Sunday, March 09, 2008

The Divorce Factor in Do-It-Yourself Wills

H&R Block recently launched a new product, WillPower, a software program that helps people draw up their own estate plans, trusts, and wills. You can learn more about it in this article in the Cape Cod Times – or you may have read it your local newspaper by now.

While I’m all for getting your ducks in a row, estate planning for people who have been married before is complicated at best. Here’s a piece of the article that illustrates my point:

"Those little kits could work if you have the training, education and expertise to use them properly," said Lee Davis, a Johnson City, Tenn., lawyer and president of the National Association of Estate Planners & Councils.

"However, there also is lot of potential for someone insufficiently versed in legal matters to create major problems for heirs, for example by leaving out something important or using incorrect or ambiguous language," Davis said.

"Hiring a lawyer also becomes an increasingly better idea if your estate becomes bigger or more complicated, or if your or your heirs' circumstances are changed by death, divorce, remarriage or some similar event," Davis said.

"Kits just don't cover all those conditions," he said.

So before you sign up for the do-it-yourself kit, keep in mind a few important factors:

 The current wife may not have access to her husband’s estate if alimony, child support, or family support obligations to the “first family” have not been satisfied.

 The current wife may not have access to her husband’s retirement accounts, if the ex-wife is listed as the beneficiary.

 Children from the second marriage may not have access to their father’s estate, if obligations to the “first children” have not been met.

So if you or your spouse has been married before, you’re better off consulting with an attorney who will make sure all of the factors are considered. Which doesn’t mean you shouldn’t pick up WillPower or a comparable product. The software can help you organize your papers and make important choices about where your estate, which will help you save big on your legal fees.

Do you have all of your important legal and financial documents in one, safe place? If not, don’t fret. Most people don’t have every key document at their fingertips. February is a great time to gather these documents in preparation for tax season, and of course, life’s little surprises.

A complete document checklist is available in my book, Every Single Girls’ Guide to Her Future Husband’s Last Divorce, and in the coming weeks I’ll be providing you with tons of helpful advice about how to organize (and find) the documents on the list.

So stay tuned!

Wednesday, March 05, 2008

Before You File: Recapture Rule Basics

Recapture. It sounds like a Lifetime Movie of the Week, in which the same villain kidnaps the heroine – twice. Or perhaps it’s a romance where an estranged couple ends up stranded in a mountain cabin where they “recapture” the spark that brought them together.

Unfortunately, where the IRS is concerned, it’s less entertaining. The recapture rule applies to many types of tax, but in this instance, I want to bring your attention to how it affects alimony payment deductions.

If you or your husband pays alimony to a former spouse, deducting those payments feels like a year-end bonus after twelve months of cutting checks to the ex. The alimony deduction can add up to a hefty sum, and keep that tax payment down to a manageable amount.

BUT, the IRS has rules about alimony payments, and if you don’t follow them to the letter, you could end up having to pay back the entire deduction – with penalties and interest. I cover this at length in my book, and here’s a link to the IRS page on alimony.

A quick snapshot of some of the issues pertaining to the alimony recapture rule:

 Alimony payments must be made in cash (including check or money order).

 Alimony payments must not include child support or a child-related expense. So, if you or your spouse pays family support (a combination of alimony and child support) you could have a problem.

 If alimony payments decrease or terminate in the first three years of the settlement, the payments could be subject to recapture.

It’s a good idea to read the alimony information at www.IRS.gov, because it also shows how some of your other financial obligations to the ex may be considered alimony and therefore would entitle you to additional deductions. Life insurance premiums and mortgage payments on a jointly owned property, for example.

If you or your spouse ay alimony, take five minutes to read the section in my book about the recapture rule, consult with a tax attorney or CPA, or read the fine print on the IRS website. Because if your sizeable alimony deduction is recapture, you could end up a subject of a Lifetime Movie, a fixer-upper tale that goes something like this: newlyweds go bankrupt and have to start over from scratch. Yup. A real feel-good flick.

Saturday, February 09, 2008

It’s Not Over Until the Lap Dance Begins

As I mention in my book, Every Single Girl’s Guide to Her Future Husband’s Last Divorce, when my husband officially finished paying child support, I was so excited I gave him a lap dance and a bottle of champagne.

While I certainly don’t begrudge my stepchildren from receiving financial support from their father, it was a huge component of our budget that I was glad to be done with.

If your guy has kids from his previous relationship(s), child support is probably a hot issue in your house as well. But if your guy told you he doesn’t have to pay child support anymore, I’m here to tell you that it’s not over until it’s over.

How did I know my hubby signed his last support check? Because he finally got his ex to sign a Satisfaction of Judgment. This document carves in stone that he has satisfied his child support obligation, and is no longer required to make payments. Done. Over. Finished. And recorded in the county recorders office for all eternity.

Unless you have a Satisfaction of Judgment from Child Support Service or your ex in your hot little hands, you can’t be sure that your guy won’t have to pay out more…and more….and possibly even more child support, even 20 years later. In fact, even if his ex wife states emphatically that he has made all of his payments, the state can still come after him for more money, due to computer errors or other factors.

If you’ve stood by your guy for years while he dutifully sent his monthly child support check in, you too may be inspired to give him a special treat when it’s all over. But table that celebration until he gets that Satisfaction of Judgment signed and recorded. Once he has it, let the lap dance begin!

Saturday, January 12, 2008

Wealthy Girl Summit

For all of you high net worth women (and wannabes), the Wealthy Girl Summit is just two weeks away! I am honored to be a featured speaker at this groundbreaking event, a Virtual Wealth Building Conference for women of all ages and means.

At the conference, which takes places January 24-27, I’ll be joining other experts such as Christine Comaford Lynch, a world-class entrepreneur and author of “Rules for Renegades.”

I’m thrilled to report that bestselling author Marci Shimoff is also on the bill. Marci is known throughout the world for her transformational seminars, and you may remember her from the movie, “The Secret.” Her latest book – “Happy for No Reason” - is a must-read for anyone looking to create wealth and happiness from the inside out.

The Wealthy Girl Summit is a fantastic opportunity to learn key strategies for building and maintaining wealth. The first three seminars are live, and offer you an opportunity to participate by asking questions. Day Four is a “Million Dollar Entrepreneur” Video Webinar that you don’t want to miss, a roundtable discussion featuring the Wealthy Girl experts discussing the keys to wealth through entrepreneurship.

I’m all about virtual anything, so I’m extra excited to be part of this event. Women from all over the country can participate at the same time, without leaving the comfort of your own home or office. What could be better than that? (Okay, maybe eating chocolate or getting a pedicure while you attend the virtual seminar. But that is SO doable!)

See you there!

Tuesday, January 01, 2008

Before You File

My post today is for all of you eager beavers who get their taxes filed as soon as that W-2 lands in their lap. Marrying a divorced man doesn’t just mean filing jointly, it also means your own net worth may be affected by his support obligations.

If your hubby owes back child support, there’s a good chance that your tax refund will be applied to that balance. Not only that, you may never get it back. Even if your guy really doesn’t owe any back child support, and you can prove it, if the “computer” thinks he does, you’re out of luck.

Likewise, if your guy owes back taxes, your refund could be taken to pay off that balance. Again, once you’ve filed jointly, there’s very little recourse with respect to your refund.

So what’s a girl to do? File a separate tax return.

As much as you were looking forward to signing your tax return together and then toasting the milestone with a lovely glass of Cabernet Port, you’re better off postponing that moment until your guy is free of tax debt and/or child support obligations.

There are some drawbacks to filing separately when married, such as the loss of a few deductions, but there are also a whole host of other reasons why filing separately is the best course of action for high net worth women (and wannabes).

Even if you make so much money that a tax refund is a distant memory, it’s important to consider the potential consequences filing jointly may have on your finances.

It’s a complicated subject, one that you can learn more about in my book, Every Single Girl’s Guide to Her Future Husband’s Last Divorce. I also go into detail about the various options you have to further protect yourself from your husband’s past.

In addition to reading my book I also recommend you discuss these issues with your CPA. If you don’t have one, get one. You’re playing with the grownups now. Bring a copy of my book with you to your consultation – not every CPA is well versed on the subject.

Before you file, get educated about the state of your hubby’s finances, and the pros and cons of filing jointly. The deadline is April 15th, you know. You don’t always have to be the first in line!

Sunday, December 23, 2007

Are All of Your Kids Equal?

Holiday shopping done yet? Me either. Just like you, I’m crazy busy with work, my husband, my kid, and that to-do list that, no matter what I do, only seems to only get longer.

So understand I feel your pain when I drop this new to-do on you: It’s time to make sure all your kids are created equal. This means the before and the after kids – your kids, and your partner’s kids from a previous marriage.

If you don’t have kids yet, reading this post will help you ensure any future children will be treated equally.

Making sure all of your kids receive an equally fabulous gift this holiday season is tough to say the least, especially when exes are involved. But I want you to think beyond the seasonal trinkets and toys that will be yesterday’s news come the spring thaw.

I want you to think about asset allocation. You: Groan. Me: Okay, okay. Bing Crosby is singing on the radio, you’re hanging up twinkling lights, and you're eating cordial cherries without feeling guilty. The LAST thing you want to think about is asset allocation.

Hear me out. People with children from more than one relationship must carefully consider if they have allocated their assets equally among ALL of their children. Very often, one set of kids gets the shaft; either the old family becomes invisible, or the new family is considered second best.

For example, what if one set of kids will inherit a trust fund at age 21, and the other set of kids will have to work their way through college? That kind of disparity is likely to make things rough at the dinner table.

What’s the best gift you can give your kids this holiday season? Find a way to treat all of your kids as equally as possible – from the presents under the tree, to the assets in the bank.

PS: If you see me at the mall looking dazed and confused, just pat me on the shoulder and point me in the direction of Starbucks…

Thursday, December 20, 2007

The Perfect Gift for…His Ex?

Harmony around the holidays can be a real challenge for mixed families. It’s an emotionally charged, busy time, filled with memories of holiday’s past and custodial negotiation. Still, there is something you can do to help make this Christmas merry for all.

You can get your hubby’s ex wife a gift.

Not from you, silly. From the kids. See, Dad used to have that job. He would schlep the kids to the mall and try to find a present for Mom. Now that they’re divorced, he’s probably grateful to cross her off his gift list. But this means Mom isn’t getting a present from her kids this year, unless they’re teenagers and can fend for themselves (in which case, good luck to her!).

But if your stepchildren are young, taking them out to choose a present for Mom is just about the best move you could make this year. Better still (for Mom) is you actually have an idea of what might be an appropriate gift, so she’s probably going to love it.

Here are a few tips for choosing the perfect gift for your husband’s ex:

1. Don’t Be a Scrooge – Spending too little on a present for Mom is in bad form, especially because she will find out that you were behind this (not so) grand gesture. Make sure that you find a quality gift that shows you and the kids care. That means no bargain basement finds, and absolutely no free gifts with purchase.

2. Give it Thought – Brainstorm ideas for the gift(s) with your stepchildren so that you can come up with a personal gift that shows you gave it a lot of thought. Generic presents such as gift baskets and armchair throws just won’t cut it.

3. Let the Kids Decide – If your stepchildren have a specific present in mind that you don’t agree with, just get it anyway. They know her best, and she’s going to love anything they pick out themselves. If you think she might appreciate something else, pick that up too, and have all of the kids give it to her as a bonus gift.

Getting a present for your hubby’s ex wife can go a long way toward fostering trust between the two of you, and togetherness between you and the kids. It shows you honor their mother, which makes everyone feel good. And that, savvy girl, is what family is all about.

Saturday, December 15, 2007

The D-Word

Ah, the holidays. Time to bring that hunk of burnin’ love home for a big fat dose of crazy. Come on. It’ll be fun. He met your family, they like each other. No problem.

So what do your parents think of your guy? Did they welcome him into the family with open arms? Or did they have a problem with his past, namely his D-I-V-O-R-C-E?

What? Hmmm? Oh. I see. Haven’t told Mom and Dad about dreamboat yet, huh? Don’t worry. You’re not alone. Plenty of successful, independent women turn into scared little girls when it comes to talking about their guy’s former marriage.

Despite the fact that more than half of American marriages end in divorce, the subject is still somewhat taboo when you bring your guy home to meet the family. For some families, marrying a divorced man is an absolute “no-no.” And at the very least, the situation is awkward for all concerned.

Even in these oh-so-modern times, Aunt Edna still only mouths the word, “divorce,” and Mom still calls it the “D-word.” And for those of you with open-minded families who believe in the pursuit of happiness, there is still a stigma associated with divorce.

Why is that? Why do our families still have an issue with this issue? Why do we still hesitate to tell our nearest and dearest that we’ve fallen for the man of our dreams, who just happens to be divorced – with kids?

Because marrying a divorced man means that your life could get complicated, messy, and perhaps even ugly. It means that you may have to struggle and compromise in ways that single couples don’t have to, and your folks know that. And you know your folks know that. Even Aunt Edna knows that.

But while you may have gotten out of bringing your darling home this summer, you won’t escape the holidays. It’s time to face the music and let the sugar cookies fall where they may. Here are my three top tips for dealing with the “D-word” this holiday season:

1. Know Your Facts – When Mom starts grilling you about custody, child support, and the color of his ex wife’s hair, you better be prepared to answer every silly and warranted question. Your family doesn’t want to be in the dark, so be patient when they ask and be frank with your answers. Otherwise you rumors may start that will never, ever die.

2. Get a Prenup – Okay, you don’t even have your holiday shopping done yet, so a prenup isn’t going to happen before the holidays. BUT, not only is the best way to protect you and your future kids, it’s also a great way to calm down dear old Dad. So if you can’t get one in time, at least get educated about them so you can use that information during emergencies – say when Dad has dreamboat cornered by the eggnog.

3. Save Miracles for Church – You may know that your guy is your soul mate, but it could take awhile for your family to come around to that fact. There’s a good chance that at least one of them will give your guy the cold shoulder, dirty looks, and the third degree. You may even get a “surprise” visit from your old - and still single – prom date, courtesy of your we-know-what’s-best-for-you family. Try to take it in stride, and don’t expect any Christmas miracles. They’ll come around eventually; just give them the space to do it in their own time.

Have courage, savvy girls. Happy holidays!

Monday, December 10, 2007

A MUST-READ ARTICLE

On December 1st the NY Times ran an article titled, “Mothers Scrimp as State Takes Child Support.” It caught my attention because child support is a topic I write about in my book, and talk about on television and radio. But you may have skipped it, or not seen at it at all. Why? Because you have to connect with something on an emotional level first in order to express further interest. What you define as a “must read” may have more to do with your career, your wedding, or your wardrobe, than it has to do with your future hubby’s child support obligations. But I’m just guessing.

What do welfare mothers have to do with you anyway? Plenty. If you’re planning to marry or have married a divorced man with kids, child support (and consequently the welfare system) will be a central issue in your home. But do you really know what you’re up against?

The Times article sheds light on a serious issue in child support enforcement, using child support payments to fund the welfare system, rather than support the children for whom the money is intended.

The article also discusses some of the other negative consequences of the system, which could affect your guy. Here’s a little blurb you may find troubling:

“Young fathers with little education or job prospects find themselves in arrears and facing jail time or the loss of their driver’s licenses as a result, making it all the harder to start earning and paying, said David J. Pate Jr., an assistant professor of social work at the University of Wisconsin, Milwaukee.”

While the focus of the article is on low-income families, the same trouble could come knocking on your sweetie’s door. It pays to be informed about the child support industry; reading this and other important articles will help you stay on top of the latest developments.

In my book, Every Single Girl’s Guide to Her Future Husband’s Last Divorce, I devote an entire chapter to child support and the potential issues that could plague your family for years. By the time you’re done reading it, you’ll know exactly how to protect your family’s financial health – and your own assets.

So get educated. Stop thinking of child support as “your husband’s issue.” It’s time to change your idea of what is a “must read,” and learn all you can about child support.

Thursday, December 06, 2007

WELCOME!

Howdy, bloggers! My new blog launches today, and I have to say, I’m all giggly inside. Finally, a unified way to connect with all of you – clients, readers, friends – and keep you informed in the process.

It was just over one year ago that I began writing my first book, Every Single Girl’s Guide to Her Future Husband’s Last Divorce, which comes out in January. Now, we’re getting ready for the promotional tour! The experience was a whirlwind, to say the least, but it confirmed what I knew to be true: That women can move mountains. That means you, too.

If you’ve stumbled on this blog, please take a minute to read my profile. To get a taste of my style, read some of my articles at Divine Caroline, such as “Confessions of a Reformed Brazen Hussy.” Or, check out my contribution to the Huffington Post, “Just Because You Can, Doesn’t Mean You Should.”

Tune in again soon, because this blog is going to rock! As a self-confessed tech junkie, I’m all about the bells, whistles, and then some. So expect podcasts, video blogs, and other juicy tidbits in the days and weeks to come.

I’ll also be blogging from my tour, sharing stories of women just like you. So bookmark me already!