Author: redheadedlaw

From Forbes.com via Jeff Landers

Red flags seem obvious, once you know what to look for. You may have good reason to be suspicious if your husband:

1. Maintains complete control of bank account information and online passwords.
2. Is secretive about financial affairs.
3. Owns a P.O. box or private mail drop box, which receives account statements and bills.
4. Has meaningful unreimbursed business account expenses.
5. Deletes one or more personal financial programs, Quicken or Quickbooks.
6. Says the computer containing important financial records has mysteriously “crashed.” Then, he removes the hard drive for a data retrieval attempt, and it’s never to be seen again.
7. Acts pushy when obtaining signatures on important documents, like tax returns and deeds. “I need to get this to our accountant today,” he insists.
8. Proposes an execution of mutual durable power of attorneys for “estate planning” purposes.
9. Enjoys out-of-town business junkets with his befriended, slippery financial advisor.
10. Develops SIDS (Sudden Income Deficit Syndrome). “My business is failing” suddenly crops up.
11. Suffers an income decrease without a corresponding reduction of expenses.
12. Binges on unusual purchases of flashy items, such as a car and jewelry.
13. Reports a dramatic decrease in value of marital and/or business investments.
14. Owns multiple cell phones or numbers over a relatively short period of time.
15. Makes frequent trips to countries with relaxed banking laws.
16. Exhibits childish greed and claims of entitlement.
17. Makes unusual purchases of toys or art that could be sold later.
18. Starts drawing on large amounts of debt.
19. Is involved in drug abuse.
20. Gambles more frequently than usual and is placing money “on account” with casinos.
21. Opens multiple business or personal bank accounts without obvious reasons for having that many.

A husband who hides assets usually has very specific, predictable objectives. In general terms, his goals are to:

1. Hide, understate, or undervalue certain assets,
2. Overstate debts,
3. Report lower than actual revenue, and/or
4. Report higher than actual expenses.

Most tactics are predictable, too. Here are a few of the most predictable strategies Miles has seen, along with the advantages and disadvantages for each:

• Hoarding unrecorded cash. Advantage: Removing cash (currency) lacks a paper trail, and offshore bank accounts are relatively easy (from a legal standpoint) to open. Disadvantage: Laundering over $100,000 in currency can be time consuming and will likely require travel. Depending on the circumstances, this tactic could involve the very serious criminal acts of money laundering, violation of cash transfer reporting requirements, federal income tax fraud and perjury.
• Secreting already recorded cash receipts. Advantage: This can be completed as part of a complex accounting scheme, which may be too complicated or expensive to discover. Disadvantage: Once cash is recorded, its absence or transfer is discoverable.
• Understating revenue. Advantage: The business owner has lots of options from which to choose. Some are simple and easy. Deferring revenue by manipulating the timing of revenue or accounts receivable may not constitute tax fraud. Disadvantage: Depending on the business owner’s sophistication, this can require a fairly predictable co-conspirator. If the co-conspirator is placed under oath, the scheme could result in perjury charges for the husband.

It is a sad fact of life that sometimes a marriage is just not sustainable. Perhaps each party gives it the best shot possible, but something can still go wrong. Neither party needs to feel shame, but rather simply needs to begin moving forward towards a brighter future.

When divorce becomes inevitable and an individual finds himself or herself in need of a divorce attorney in Spring, TX, there is no better counsel to have than the Red Headed Lawyer, Marivonne Essex. With a reputation of integrity and affordability, she will go to bat in the legal system to help make sure that the rights of her client are guarded and protected every step of the way.

You will enjoy a level of communication that most attorneys do not afford their clients. Phone calls and emails you send to her will receive a response within 24 hours. For Marivonne, communication is a key element in the success of her handling your case as your divorce attorney in Spring, TX.

Unfortunately, some individuals are afraid to make initial contact with a divorce attorney because they are afraid they will not be able to afford the legal services. In reality, the cost of NOT consulting with an attorney can be much, much higher in the long run. You need to speak with someone who can steer you in the right direction so that your assets and your future earnings are not compromised in a divorce action. Marivonne Essex prides herself on providing the highest quality of representation for her clients at an extremely reasonable cost.

When children are involved in a divorce, other dynamics come into play. No parent wants to wake up one day to discover that his or her failure to seek counsel from an attorney has resulted in losing the ability to share in rearing the children. Rather than blindly trusting the other spouse to make all decisions with regard to the children, it is highly recommended that both parents have legal counsel in a divorce. The Red-Headed Lawyer will invest the time, energy and professional skill necessary to help ensure that each of her clients receives everything they deserve when walking through one of life’s most difficult periods.

Dealing Successfully with a Divorce Attorney

Star Telegram, April 16, 2006

Dealing with divorce and divorce lawyers is not much different than taking a trip without first plotting out the route. If you go to a matrimonial lawyer without specific objectives or goals in mind, and think he or she can fix it for you, you’ll be disappointed. Given a specific set of facts, lawyers are trained to apply the law and advise clients about ways to attain specific goals – or at least some of them.

Here are some basic guidelines:

• Gather as much of your financial and other information as possible before you go to see your lawyer. This includes tax returns and schedules, financial statements, budget documents and the like from at least the last five years.
• Make sure your fee arrangement is in writing, that you understand it before you sign, and that everyone understands how you will pay your bill. Generally, lawyers are not allowed to take a percentage of what is recovered for you in a divorce case, so expect to pay by the hour.
• Since you won’t always need to talk to your lawyer wnen you have questions, meet and get to know the paralegal or secretary so you can give and get information billed at lower rates.
• Write out your questions, then make an appointment with the lawyer and take notes about what you’re told.
• If there are billing questions, talk to the billing clerk or the secretary who handles this aspect of the business. The lawyer should be the last resort.
• Photocopies made at the lawyer’s office may cost you 25 or more cents per page, sometimes plus the time of the person making the copies. So for numerous copies, consider making your own at copy shops to save money.
• If you don’t understand something, ask. And if you have a problem with the way your lawyer is handling your case, also ask. Don’t allow the issue to fester.
• Your lawyer should keep you reasonably informed about the status of your case by sending you copies of what goes out of the office. Then you’ll be less likely to make emergency calls. Remember: Spur-of-the-moment calls just to find out what’s going on can get expensive.
• Don’t second-guess your lawyer based on the advice of friends and family. But if you feel strongly about a point, seek a second opinion. Let your lawyer know you feel this way.
• Remember that your lawyer works for you. After you have been fully informed and have reviewed your options, you and your lawyer should decide upon a course of action suitable to your situation.
• Don’t be surprised if your case takes time to get resolved. Although everyone is in a hurry to complete his/her case, you will have no control over scheduling issues that can keep your case in limbo for a long time.
• If your lawyer promises or guarantees you a result, get another lawyer.

— Jan Collins, a writer and editor, and Jan Warner, matrimonial tax and elder-law attorney.

It’s a great day to fight leukemia, and I’m helping my daughter Shannon and my son Sean do it. They’re committed to raising $3,500 each before their April run for this cause in Nashville. Most of you know I have never in the past sent out messages requesting a donation for any charity, but the hearts of my children, Shannon and Sean, are in this great cause, and I am supporting them as well as the charity.

Click here to view their donation page

Even small amounts will help fight this deadly disease that devastates so many families. Any size donation will be appreciated.

Yahoo finance has a good article on how your mom could be receiving more social security payments than she is currently receiving. If this is the case, or if you are unsure about your mother’s current social security payments in general, give the Essex Law Firm a call at 281-350-4104.

An online database has revealed the wills of Karl Marx, Charles Darwin, Charles Dickens, and other influential people of history. The importance of having a will is simply not a modern necessity, but has been needed throughout history. Let Essex Law Firm, a wills lawyer in Spring, TX, make sure your family is setup to receive what is rightfully due to them.

Source

The formula, called the Income Shares Model, is designed to make the process fairer by considering both parents’ income and time spent with the child, as opposed to the Percentage of Income Model, which takes a flat-percentage of the noncustodial parent’s net income. Illinois, along with nine other states, including Texas, still use the old model. Some see the move as unwarranted, with an estimated cost being between $2 million and $3 million to implement, while others see the move as a step forward in evenly weighing the financial footing of both parents, and helping to curtail bitter disputes.

If Illinois decides to move forward, they will be joining the ranks with the other thirty-eight states who use the Income Shares model. As we see more states moving in that direction, it may be a matter of time before Texas does the same.

Sources:
chron.com
doover.com

Not intended to be a comprehensive list

Real Estate Law:

Flags
Flying your flag in your subdivision? Your HOA can’t prohibit you from displaying your U.S., Texas or armed forces flags, except as allowed by law (e.g., “reasonable” provisions relating to flags, flagpoles, lights, and noise).

Probate, Guardianship and Trust Law:

Probating a Will
Worried about privacy and the necessity to reveal the entire estate of the deceased person? The executor may now file an affidavit in lieu of an inventory, if no debts remain by the inventory due date. A sworn inventory and appraisement must, however, be provided to all beneficiaries (as opposed to filing with the Court, which is public record) other than those receiving specific gifts.

Insurance

Had an automobile accident or possible homeowner’s claim? Want to ask your insurance agent if you might be liable before you file a claim? The agent cannot now report the information from your call to a claims database unless or until you file a claim under the policy.

Family Law

Spousal maintenance (aka “alimony”)
Limit increased from $2,500 to $5,000 per month.

Mistaken paternity
Previously, a man could be adjudicated the father of a child by operation of law (he was married to the mother of the child) or by signing a document acknowledging he was the child’s father without DNA testing. It was very difficult and sometimes impossible to change this designation if the man later learned he was not the child’s father. This sometimes left a man paying child support for a child who was not biologically his. The new law allows a man in these circumstances to file the proper documents to establish that he is not in fact the father of the child.

Criminal Law

First time DWI
Instead of a Class B Misdemeanor, the charge could be increased to a Class A if the person’s blood alcohol content is 0.15 or more. Significantly stiffer penalties.