Kansas Offers Tax Amnesty

In these tough economic times, some families have to decide who to pay and who not to pay.  A great number of families for the past few years have decided to not pay Uncle Sam.  It’s just taxes, no big deal, right?  WRONG.  On top of the money you owe, late penalties and interest keep accruing.  Many potential clients (and clients) come into my office and a big issue in their divorce is that they have not paid taxes for several years, and the bigger issue is how are they going to afford to pay the amounts owed.  Short of money growing on trees, Kansas is offering an amnesty for those who have not paid.  You only owe the amount of taxes owed, no penalties and interest.  This can save some people almost half of what is owed!  Below an article discussing the details.

Posted on Fri, Aug. 13, 2010

Kansas offers tax amnesty

By JEANNINE KORANDA
The Star’s Topeka bureau

TOPEKA | Tax scofflaws, or those who have fallen behind on what they owe the state, can get a reprieve through a Kansas amnesty program.

Under the program, which runs Sept. 1 through Oct. 15, penalties and interest will be waived for businesses and individuals who pay off their debt in full for a given tax year. The option is available for debts accrued before Dec. 31, 2008.

“We’re trying to make this as easy as we can for folks, so hopefully they will take a look at it and see if it will help them out,” said Steve Stotts, taxation director for the Kansas Department of Revenue.

The Kansas Legislature approved the amnesty program this year as a way to raise money. The department is estimating it will collect about $8 million from the amnesty — out of about $127 million owed as of Aug. 1.

This will be the third tax amnesty Kansas has sponsored. The first was in 1984. The second was in 2003, when $53.7 million was collected.

State officials expect to collect less this time in part because the last amnesty was less than 10 years ago.

Those who owe the state money should take a look at the amnesty program, said Jerry Capps, vice president of the Wichita accounting firm of Allen, Gibbs, Houlik. It’s the right thing to do, he said, and Kansas has become more active in its auditing.

“It’s a good opportunity if you think you have made some mistakes,” he said. “You are better off taking advantage of a program where you have no interest and no penalties.”

On a five-year-old debt, the penalties and interest can double the amount that is owed.

While participants must pay back taxes for a particular year in full, they don’t necessarily have to clear their entire debt to participate, said Dedra Platt, civil tax enforcement manager with the revenue department.

For example, if someone owes money from 2004, 2005 and 2006 but can pay only the 2004 debt in full, the taxpayer can pay that year’s bill without penalties or interest.


Amnesty program
Who qualifies?

•Anyone with tax debt accumulated before Dec. 31, 2008

•Those who failed to report all income or have understated their tax liability

•Taxpayers who have failed to file a tax return

•Those who did not pay their full tax liability

Who does not qualify?

•Anyone in bankruptcy

•Anyone who is being audited

•Those whose debt is subject to administrative or judicial appeal

•Those involved in a criminal investigation

Taxes covered

•Just about any type of tax the state collects — income, sales, estate, privilege, withholding, estimated, cigarette and tobacco, retailer’s sales, compensating use, local sales and use taxes, liquor enforcement, liquor drink, and mineral severance

How to participate

•Contact the Kansas Department of Revenue, 785-296-6121

•Visit www.ksrevenue.org. The application form will be posted there at the end of August.

•Payments must be postmarked no later than Oct. 15

Divorce Tip of the Week: Your Attorney is Not a Therapist

I am an attorney that takes great pride in my ability to listen, understand and assist clients in processing certain thoughts and emotions during their divorce.  I believe this creates a great attorney/client trust relationship.  However, clients must understand that attorney’s are not therapists.  While we do our very best to listen and understand, often times we may not be providing you the absolute best mental health advice simply because our training is of law.  If I feel I cannot provide a client the advice he or she needs, I certainly recommend they seek the advice of a therapist.  While sometimes this rubs clients the wrong way, most of the time the client appreciates this advice, as they trust me and know I am only looking out for their best interests.

Call your attorney or your therapist?

1. My spouse put the house on the market for sale and didn’t consult me – call your attorney. (issue regarding marital assets)

2. My spouse told our neighbor we were getting a divorce and I am furious that the neighborhood knows now – call your therapist. (issue regarding trust and anger)

3. My spouse went on a date with a friend of mine – call your therapist. ( issue regarding trust, anger and fear)

4. My spouse enrolled our child in a new school without my permission – call your attorney (issue regarding joint custody).

5. My spouse set up a separate parent-teacher conference with my son’s teacher and I don’t want to attend separate conferences for fear of the teacher telling me one thing and the other parent something different – call your therapist (this is more of a trust issue).

Please don’t think that your attorney doesn’t care, or you shouldn’t tell him or her certain things.  While many of the issues you will discuss with your therapist are pertinent to your divorce case, it is best to deal with the emotions of the specific situation with your therapist.   Attorney’s understand that divorce is an emotionally traumatic event, and if they can guide you to someone to help you heal the wounds, your attorney is doing a good job.

Wife Learns of Husband’s (Second) Marriage via Facebook

Have you heard the story about the Wife who learned of her Husband’s Second Marriage on Facebook?  It was posted released through the Associated Press and the full story is below.  The story is absolutely bizarre and horrendous considering there are young children involved in this circus.  There are a few things that I urge you to take from this reading:

1. NOTHING on the internet is completely private, not matter how safeguarded you think you are.

2. You must be careful when researching about your spouse’s infidelities online or elsewhere, as criminal acts can be brought against you.

3. Just because it is convenient to think you aren’t married, you might be be considered legally married by the Courts.  In Kansas, I believe this marriage would be deemed valid.  There are voidable marriages and void marriages (see previous article).  The parties had children together, filed taxes as married, held joint bank accounts, etc., just like that of a married couple.  The Court in Kansas could also find this to be a common law marriage if in fact the marriage was void, as the Husband suggests.

On Facebook, wife learns of husband’s 2nd wedding

By MEGHAN BARR

Associated Press Writer

Dread of the unknown hung in the air as Lynn France typed two words into the search box on Facebook: the name of the woman with whom she believed her husband was having an affair.

Click. And there it was, the stuff of nightmares for any spouse, cuckolded or not. Wedding photos. At Walt Disney World, no less, featuring her husband literally dressed as Prince Charming. His new wife, a pretty blonde, was a glowing Sleeping Beauty, surrounded by footmen.

“I was numb with shock, to tell you the truth,” says France, an occupational therapist from Westlake, a Cleveland suburb. “There was like an album of 200 pictures on there. Their whole wedding.”

The husband claimed Thursday that his marriage to Lynn France was never valid. He said she knew earlier about the other marriage and was making the Facebook claim as a publicity ploy.

Affairs were once shadowy matters, illicit encounters whispered about and often difficult to prove. But in the age of Facebook and Twitter and lightning-fast communication, the notion of privacy is fast becoming obsolete. From flirtatious text messages to incriminating e-mails, marital indiscretions are much easier to track – especially if potentially damaging photographic evidence is posted online.

“All of these things are just a trail of cyber breadcrumbs that are easily tracked by good divorce lawyers,” says Parry Aftab, an expert on Internet safety and privacy laws.

France, 41, was not completely blindsided by her Facebook discovery, which happened in January 2009. That fall, she had grown suspicious when her husband began taking frequent business trips, even leaving the day the couple’s newborn son came home from the hospital. Once, she found his passport at home when he was supposed to be in China for business.

In October, before leaving for another trip, her husband left a hotel website up on the couple’s computer screen.

“So I actually went there with a girlfriend, just to see for myself for sure,” France says. “He was there with this girlfriend. I said, ‘Hey, I’m his wife. We’ve got a baby.’”

The woman told France that she was engaged to France’s husband.

“Sure enough, they were registered for a wedding at Target,” France says.

A girlfriend recommended checking the woman’s Facebook page, which was then open to the public, France says, but has since become private. There, France found evidence of an unfolding relationship that she still couldn’t wrap her head around. Overwhelmed with two young children, she confronted her husband. She says he told her he wouldn’t actually go through with the wedding.

It wasn’t until she saw the wedding photos that she finally began divorce proceedings.

“People who engage in these sorts of behaviors now have the option of trying to keep things private or turning it into a spectacle and becoming their own reality show,” says lawyer Andrew Zashin, a child custody expert who is representing Lynn France. “In this case, it seems, the spouse may have crossed the line and gotten married while he was still married.”

Aftab, a lawyer who runs the online protection site WiredSafety.org, says the lesson to be learned from the Frances’ case is that no form of communication is sacred anymore.

“It’s like trying to catch a river in your hand,” she says. “It will leak out eventually.”

But Aftab doesn’t recommend snooping around online. That can backfire in court if used inappropriately – such as when spouses log onto each other’s Facebook pages without permission. If your spouse isn’t trustworthy, she says, get a divorce and save yourself the trouble.

Lynn’s husband, John France, does not deny that he has remarried. Rather, he simply is insisting that he was never married to Lynn in the first place.

“I don’t think I was cheating,” France said in an interview aired Thursday on NBC’s “Today” show. “If you have a marriage that’s not right from the beginning, it’s not right at the end.”

France said Lynn France’s claim of finding out about the second wedding on Facebook was “absurd” and said she knew long before. He claimed she was “losing the court battle” for custody of their two sons and was using the Facebook story for attention.

His attorney, Gary Williams, issued a statement Tuesday saying his client is asking a family law court to declare that his marriage to Lynn was “void since its inception.”

“While it appears that John and Lynda France were both under the impression, once upon a time, that they were married, the fact of the matter is that their marriage was never legally proper,” Williams wrote, “and, therefore, it does not actually exist.”

Lynn and John France were married in July 2005 in a seaside wedding on Italy’s Amalfi Coast, having organized the event through Regency San Marino, which coordinates weddings for couples looking to get hitched in Italy. On the company’s website, Lynn is still the first radiant bride whose portrait appears in a gauzy veil, the brilliant blue sea behind her.

If that wedding was a fraud, it was news to Lynn.

“If that were true, then he’s lied to the IRS,” Zashin says. “He’s lied to insurance companies. Banks.”

In June 2009, against the advice of her attorneys, Lynn France dropped divorce proceedings when her husband came home and persuaded her to reconcile.

“I just wanted to believe the good when he came to me and said, ‘Let’s reconcile, I love you,’” she says. “You want to give somebody a second chance.”

But three months ago, Lynn says she was cleaning the sink when her husband took the couple’s 2-year-old son out of her arms and said he was going to give him some milk. Minutes later, she heard the car running.

“He threw them in, no car seats, no nothing, and took off,” she says.

She hasn’t seen her sons since. John France had taken them to Tampa, Fla., where he currently lives with his new wife and, according to his attorney, is seeking custody of their children.

Lynn France called 911, but as in most parental custody disputes, little could be done. She is in contact with the Center for Missing and Exploited Children and has a team of attorneys preparing for a court fight. Authorities have told her not to attempt to take back the children forcibly.

For Lynn, the only glimpse of her children now comes, ironically, from the same Facebook page where she found those fairy-tale wedding photos.

Until the day she can see her children again, Lynn France says she continues to text her husband, pleading with him to bring the children back to Ohio.

“The only way I’ve been able to see my children is on her Facebook page,” she says. “It’s stranger than fiction to watch this woman living my life.”

John France denied he was keeping her from the children, saying during the interview Thursday that he offered to buy her plane tickets to come to Florida.

A message left Thursday for Lynn France’s attorney was not immediately returned.

Divorce Tip of the Week: Stop.Think.Listen

I am starting a new series and each week I plan to give you a Divorce Tip.  While they will not be legal in nature, they will be more from a practical stance.

STOP.THINK.LISTEN

Stop talking to everyone and what happened during their divorce.  Yes, each divorce goes through the same legal steps, but each divorce is different, because we are dealing with your family and your individual family’s situation.  Just because your friend receives maintenance doesn’t mean you will, or just because your friend only sees his kids once a month doesn’t mean that is how your parenting plan will be drafted. STOP.

Think about what you say before you say it.  This is hard in everyday life, now you add on the stress of a divorce.  Don’t talk about your divorce to everyone you know.  Don’t leave evil voice mails on your soon to be ex-husband’s cell phone.  Don’t post on Facebook how you hate your wife’s attorney because she is an idiot.  THINK.

Listen to your attorney’s advice. Your attorney has your best interests at heart.  He or She has experience dealing with the emotions and issues that arise during divorce.  Let your attorney help you through these rough times.  If you don’t trust your attorney, then find someone else to represent you.  LISTEN.

Social Media and Your Kansas Divorce

As you know, there is a current trend to publish your personal, social and professional life on the Internet.  You can learn a lot about a virtual stranger by perusing the social media publicly available.  Whether you are using social media to network for business or pleasure, you need to use some common sense about what you publish for everyone to see.  I recently came across an article in USA Today and the author had some great points regarding the effect social media can have on your divorce.

Tips from the author, Kim Komando, from the article, Divorce Attorney’s Turn to Social Networking Sites for Dirt:

Watch out for ‘frenemies’

Social networks have become places to brag or rant; places to seek emotional support. You may be tempted to post photos of your new girlfriend. You may feel like trashing your husband. Or maybe you just feel like bragging about your new car.

The thing is, you and your spouse have mutual friends. And, you probably friended your family and in-laws. Like it or not, people take sides in a divorce. They may repeat your posts to your spouse. Or, they may let your spouse view your profile.

No matter how private your profile, word will get out. Be particularly cautious with new friend requests—they could be impostors.

Think about the kids

Mutual friends, family and in-laws aren’t the only people on Facebook. Your children may also use the site. And, if you’re smart, you’ve friended them to monitor their activities. Remember that they can see your posts, too.

Negative outbursts about your spouse can be damaging for your kids. You may also be tempted to force your kids to unfriend your spouse. Don’t. Aside from hurting your kids, it can cause legal woes. You’re opening the door for alienation of affection claims.

Be honest

It goes without saying that you should never lie in court. It’s wrong. Besides, it can cause serious legal problems.

This advice is especially true if online evidence contradicts your lie. Don’t maintain a LinkedIn profile if you claim in court that you can’t work. Don’t post a YouTube video showing your new boat if you claim financial hardship.

Of course, the same also works in reverse. Don’t lie on social-networking sites. Thinking about using Match.com to find a date? Be honest about your pending divorce and your children. You’ll look like an uncommitted parent or worse if you claim you have no children. Say you’re single, and a judge may brand you a liar.

Tread carefully

Think carefully about everything you post online. You can bet that any potentially damaging posts will be used against you. So, what should you avoid posting? First, you should never use the sites to harass or demean your spouse.

The two major conflicts in many divorces are money and custody. Brag about your extravagant vacation, and it looks like you have more money than you claim. Post pictures from that wild party, and you look like an unsuitable role model. Think twice about these types of posts.

You also want to avoid posting anything that will undermine your credibility or character. Are you playing Farmville at the same time your son has a little league game? Do your posts make you seem like you have anger-management issues?

Involved in a Kansas Divorce, But Forced to Live Together

Think you are the only couple doing this?  Trust me, you’re not.  In fact, this has become so common, that Primetime recently highlighted this issue in a story.

Why are divorcing couples still living together?  The main factor is money.  Either they can’t sell their house and/or they can’t afford to live in two separate homes.  While this is not a perfect scenario in any way, there are several positives that you should try to gain out of this arrangement.

1. Show your kids that even though your marriage has failed, your family hasn’t.  You will always be a family, regardless of your marital status.  Show a united front between you and your husband, which will allow your kids to have comfort in the fact that no matter what, he/she always will have two loving parents

2. Allow you and your spouse to “test drive” different parenting time arrangements.  See what arrangement works for you and the children and what doesn’t.

3.  Determine what method of communication works best for you and your spouse.  Is a weekly face to face meeting with the calendar best? Does email work better over text?  What about setting up an online calendar to share appointments and responsibilities?

4.  Get your personal finances in order.  If you think you want to keep the house, start a very strict budget and determine if you really can afford the house on your own.  Are you expecting to become employed after the divorce? Look for a job and get one now.

Keeping your Job While Going Through Your Kansas Divorce

A divorce is an extremely stressful time in your life.  To try and keep this stress separate from your work life is almost impossible.  An article was recently posted in the Kansas City Star discussing how a custody battle can affect your performance at work.  The article is certainly worth fully reading, however, the article discusses the fact that there is less room in the workplace for “slip-ups” in this tough economic climate.  Further, stress leads to health problems and if you have already taken off all of your paid time off for divorce meetings and hearings, you are forced to take unpaid time off which potentially could lead to a negative impact on your job.

While I can’t make divorce go away, I can offer a less stressful, complicated and expensive divorce.  My goal is to ease you through this difficult time without causing you extra stress and burden.  My firm offers a flat fee low cost Kansas divorce for couples that meet my criteria:

  1. Have both you and your spouse agreed that your marriage is broken and you both wish to obtain a divorce?
  2. Are you both comfortable with the knowledge you have concerning your family finances, including assets and debts?
  3. Are you and your spouse still able to clearly and calmly communicate with each other?
  4. Do you and your spouse agree on issues regarding parenting, such as child custody, parenting time and holidays?
  5. Do you and your spouse agree on the division of marital assets, debts and other property division?
  6. Do you want to save time and money with respect to your divorce?

Click on the “Uncontested” tab and read more about this service.  Feel free to contact me for more information or to set up your initial consultation.

Kansas Covenant Marriage

Last week the House passed an amendment to HB 2667 (see Section 52 – 59) approving covenant marriages.  First, what is a covenant marriage?  This is an agreement that you make at the time of obtaining your marriage license that you and your spouse agree to be bound by the laws of covenant marriage, which means that you will receive counseling before getting married, and if you experience marital difficulties, you will make all reasonable efforts to preserve the marriage, including counseling.  If you decide you want to get divorced, you can only get divorced under certain grounds.  The reasons for divorce include one spouse had committed adultery; been convicted of certain crimes, including murder or rape; or had abandoned the other spouse.   Divorce can also be granted if couples have lived apart between one and two years depending on circumstances.

What does this REALLY mean?  In my opinion, it means that there are going to be a lot of unhealthy, unhappy families remaining married simply because they signed a covenant marriage agreement.

Kansas is currently a no-fault divorce state.  Divorce is ugly enough, it is nice to not have fault as a factor in the divorce.  I understand the idea of preserving families and the sanctity of marriage, however, I do not think an additional counseling session and check in the box for a covenant marriage is the answer.

One positive side to this covenant marriage is that you have to agree to enter into a covenant marriage.  The default will still be the Kansas no-fault divorce under irreconcilable differences.  You may want to think long and hard before entering into a covenant marriage because I do not have one client that has ever said to me that when they got married they were planning on getting divorced.  Divorce in a no-fault state is not easy, it is still a devastating, emotional and expensive event in two people’s lives, why make it more difficult?

Kansas Divorce and Religion

A man in Chicago is facing 6 months of jail time for getting his daughter baptized.  What??  Well, of course, it is not that simple, but what you must know is this:  The parents of the minor child are currently involved in a divorce, and there is a 30 day Temporary Restraining Order restricting Dad from taking the daughter to church, exposing the child to anything other than the Jewish religion.   There are many issues regarding parenting, however, one main argument is the minor child’s religion – Mother is Jewish, Father is Catholic.  Although Father converted to Judaism prior to getting married, he never stopped practicing Catholicism.

The full transcript of an interview with the Father can be found here.

Yes, this case is in Illinois, and yes, this is an extreme case, but what you must take from this case is the following:

1. Do not take the Judge’s Order’s lightly.  When involved in a divorce, if a Judge enters Orders, these Orders must be followed or else you will be faced with either civil contempt or criminal charges.

2. Religion is as major of a decision as the children’s health.  You cannot make unilateral decisions regarding any of these major issues.  They must be agreed upon and if not agreed upon, you must follow the Judge’s orders.

3. If you decide to raise your children during the marriage as a certain religion, likely the Court will allow the minor child to continue to be exposed to that religion.

The next hearing is March 3rd.  I am interested to see what comes out of this case.

2010 Changes to Kansas Child Support Guidelines

The Kansas Supreme Court has approved changes to the Kansas Child Support Guidelines effective January 1, 2010. The majority of the Guidelines remain the same, however, there are three updates have been made to the guidelines, two concerning the establishment of medical support obligations and one including the 2009 and 2010 tax schedules.

Medical support obligations

The changes concerning the medical support obligations were made necessary due to amended federal regulations, CFR Sec. 303.31 – Securing and Enforcing Medical Support Obligations. The Court made every effort to keep the updates to the Guidelines as simple as possible while bringing the Guidelines up to date with the new federal regulation. This was accomplished by updating Section III.B, General Instructions, Applications by adding a new section 10 – Birth Expenses. The application of this change will generally only affect parties who have children and are not married, most likely in a paternity suit, or parties divorcing who have a large amount of debt associated with the birth a child. The new section 10 reads as follows: 10. Birth Expenses If a judgment for birth expenses is awarded, the presumed amount is the parent’s proportionate share as reflected on line D.2 of the Worksheet. If a parent’s proportionate share of the birth expenses is more than 5% of the parent’s gross annual income projected over five years, the parent may request deviation from the presumed amount.

Health, Dental and Optometric Expenses Another change in response to CFR 303.31 was made to 4. Health, Dental, Orthodontic, and Optometric Expenses (Line D.4) a. The change requires the parents to determine what is the actual cost of insurance for the child or children.   This has been applied by courts for some time now.  Many parents want to put the full cost to them on the child support worksheet.  Just because health insurance for your family costs $250 out of your paycheck, this does not mean you get to deduct the full $250.  You only get to deduct the amount that it costs to cover the children.  Therefore, you must determine the cost for covering you as a single person and subtract this from the cost to cover you and your children.

2010 Tax schedules The third change was new Federal Income Tax Factors extending the current tables from 2008 to 2010. A copy of Administrative Order No. 216, amended November 17, and a strikeout version of the amended guidelines can be found at here.