Trial Prep

[TPK]

Soc,

My divorce trial is starting 5/12.

Attended a meeting today with my lawyer, spouse and her lawyer. Presented the tax returns both personal and corp. Right away wife's attorney isn't buying it. Wife's attorney insists on still using 2003 income for CS because it's higher. My lawyer says no, it will be 2004 income.

My attorney argued that if the 2004 income was higher than 2003, opposing attorney would be asking to calculate based on 2004. I thought that was a good point, and opposing counsel did not respond.

The car issue was brought up. Opposing counsel wants a "contribution" from me on wife's car insurance. I said no. My lawyer later told me in private that if they don't comply by policy end 5/7/05 to just go get the plates with the police.

Parenting time was then brought up. I want EOW Fri. 5pm to Mon. 10am. Wife refused but strangely her lawyer didn't defend wife's refusal, she remained silent.

1. Am I asking too much on the Fri. 5pm to Mon 10am?....I have been researching this and this seems more common than not.

Wife suggested just Fri to Sun. I said no.

Opposing counsel suggested a law guardian might have to get involved.

2. It's a waste of time (and $$) to get a law guardian involved over a visitation disagreement no??.....we're talking about less than  15 hour difference between a Sun return and a Mon. return.


Wife looked spooky today, and clearly out of it. I really believe she needs a physch eval.

3. Would an eval of her be necessary even though there's no custody dispute?....any benefits??

I just want to make sure she's fit to care for our daughter.

Thanks as always.

TPK

[socrateaser]

>1. Am I asking too much on the Fri. 5pm to Mon 10am?....I have
>been researching this and this seems more common than not.

Ask for more than you want, and settle for less. If you ask for what you want, you'll get less for certain.

>2. It's a waste of time (and $$) to get a law guardian
>involved over a visitation disagreement no??.....we're talking
>about less than  15 hour difference between a Sun return and a
>Mon. return.

The object of opposing counsel's suggestion is to intimidate you into settling for less than what you want, because you don't want to pay for the appointment of a GAL. Ask for more than you want, and settle for less.


>3. Would an eval of her be necessary even though there's no
>custody dispute?....any benefits??

You need to make a credible argument that there's something mentally wrong with your wife. Looking a "little spooky" is not a credible argument. You want evidence of irrational behavior.

[TPK]

>>3. Would an eval of her be necessary even though there's no
>>custody dispute?....any benefits??
>
>You need to make a credible argument that there's something
>mentally wrong with your wife. Looking a "little spooky" is
>not a credible argument. You want evidence of irrational
>behavior.


Please provide me with credible examples of irrational behavior. I need examples that would hold up in court. I have to know what to look for.

Everyone I've talked to who has seen her of late keeps telling me she's unfit because she's weepy, depressed etc. She can't remember anything she's said and has no perception of reality.

She's saying she can't work cuz she's "having problems" but won't elaborate.

TPK

[socrateaser]

>Everyone I've talked to who has seen her of late keeps telling
>me she's unfit because she's weepy, depressed etc. She can't
>remember anything she's said and has no perception of reality.

You've just answered your own question. Who is "everyone?" You need some of those people to testify that your ex is in severe mental distress.

However, recognize that this doesn't necessarily mean that your wife cannot care for your child. If you can show that your wife is having suicidal thoughts, then that could give the cour rationale to view the child as being in danger, and that would get you a better shot at primary custody.

But, just because she's depressed, it doesn't mean that she's not a fit day-to-day parent.

[TPK]

Off topic question here that maybe you can answer...or maybe not.

If I sold something to someone and payment was made out to me (check, m.o.) and I then deposited that money in a joint savings bank account in my & daughter's name would that be considered part of my personal income?

The $$ would be deposited for the sole purpose of establishing a savings account for daughter's future. The $$ would not be used by me.

Would it be any different if payment was made out to my daughter's name instead of mine?

These are probably accountant questions, but he's not in today!

Thank you for your time.

TPK

[socrateaser]

>If I sold something to someone and payment was made out to me
>(check, m.o.) and I then deposited that money in a joint
>savings bank account in my & daughter's name would that be
>considered part of my personal income?

Maybe. Your facts are pretty thin, but I'll try an analysis.

Since you were the person who sold the "something," then you are probably entitled to some portion of the profit. That profit would be your income.

>
>The $$ would be deposited for the sole purpose of establishing
>a savings account for daughter's future. The $$ would not be
>used by me.

If you deposited the profit into your child's savings account, that would be a gift, as your child didn't earn the money. So, the income would be yours, and the gift hers. You would be liable for any gift tax if the amount deposited was greater than $11,000 in any tax year.

If the account is a typical bank trust account (aka "Totten" trust), where you remain in control of the money, then the money isn't really even a gift, yet. It's all yours. Totten trust accounts are not given much substance in the courts. They're viewed as being the parent's property.

>Would it be any different if payment was made out to my
>daughter's name instead of mine?

No, because the property was yours in the first place, so it was your income, regardless.

If you're looking for a way to hide the income on this "something," I'd need a lot more specifics on what it is and where it came from, etc., before I could determine whether the IRS was likely to be able to trace it.

Better to ask your accountant, if he deals with audits regularly.

[TPK]

>
>If you're looking for a way to hide the income on this
>"something," I'd need a lot more specifics on what it is and
>where it came from, etc., before I could determine whether the
>IRS was likely to be able to trace it.
>


The something is more like something(s). Nothing of great value moneywise. Every once in awhile I will sell items on an internet auction site. I want to be able to use that money to establish funds for daughter's future.

Even now it's a gray area as to if these internet sales are taxable or if you have to show it on tax returns. Apparently if you're "acting as a business" you have to show it. I would call it a "casual sale".

I guess it all depends if you're making a profit on what you sell.

This has nothing to do with an IRS audit and they're not after me. This has to do with my opponent trying to claim this is part of my personal income and thus should be figured into the CS.

She has no evidence, and I have not left a trail.

This would never get above $11K a year, it would be nowhere close to that.


TPK