent
- The date of custodial parent's signature
- The year(s) for which the claims are released
However, for divorce decrees (or similar orders) issued after 2008, the IRS will no longer accept a divorce decree in lieu of of Form 8332 or the qualifying statement.
For divorce decrees or orders issued before 2009, if the decree or a separation agreement went into effect after 1984 and before 2009, the noncustodial parent can attach certain pages from the decree or agreement instead of Form 8332, provided that these pages provide information that is substantially similar to 8332. However, to be eligible to do this, the divorce decree must state:
- That the noncustodial parent can claim the child as a dependent without regard to any condition (i.e., such as the common language that the claiming parent must first be current on their support obligation)
- That the other parent will not claim the child as a dependent; and
- The years for which the claim is released
The noncustodial parent must attach all of the following pages from the decree or agreement:
- A cover page (that includes the other parent's SSN)
- The pages that included all the items described above
- A signature page with the other parent's signature and the date of the agreement
This means that in every child support order from now on (and before as stated above), particularly where the Court utilizes the guideline formula (Xspouse, Dissomaster, etc.) and in doing makes assumptions about how the dependency claims will be distributed, that there must be additional order directing the custodial parent to sign Form 8332 -and parties will be very well served to have that form with them at the hearing so that they can ask the custodial parent to sign it then and there.
Otherwise, a payor noncustodial parent may find that they were ordered to pay more support by the Court than otherwise on the mistaken belief that they would be getting a tax savings, only to find that the IRS disallows it.
Here is Form 8332.
Thanks Brian! By the way, I highly recommend Brian's services as a thorough professional tax preparer, accountant, and CPA.
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| April 29, 2011 |
| Local Businesses: Who Is the Best Audio/TV Specialist in Palm Springs? |
| Posted By Thurman Arnold |
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Randy Bauer Audio and Video
760-776-8179
Serving Palm Springs, Palm Desert, and the Greater Coachella Valley
I enjoy supporting and promoting the best local businesses within the Coachella Valley that I have personal experience with, not just out of a sense of loyalty and gratitude but also in order to make it easier for potential customers (possibly like you) to find them - my expectation is that you will be equally satisfied with their work. I strive to provide something special and unique in my family law practice, and wish to honor others who are similarly inclined within the worlds of their own professional services. We all should try to do what we do as best as we can do it.
I have over five years experience using the services of Randy Bauer of Bauer Audio and Video - while I don't watch much TV (only recently getting a cable box once again), the quality of my sound system is really important to me.
Bauer Audio/Video has been managing my TV and music system since its installation in 2005 during a remodel (back in the day!); I've finally upgraded it a bit. Randy's devotion to customer satisfaction as well as fair pricing for his work has always impressed me but this last month I was watching and interacting with Randy, I was reminded about his high business ethics, expertise, and easy-going demeanor. He is the type of professional that I want to know about and so to recommend to others.
Randy specializes in home theatre installation, installing music systems in remodels, updating wiring infrastructure, and interfacing the internet with the most up to date audio and visual technologies.
Cheers!
TWA |
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| March 19, 2011 |
| Local Businesses: Who Has the Best CHINESE FOOD in Palm Springs? |
| Posted By Thurman Arnold |
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The Supreme Dragon Chinese and Seafood Restaurant
As you might have noticed, most of what I Blog is fairly dry and informational. Humor or entertainment are not my greatest talents. Every once in a while I try to lighten things up by supporting local business people whom I really admire or believe in. I don't do this often, and my opinions cannot be purchased.
One of my favorite Palm Springs/Cathedral City restaurants is the Supreme Dragon, located at 4771 East Palm Canyon Drive, Suite B, Palm Springs. David and his wife are located at the Rim Rocks Shopping center (almost next to Von's) just east of the Mercedes dealership (at the western edge of Cathedral City). They have been at that location for probably ten years.The location is not a high traffic area, although it is conveniently situated and is easy to find. I watch them labor hard and long hours, and it is time their secret got out.
The Supreme Dragon has outstanding Chinese food, and their seafood is delicious. It is a clean, fast, and it is entirely family owned and operated. If you prefer take out, they put orders together quickly. Be sure to grab one of their paper menus for your home.
I was born and raised in Palm Springs, and in my view the Supreme Dragon has the best oriental food in the western part of the Coachella Valley. I am convinced that you will agree and so appreciate this recommendation! As always I invite comments to my Blogs.
Call them at 760-321-4954 and tell them Thurman sent you!
T.W. Arnold
Palm Springs Family Law Attorney
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| December 18, 2010 |
| Which COURT REPORTING FIRM Do You Recommend in the Coachella Valley? |
| Posted By Thurman Arnold |
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Q. Thurman - who do you recommend for court reporting services in the Coachella Valley? I work with an insurance defense firm in Sacramento, and we have a case pending in the desert and have a number of people to interview.
Tom H., Sacramento Attorney
A. Tom - the only court reporting firm in the desert cities of the Coachella Valley that I work with is
Ayotte & Shackelford. I have known these ladies (Donna Evans Ayotte and Laura Shackelford) since 1982, and their dedication and sense of perfection in reproducing exactly what is said in deposition has always been consistent. But more important, they serve their litigation clients in real time and are true professionals, and they are fast!
I only handle family law cases, but I used to do a lot of personal injury (plaintiff's only, sorry!) I wouldn't use anyone else!
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