Prepare for (Tax) Battle

Clients often want to battle over who can claim the children on their taxes. If you fight over the taxes without consulting a CPA, you may end up with a result that is neither in your best interests nor in your children’s best interests.

A CPA will illuminate for you the different tax credits and deductions available and let you know: what tax refund you can expect to receive while claiming your children, what tax refund you can expect to receive if not claiming your children, what tax refund your spouse can expect to receive while claiming your children, and tax refund your spouse can expect to receive if not claiming your children. How can you really negotiate if you don’t know these answers? You may be surprised to learn that some tax credits, like the education credit, are only available if your income is under a certain threshold. Therefore, you may not even be able to receive the credit if you claim your child. In that case, wouldn’t you agree that it’s in everyone’s best interests for your spouse to claim the child? Perhaps you and your spouse can further agree that part of the tax refund will then be used for specific expenses for your child.

Furthermore, if you and your spouse are in serious disagreement and take the issue of taxes before a judge, the judge won’t consider the topic without an analysis provided by the CPA. Do your homework and consult with your CPA. Your CPA’s guidance will illuminate your negotiations and also please the judge.

Post-Hearing Motions

Post-Hearing Motions

Sometimes clients are unhappy with a final judgment. Although it can be exceedingly difficult to overturn a judgment, you may be able to take action if you believe there is a mistake in a judgment or if you think the judgment is not supported by the evidence before the Court.

The Massachusetts Rules of Domestic Relations Procedure provide for several types of post-hearing motions:

 

  • Rule 52 addresses a Motion to Amend Findings of Fact
  • Rule 52 addresses a Motion to Amend Conclusions of Law
  • Rule 59 addresses a Motion for a New Trial
  • Rule 59(e) addresses a Motion to Amend Judgment
  • Rule 60 addresses a Motion for Relief from Judgment or Order.

 

Standing Order 2-99 details the procedure to file and serve one of these motions.

 

Post-hearing motions are tricky, high-stakes, and time-sensitive, so it is crucial that you consult with an attorney before pursuing one.