Archive for February, 2010

Grandparent Dependency Exemptions

Saturday, February 27th, 2010

The following article was written by Kathy Howell, IRS Tax Senior Tax Consultant
Blog: www.oregonlive.com/business/
Can we claim our daughter and her son who live with us?
February 02, 2010, 11:06AM
Question from Jackie
January 29, 2010 at 4:23pm
Kathy,
My 21 year old daughter has a 3 year old son. They both live with us and we support both 100 percent. Can we claim her on our taxes? She does not work, receive any child support or government assistance.
Answer:  Jackie – It may be possible for you to claim both your daughter and your grandchild on your tax return. 
In order to claim a dependency exemption for both your daughter and your grandson they must qualify as either a Qualifying Child or Qualifying Relative. There is only one dependency exemption for any one person. Two people cannot claim the same individual on their tax return and that includes the taxpayer.
You can claim an exemption for a Qualifying Child or Qualifying Relative only if these three tests are met.
• You cannot claim any dependents if you, or your spouse if filing jointly, could be claimed as a dependent by another taxpayer.
• You cannot claim a married person who files a joint return as a dependent unless that joint return is only a claim for refund and there would be no tax liability for either spouse on separate returns.
• You cannot claim a person as a dependent unless that person is a U.S. citizen, U.S. resident alien, U.S. national, or a resident of Canada or Mexico.

There are five tests that must be met for you to claim your grandson as a qualifying child (QC). The five tests are:
Relationship – The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.  <em>A grandson meets this test.</em>
Age – The child must be under age 19 at the end of the year or under age 24 at the end of the year and a full-time student or any age if pernanently and totally disabled.  <em> Your grandson meets this test.
Residency – The child must have lived with you for more than half of the year or be related to you.  <em>You don’t really say how long he has lived with you.</em>
Support – The child must not have provided more than half of his or her own support for the year.
If your grandson does not meet the tests to be a Qualifying Child he may be a Qualifying Relative if all the following tests are met. In order to claim your daughter she must met the following tests also.
1. The person cannot be your qualifying child or the qualifying child of any other taxpayer.
2. The person either (a) must be related to you as a Relatives who does not have to live with you, or (b) must live with you all year as a member of your household. (A daughter or grandson does not have to live with you.)
3. The person’s gross income for the year must be less than $3,650. Gross income is defined as all income in the form of money, property and services that is not exempt from tax.  This would include wages and unemployment compensation. 
4. You must provide more than half of the person’s total support for the year. You figure whether you have provided more than half of a person’s total support by comparing the amount you contributed to that person’s support with the entire amount of support that person received from all sources. This includes support the person provided from his or her own funds.
 
You may find the Worksheet for Determining Support, available in Publication 17, Your Federal Income, or Publication 501, Exemptions, Standard Deduction and Filing Information, helpful in determining support provided.
You can visit www.irs.gov to order view, download or print IRS forms and publications or you can call (800) 829-3676 to have them mailed to you.

Should You Put Your Spouse’s Name On The Deed To Your House?

Thursday, February 25th, 2010

If you owned your home prior to your marriage, there are legal consequences to placing your spouse’s name on the deed to your home after your marriage.

Under Georgia law, if you owned your home prior to your marriage and placed your spouse’s name on the deed after your marriage, that is considered a gift from you to the marriage and the entire value of the home becomes marital property.  It does not matter what the reason was for the transfer.

I have seen several cases in which a home is refinanced after a marriage, and the person who owned the home prior to the marriage placed their spouse’s name on the deed as a result of the refinance.  If the parties divorce after the refinance, the entire value of the home is considered marital property.

Before you put your spouse’s name on the deed to the home you owned prior to your marriage, contact an attorney who is knowledgable about family law.  Talk to an attorney about the consequences of putting your spouse’s name on the deed to the home you owned before the marriage, and whether you need a prenuptial or even a postnuptial agreement to make your intentions clear.

Best ways to Keep Connected with Your Kids after Divorce

Friday, February 19th, 2010

The following article was written by Rosalind Sedacca, CCT, Founder of Child-Centered Divorce

Divorce is a time for disconnect. It’s not uncommon for you to feel alone, rejected and insecure in the months following your divorce. So can your children. It is important for you to strengthen your bond with your children during this time of transition – whether you are living with them or apart.

Children want to know they are still loved, valued and cared about. Show them, tell them and keep in close communication with them – during the happy times and the sad ones. They need to know they have a safe place to turn, a shoulder to cry on and a non-judgmental ear when they need it. If divorce has been tough on you – remember it’s even tougher on them – whether they confide that to you or not.

Here are five important ways to reinforce your connection with the children you love.

1. Connect through notes:

If you’re living together, slip a note in your child’s lunch box or notebook every few days. A quick joke, cartoon, reminder about a special event ahead or just a warm “I Love You!” will let them know they’re on your mind and in your heart. If you’re not spending time together, send an email note or a quick text message to convey that you’re thinking about them.

2. Connect through idle chats:

Take advantage of idle moments here and there when you’re together with your child. Driving in the car is a great time to ask questions, share your feelings, and be empathic about their comments. When you’re helping them with homework, cooking meals together or doing other chores you can strike up a conversation as well. Just be careful not to turn these communications into lectures. You’re there to listen, reflect and learn. If you judge or condemn, you’ll close the door to hearing any more.

3. Connect through bedtime routine:

It’s always wise to create a before bedtime routine with your children that integrates warm connection. Spend time reading books on changing themes, talk about your own childhood memories and challenges. Share your own insecurities and how you overcame them. It’s also beneficial to ask your child about the best part of their day or a new lesson they learned. Bedtime routines help you both unwind and appreciate one another. It also creates a security bond that most children really value.

4. Connect through a new project:

After divorce many things change in a child’s life. It’s a good opportunity to create connection through new projects that take on special meaning. Whether it’s a multi-day puzzle, a plastic model you complete together, new shelves or other decorating project in their bedroom, this shared time is a wonderful time to talk, listen to music and make a stress-free connection.

5. Connect through special dates:

Every now and then create a special outing alone with just one of your children. Take them to lunch, the zoo, a big-city shopping trip, a sports game or a wonderful movie. Children cherish alone time with you and the opportunity to catch up with one another without competition from siblings. Prepare this “date” in advance so you both have something to look forward to. End the date with a token gift as a keepsake “reminder” of your time together.

It doesn’t take a lot of effort to reinforce your connection with your children, especially as you all transition through and after a divorce. It’s the sincerity of your effort, not the money you spend, that impacts their lives and helps them to feel safe, loved and secure despite the changes and challenges created by the divorce.

Connection time will also heighten your awareness about your children’s attitudes, moods and feelings so you can address potential problems early-on before they become serious behavior issues. Create the time to keep connected with your kids. You won’t regret it!

For Rosalind Sedacca’s free articles, ezine and other valuable resources visit http://www.childcentereddivorce.com .

How do I figure out how to live on less money after the divorce?

Sunday, February 14th, 2010

Finding ways to stretch the family dollar is often the most difficult task in adjusting to life post divorce. Here is the start of a guide for beginning the process of adjusting to a new cash flow reality. Create a budget with the goal of achieving the following results.
1. Detail all income and expenses
a. Determine your net disposable income from employment, support and any other sources.
b. Get your checkbook register, checking account statement and credit card receipts.
c. Categorize your expenses into home, food, entertainment, etc. on a monthly basis.
d. Create a separate budget for child related expenses
e. Categorize your expenses between Fixed and Discretionary.
f. Determine your Total Spending.
2. Create guidelines for your spending in each category.
a. Remember these are just guidelines.
b. If you treat them like rules you must follow you will miss the benefit associated with realizing you have made a positive change.
3. Create a snapshot of your financial world.
a. Compare your Net Disposable Income to your Total Spending.
b. Once you have the first snapshot of your income and expenses you can begin planning to make changes.
c. Decide what constitutes a realistic budget.
i. Compare your children’s budget to the National Averages here http://www.cnpp.usda.gov/Publications/CRC/crc2006.pdf
ii. Determine your debt to income ratio by determining what percentage of your monthly income goes to paying debts. If it exceeds 28%; consider trying to reduce your debt load.
d. Find where you can cut discretionary expenses. Discretionary expenses include entertainment and dining out and offer the best source of budget cuts.
Working through this process with a Financial Planner will be helpful even necessary for some folks. You are not alone in your dread for budgeting. Humans are built with the evolutionary skew towards surviving today at the expense of tomorrow.
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This checklist was created by Justin Reckers, CFP®, CDFA™, AIF®
Justin is a Managing Director of Pacific Divorce Management; a San Diego based firm specializing in the financial aspects that arise for couples going through a divorce. Justin has developed a passion for guiding people through what can be the most emotionally and financially devastating period in their life. He provides education and support during difficult decision making processes in order to facilitate rational and informed conclusions for clients. Justin also serves as a Financial Planner for Pacific Wealth Management, LLC, a San Diego-based investment management, consulting, and financial planning company where he specializes in comprehensive financial planning. His practice includes a comprehensive post divorce financial planning program for clients dedicated to preparing for financial independence and long term success during the post divorce transition. This program was developed with his Family Law experience in mind having seen the negative effects of lack of follow through.
For more information on Justin Reckers or to get in contact with him, go to his homepage: www.pacdivorce.com