Elder Law, Family Law, and Estate Planning in Hackensack, New Jersey

The “ Tax Cut and Jobs Act ,” TCJA for short, is major legislation that affects individuals, businesses, and tax-exempt and government entities. Passed in December 2017, several changes were made to the individual income tax that affects estate plans and retirement planning. This first post will examine the generation-skipping transfer tax exemption. The next post will review TCJA’s impact on retirement planning, specifically Roth conversions, 529 savings plans, and the elimination of the individual mandate provision of the Affordable Health Care Act .                                                                 Before we get started on the discussion for today’s topic, a disclaimer. The Giro Law Firm does not provide tax, legal or accounting advice. This material has been prepared for informational purposes only, an...

This is the second and final post on the effects of the Tax Cut and Jobs Act (TCJA) on divorce settlements. The previous post examined changes to alimony or spousal maintenance or support, the elimination of the individual mandate under the Affordable Care Act (ACA), and the doubling of the child tax credit and expansion to include adjusted gross incomes under $200,000 for individuals and $400,000 for married couples. This post will examine the so-called “kiddie tax” and how those changes impact divorce settlement                          But first, a disclaimer. The Giro Law Firm does not provide tax, legal, or accounting advice on this blog. This material has been prepared for informational purposes only, and is not intended to provide, and should not be relied on for, tax, legal, or accounting advice. You should consult your own tax, legal, and accounting advisors before engaging in any transaction. You can als...

The Tax Cut and Jobs Act (TCJA) passed in December of 2017, is major legislation that affects individuals, particularly families going through a divorce. Several changes were made to family tax credits and the kiddie tax. One of the key changes involved alimony or spousal support or maintenance. Previously, the paying spouse was able to deduct spousal support or maintenance payments made to the receiving spouse in his or her individual taxes. Effective January 1, 2019, that tax exemption will no longer apply. For more information on the impact of TCJA on alimony payments see our post, Alimony and the New Tax Law .                                                                Before we get started on the discussion for today’s topic, a disclaimer. The Giro Law Firm does not provide tax, legal, or accounting advice on this ...

When seeking a divorce, a couple puts all issues surrounding their marriage on the table. To reach a divorce settlement, both spouses must reach a consensus on division of assets and debts, spousal support, child custody, and child support or let the courts make the determination for them. Couples also must decide who gets to keep the family pet. So, what happens to Fide, Rex, or Spot in the event of a divorce?    New Jersey Pet Custody Laws Pet custody rules vary by state. In New Jersey, pets are considered personal property, like jewelry or the flat-screen tv. Like other personal property, during a divorce the spouses also determine who will get to keep the family pet. If they can not agree amongst themselves, a judge will decide for them. Keep in mind, there is no such law as the pet custody law in New Jersey. The law in place governs the division of personal property. Since pets are considered personal property in New Jersey, to determine who gets “custody” o...

This is the third and final installment in a series on parental alienation. The first post reviewed parental alienation. The second post explored warning signs that your child may be the victim of a parental alienation situation. This post will examine how to assert your legal rights and stop the abusive behavior.            If you find that the other parent is interfering in your relationship with your child, it is normal to ask yourself, how did this begin? Contempt and the harboring of contempt is at the forefront of the other parent’s behavior. The other parent is also most likely a manipulator. She or he is able to manipulate you and your child. Parental alienation often begins subtly. At first it is derogatory comments. It then moves to demeaning, negating, and even berating comments that target the other parent.  What to do if You Suspect Parental Alienation If you suspect that your ex-spouse or partner is alienating your chi...

Parental alienation cases can be particularly difficult. Emotionally, they will challenge you in ways you never thought were possible. No one wins in parental alienation cases because the child will always strive to love and understand both parents. This is the second post in a continuing series about parental alienation. The first post explored parental alienation generally and how it manifests itself in the abusing parent. This post will focus on how to recognize the early warning signs that parental alienation is present in your relationship with your child. Check back next week to explore what your legal options are if you find that parental alienation is interfering with your relationship with your child.                                                                 How to Recognize Early Warning Signs T...

Has your child asked you not to attend a school event, sporting event, or be involved during parent-teacher conferences? Are you being challenged by your child regarding perceived past wrongs? Do you feel like you are being shut out of your child’s life for no reason? Your child may be the victim of parental alienation.                                                                       Parental Alienation at a Glance Manipulation of a child’s mind and attachment bonds with a parent in a negative way is a form of child abuse and described as parental alienation. To understand why your child may be pushing you away, it is important to take a step back and begin examining your relationship with the other parent and what you know of the person. More serious considerations are to be explored keeping the...