May 14, 2012
Tax Issues Common for Divorced Couples
Divorce is a difficult time for most for many different reasons. A common issue facing couples during divorce is tax issues, and if taxes are not handled properly by both sides it can lead to an IRS audit. Tax time can be stressful and confusing for anyone. Add on the issue of divorce and it can lead to a whole new host of problems, especially if both parties wait until the last minute, and one or the other is not willing to hand over tax information.
One question that comes up during the process is how to file; one can choose to file either married jointly or file separately. This can have important implications either way. If parties file jointly, they are responsible for the other person when it comes to taxes. On the other hand, it can get expensive to file separately if parties pay a CPA or private party to do their taxes for them.
Other issues that come up in tax filings are who may claim head of household and who gets the deduction for any children a couple may have. Generally, the head of household claim goes to the parent who has the children more than half of the year. However, parties have to be careful because they both cannot claim head of household on their taxes.
One major issue that divorced taxpayers generally face is when and where to file taxes, particularly with more complex arrangements. Since divorced couples rarely file or prepare their taxes together, this can get very tricky. This can be especially difficult if the IRS decides to conduct an audit of the parties. Family law attorneys recommend a specific and important strategy: file first and force the other person to react.
Source: “Divorced Couples Are Walking Right Into These Tax Traps,” Mandi Woodruff, Business Insider, Apr. 3, 2012
April 16, 2012
New Virginia Ignition Interlock Law Sparks Debate
Virginia’s recently-passed ignition interlock law has set off a debate between groups battling drunk driving and those that represent offenders about whether the new law goes too far.
An ignition interlock system works by disabling the car if the driver has been drinking. A car with an installed ignition interlock will not start if the driver blows into an attached Breathalyzer and registers a certain level of alcohol on his or her breath. To discourage a friend from taking the test for the driver, the system requires that the driver blow into the device at random times while the vehicle is in motion.
The new law, which takes effect in July, will require virtually all first time DUI offenders-whether they were highly intoxicated or just slightly over the legal limit-to install ignition interlocks in their cars. The former law only required repeat offenders and those with a blood alcohol level above .14 to install ignition interlocks.
As a result of the new law, about four times the number of people will be required to install ignition interlocks. Each offender will have to pay for the installation, which is not cheap-about $480 for a six-month installation.
Groups like Mothers Against Drunk Driving contend that ignition interlocks reduce repeat offenses. Such groups say that the 274 alcohol-related motorist deaths and 5,500 injures during 2010 warrant the tough measures.
However, public defenders and some lawyers say that the law goes too far. They contend that the new law will encourage more cases to go to trial, taxing an already overburdened court system. In addition, they say that the interlock installation and maintenance fees will disproportionately affect low-income drivers.
Source: “Is Va.’s ignition-interlock rule for first-time DUI offenders too tough?” Justin Jouvenal, The Washington Post, 4/8/12
March 16, 2012
Dividing Military Retirement Benefits During a Virginia Divorce
As war, conflicts and deployments weary our nation’s Army, Marines, Navy and Air Force, military families here in Virginia and throughout the United States are shouldering the burden as well. And that burden is taking its toll – over the last ten years, military divorce rates have risen to 3.7%, more than a whole percentage from 2001.
The number may seem small at first glance, but military divorces are even more common than in families not tied to one of the services. As with many divorces, the division of assets including the division of a retirement pension in a military divorce is a common source of conflict.
If one or both spouses is or was in the military, upon divorce, the military pension is one of the assets that must be divided if it is considered marital property. And, like other marital property, up to 50 percent of a military pension may be awarded to your spouse.
Dividing and Receiving A Military Pension
What part of a military pension is considered marital property depends on the overlap of the marriage with military service. If you were married for the service member’s entire military career, then his or her pension would like be divided in half, with a 50 percent portion be awarded to each spouse. However, if you were married for only 10 years during the service member’s career, only the amount of the pension accrued during the marriage would be marital property and subject to division.
For couples who’ve been married for 10 or more years, upon divorce, the U.S. government will send the ex-spouse’s share directly to him or her. If your marriage was under 10 years, the government expects that the former military personnel will send you a portion on a monthly basis. Whether relying on a former spouse to send you a monthly amount is a good option or not is something that should be discussed with your Virginia military divorce attorney.
Don’t Forget About Survivor Benefits
An important part of a military divorce is ensuring that the non-military spouse applies for survivor benefits, if eligible. Failing to do so may mean the loss of the share of a military pension awarded in divorce upon the death of the service member.
Source: The Wall Street Journal, “Divorce: Splitting Up a Rich Military Pension,” Ellen E. Schultz, March 9, 2012
February 28, 2012
Virginia Steps Closer to Ignition Interlock for 1st Time DUI
First-time driving under the influence (DUI) offenders could soon be forced to install an ignition interlock system on their cars. The Senate recently passed House Bill 279, which extends current ignition interlock requirements to those who’ve been convicted of only one DUI.
Virginia requires an ignition interlock device for repeat DUI offenders — those who’ve been convicted two or more times. But that may soon change. Based on statistics from the National Highway Transportation Safety Administration (NHTSA), an ignition interlock system could affect nearly 30,000 people in Virginia, at least that was the number of convicted DUI offenders in 2010.
An ignition interlock system essentially disables a car if the driver has been drinking. A car equipped with ignition interlock will not start if the driver blows into the attached Breathalyzer and registers above a 0.02 BAC. The driver will also be required to blow into the device at random intervals while the car is in motion.
If the interlock system does detect alcohol in the driver’s system, after a retest to confirm, the car’s horn will sound and the lights will flash. The ignition interlock system is intended to notify law enforcement that someone is getting behind the wheel despite being impaired.
This is the sixth year in a row that an ignition interlock law has come up in the Virginia legislature. The bill was modified to apply to first-time DUI offenders only if their blood-alcohol concentration was 0.12 or greater. The Senate rejected the change and the bill, as-is, has now passed both the House and the Senate and is headed to Governor McDonnell’s desk.
Source: Loudoun Times, “Senate requires ignition interlocks for drunken drivers” Brian Hill, February 26, 2012
January 31, 2012
Is the Court of Public Opinion Too Quick to ‘Convict’ Those Accused of Sex Crimes?
By now most have heard about the allegations of sex crimes against former Penn State defensive coach Jerry Sandusky. Many may also be thinking twice about how they judged whether Joe Paterno was also to blame, at least in part, for not doing more to stop the alleged sex abuse.
Sandusky himself faces 40 counts of child sex abuse, stemming from incidents between 1994 to 2009. But Paterno, who passed away from cancer during the course of the release of information and subsequent investigation, was never criminally charged. But, he did lose his job, one that he’d held for over 40 years, as the football coach at Penn State.
As a reminder, it’s a cornerstone of our criminal justice system that one is innocent until proven guilty, something that criminal defense lawyers across the country fight for daily.
Unless you are tried in the court of public opinion, that is. Paterno was considered just as guilty, by many, as if he’d committed the alleged sex crimes himself.
Whenever a sex crime is alleged — including child pornography, rape, incest, statutory rape or an internet-related sex crime — the assistance of an experienced criminal defense attorney cannot be understated. Many are quick to condemn those accused of sex crimes, particularly those involving children, before all the facts are laid out in a court of law.
It is true that children need and deserve to be protected. But it is also true that people need and deserve to be protected from false or overstated accusations. And a civilized society has no room for an intolerance of both the criminal justice system and the presumption of innocence.
December 20, 2011
Factors Courts Consider When Awarding Virginia Alimony (Spousal Support)
There are two support issues that are dealt with in Virginia divorce proceeding: child support and spousal support. Spousal support is commonly known as alimony, but may also be referred to as maintenance. Several factors are considered by the courts when determining whether an award of spousal support is appropriate.
Both spouses in a marriage may be eligible for spousal support once a divorce is filed with the appropriate Virginia court. A pendente lite order for spousal support may be issued to require one spouse to make support payments, including continuing to provide healthcare coverage, while the divorce is pending.
A full disclosure and discussion of your financial situation, both during your marriage as well as what you expect it to be after the marriage ends, with your Richmond spousal support lawyer can help you understand whether you meet basic criteria for the court to award spousal support as well as answer any questions you may have about the amount or duration of any award.
In deciding whether to order spousal support, the court will consider a variety of factors as defined by Virginia statute, including:
- The standard of living during the marriage and each spouse’s ability to maintain that standard upon divorce
- The age, physical condition and mental condition of the divorcing spouses
- The effect the age, physical condition or mental condition of any children will have on the ability for one spouse to work outside the home
- The distribution of marital property
- The earning capacity of both spouses
- The time that may be necessary for one spouse to receive the training and education to become self-sufficient
- Contributions by one spouse to the education or career of the other
- The choice for one parent to remain in the home and parent any children while the other spouse worked
These are just a few of the many factors that are written out specifically in the Virginia Code that a court must consider before awarding spousal support.
A Virginia family law attorney can address any questions you have about qualifying for spousal support. There are additional considerations to be made regarding the length or duration of an award of spousal support as well as whether any awarded amount should be distributed as periodic payments or as a lump sum.
November 30, 2011
Arrested for Drunk Driving in Richmond? Fight Your Driver’s License Suspension
In Virginia, an arrest for driving under the influence (DUI) means the immediate suspension of your driver’s license. As related to your Virginia driving privileges, you do not have to be convicted of a drunk-driving offense before it is illegal for you to drive, just being arrested triggers an Administrative License Suspension (ALS).
If you are facing your first Virginia DUI charge, the automatic license suspension is for one week. If you refused to take a breath test, your Virginia driver’s license will also be automatically suspended. The penalties for being arrested for drunk driving are immediate; your Richmond DUI defense attorney can further explain the possible additional penalties for conviction of a drunk-driving offense.
You Can Fight the License Suspension. Call an Experienced VA DUI Attorney Right Away!
The Administrative License Suspension is in addition to any penalties that may be ordered if you are convicted for a Virginia DUI and the time period that your license will be administratively suspended increases if you are a repeat DUI offender. For a second DUI offense, the ALS lasts for 60 days or until your case goes to trial, whichever comes first. For a third drunk-driving offense within 10 years, your license will be suspended until your case goes to trial.
Contacting an experienced DUI defense lawyer should be your first step in fighting the charges against you. There may be an opportunity to challenge your arrest for DUI and the Automatic License Suspension. A police officer must have ‘probable cause’ to charge a suspected drunk driver with a DUI. If you are able to successfully challenge the existence of probable cause, you may be able to save your Virginia driving privileges from suspension.
Source: Virginia Department of Motor Vehicles, “Virginia is Tough on Drunk and Drugged Drivers“
October 31, 2011
October and Halloween Night Are Particularly Dangerous for Virginia Motorcyclists
A Richmond police communications officer was fatally injured in a motorcycle crash at the beginning of October when he collided with a school bus while riding his motorcycle just west of Jefferson Davis Highway. Another motorcyclist was sent to the hospital with critical injuries after colliding with an SUV in Chesterfield County about a week ago. The cyclist later died from his injuries has well.
To top it all off, the National Highway Traffic Safety Administration (NHTSA) reports that almost half of all fatal accidents on Halloween night in 2009 involved a motorcycle driver with a blood-alcohol-concentration above 0.08. To say that October is a dangerous month for Virginia motorcycle accidents may be an understatement. October has proven to be even worse: a deadly month for motorcyclists in Virginia and throughout the country.
How Can Richmond Motorcyclists Better Protect Themselves?
The Virginia Department of Motor Vehicles requires all cyclists on Virginia roadways to first obtain a motorcycle license or a Class M designation on your Virginia driver’s license. Virginia also requires that cyclists and their passengers wear a helmet that either complies with or exceeds the standards set forth by the federal Department of Transportation, the Snell Memorial Foundation or the American National Standards Institute, Inc.
In addition to helmets, motorcyclists are encouraged to wear protective eyewear such as a helmet with a face shield or protective goggles, long-sleeved shirts and pants to protect arms and legs from scrapes and abrasions, non-slip gloves that allow for a firm grip on the handlebars and appropriate footwear that covers the ankles. Leather boots are highly recommended.
While it’s every driver’s responsibility to keep an eye out for others on the road and to follow traffic rules to protect each other’s safety, motorcyclists must be aware that they often go unseen by others on the road. Whether it’s because drivers are not looking for their smaller motor vehicles or whether the motorcyclist is not taking steps to drive in his or her lane so as to be visible to other drivers, lane positioning is very important for motorcycle safety. If you’re riding a motorcycle, make sure to give yourself enough space to avoid traffic hazards as well as to brake appropriately in emergency situations.
September 30, 2011
A Virginia Divorce Doesn’t Have to Hurt Your Small Business
While divorce is of course difficult on families, a small business or a family-owned business may also bear a substantial burden from divorce as well. The founder of a software consulting firm recently recounted that his divorce cost his small business almost a quarter of his annual revenue, simply due to the time he had to be away dealing with issues related to his divorce.
Issues related to the ownership structure of your business, each spouse’s role in the company and the time period when business assets were acquired may all need attention and resolution during your divorce process. If questions regarding the business were not addressed prior to or during the marriage through a valid pre-nuptial or post-nuptial agreement, they will need to be addressed at the end of the marriage through the divorce proceedings.
A Virginia No-Fault Divorce May be a Lifeline for Your Small Business
One year ago, no-fault divorce became available in all 50 states. A no-fault, or uncontested divorce allows Virginia couples to seek a resolution to their divorce that is as simple and efficient as possible.
When one or both people are running a small business, taking time away from work to argue over assets or child support issues can have a major impact on the continued success of the company. Working with experienced Richmond divorce attorneys through a no-fault divorce allows you to remain in control of your divorce through mediation and negotiation, rather than long, drawn-out court battles.
Divorces that involve small businesses often involve high-asset individuals and complex valuation issues that must be addressed by a team of professionals. While it is impossible to say exactly how long a divorce will take, from start to finish, because each couple is different, a divorce doesn’t have to be the end of your small business.
August 29, 2011
Richmond, Virginia’s Dangerous I-95 Claims Two Lives in Multi-Vehicle Crash
A disabled Ford Taurus in the left-hand lane of Interstate 95 in Richmond lead to a three-vehicle crash last Thursday, fatally injuring two motorcyclists. The Taurus attempted to get off the highway, but could not entirely get out of the left lane of traffic. A Chevrolet Impala, also in the left lane, was able to stop behind the Taurus, but the third vehicle, a Harley motorcycle was not. The motorcycle rear-ended the Impala, ejecting both the driver of the motorcycle and his passenger.
In 2010, Virginia roadways, including I-95, saw over 700 Virginians killed in motor vehicle accidents, including drivers, passengers and pedestrians according to the Virginia Highway Safety Office. Over 4500 car crashes occurred in Richmond alone, resulting in 15 deaths and over 2500 injuries.
Common Causes of Virginia Motor Vehicle Accidents
Motor vehicle accidents are among the top 15 most common causes of death in Virginia. Although there is no indication that alcohol was a factor in the fatal motorcycle crash on I-95, alcohol played a role in over 37 percent of all crash-related fatalities in Virginia last year.
Other common causes of Virginia motor vehicle accidents include:
- Distracted or inattentive driving
- Exceeding the posted speed limit
- Failing to obey traffic signals, including stop signs and red lights
- Poor weather conditions
- Defective vehicle parts
- Inexperienced/teen drivers
- Driver fatigue
Regardless of the cause of the crash, motor vehicle accidents can have devastating consequences. The sudden impact of one vehicle hitting another can cause bruising, broken bones, spinal cord and head injury, burns and even death. The steps you take after being injured in a car accident should include moving to a safe place if possible, calling for emergency assistance and seeking necessary medical treatment.