Clients needs divorce lawyer suggestion -
Amended -
David,
It is ironic that I paid for your service 3 years ago to see if my wife's landing in Canada would make me taxable in the US. Now my marriage is coming to a bitter end. She has an affair on the Internet; even cyber affair is very destructive thanks to webcams. My heart is completely broken. I need all the help to go through this terrible moment.
We are living in Olympia right now. I am not delighted from what I read about WA state law, which considers she has "contributed" to the family as much as I did and not consider her betrayal as a factor like a breach of contract. My wife spent most of her time fooling around on the Internet while I work hard to make a living for the whole family.
Is there any good experienced lawyer that might help me to secure me a better financial settlement? Can I craft settlement that reflects the true proportion of contribution by settling in private and not going through the court?
I want to leave this place of sadness and return home in Canada. I have 401k, Rollover IRA, Roth IRA, Spousal Roth IRA, 529 plan and Education IRA in the States. I recall you suggested people to distribute 401k, take the penalty and use that as foreign tax credit for Canada. However, I do not expect to get a job in Canada unless I return to school to learn a new trade. The foreign tax credit from the penalty will become worthless. Does this change your advise? Would the same advise applicable to the other accounts above?
Regards,
=--------------------------------------------
david ingram replies:
I have never suggested people should transfer the 401(K) - In fact my usual answer is to leave it where it is unless you have a real good use for the money which does NOT just involve getting your IRA money to an RRSP. You need the marital situation cleared up first. I don't have time now to deal with the rest of it.
I sympathize with your situation. Been there - done that. You are also one of a dozen people in the last 4 or 5 months who have told me about their marriages falling apart because of Internet affairs. I understand there is one taking place in my own extended family and I have to admit I was flabbergasted when I found an ex's 'fishing letter to her future paramour to see if he would 'bite'.
However, that's life and it 'does' go on.
If you are truly intending to come back to Canada, you should likely move back first and likely get a more favourable result for a short term marriage. - The sooner you get this going the better. If you just quit your job, moved back, and started a job in Canada, your wife would be forced to start the action in Canada.. Of course, if you have bought a house in the US, the situation is different.
If you 'are' coming back to Vancouver, try David Bellamy at (604) 662-8902 - http://www.bellamy.bc.ca/about.html David was a wonderful litigator in my own divorce and an even better negotiator when the property settlement was taking place.
-------------------------
I seem to remember you have a green card. If you decide to come back to Canada file US form I-131 BEFORE you leave the country to keep your green card valid while out of the country.. You do NOT need to have it approved before you leave, but you do need it mailed before you leave. http://www.uscis.gov/files/form/I-131.pdf
If you are going to do this in the US, I do not have a clue about a lawyer in Olympia even though I had an office there and in Longview in the seventies
Try Seattle divorce lawyer, Stuart Brown -- His office provides a free initial hour for you to decide if you like his services.
David,
It is ironic that I paid for your service 3 years ago to see if my wife's landing in Canada would make me taxable in the US. Now my marriage is coming to a bitter end. She has an affair on the Internet; even cyber affair is very destructive thanks to webcams. My heart is completely broken. I need all the help to go through this terrible moment.
We are living in Olympia right now. I am not delighted from what I read about WA state law, which considers she has "contributed" to the family as much as I did and not consider her betrayal as a factor like a breach of contract. My wife spent most of her time fooling around on the Internet while I work hard to make a living for the whole family.
Is there any good experienced lawyer that might help me to secure me a better financial settlement? Can I craft settlement that reflects the true proportion of contribution by settling in private and not going through the court?
I want to leave this place of sadness and return home in Canada. I have 401k, Rollover IRA, Roth IRA, Spousal Roth IRA, 529 plan and Education IRA in the States. I recall you suggested people to distribute 401k, take the penalty and use that as foreign tax credit for Canada. However, I do not expect to get a job in Canada unless I return to school to learn a new trade. The foreign tax credit from the penalty will become worthless. Does this change your advise? Would the same advise applicable to the other accounts above?
Regards,
david ingram replies:
I have never suggested people should transfer the 401(K) - In fact my usual answer is to leave it where it is unless you have a real good use for the money which does NOT just involve getting your IRA money to an RRSP. You need the marital situation cleared up first. I don't have time now to deal with the rest of it.
I sympathize with your situation. Been there - done that. You are also one of a dozen people in the last 4 or 5 months who have told me about their marriages falling apart because of Internet affairs. I understand there is one taking place in my own extended family and I have to admit I was flabbergasted when I found an ex's 'fishing letter to her future paramour to see if he would 'bite'.
However, that's life and it 'does' go on.
If you are truly intending to come back to Canada, you should likely move back first and likely get a more favourable result for a short term marriage. - The sooner you get this going the better. If you just quit your job, moved back, and started a job in Canada, your wife would be forced to start the action in Canada.. Of course, if you have bought a house in the US, the situation is different.
If you 'are' coming back to Vancouver, try David Bellamy at (604) 662-8902 - http://www.bellamy.bc.ca/about.html David was a wonderful litigator in my own divorce and an even better negotiator when the property settlement was taking place.
-------------------------
I seem to remember you have a green card. If you decide to come back to Canada file US form I-131 BEFORE you leave the country to keep your green card valid while out of the country.. You do NOT need to have it approved before you leave, but you do need it mailed before you leave. http://www.uscis.gov/files/form/I-131.pdf
If you are going to do this in the US, I do not have a clue about a lawyer in Olympia even though I had an office there and in Longview in the seventies
Try Seattle divorce lawyer, Stuart Brown -- His office provides a free initial hour for you to decide if you like his services.
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-----------------------------------------------------------------------------------------------------------------------On February 11, 2008, David
Ingram wrote:
It is very unlikely that blind or unexpected email to me will be answered. I receive anywhere from 100 to 700 unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients. Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject line and get answered first. I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when I am out of town. e bankruptcy expert US Canada Canadian American Mexican Income Tax service and help
However, I regularly search for the words"PAYING
CUSTOMER" and always answer them first if they did not get spammed out.
For the last two weeks, I have just found out that my own email notes
to myself have been spammed out and as an example, as I wrote this on
Dec 25, 2007 since June 16th, my 'spammed out' box has
47,941 unread messages, my deleted box has 16645 I have actually looked
at and deleted and I have actually answered 1234 email questions for
clients and strangers without sending a bill. I have also put aside
847 messages that I am maybe going to try and answer because they look
interesting. -e bankruptcy expert US Canada Canadian American
Mexican Income Tax service and help
Calls welcomed from 10 AM to 9 PM 7 days a week Vancouver (LA) time - (please do not fax or phone outside of those hours as this is a home office) expert US Canada Canadian American Mexican Income Tax service help.
$1,700 would be for two people with income from two countries
Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be from $150 to $600.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc. Note that these returns tend to be informational rather than taxable. In fact, if there are children involved, we usually get refunds of $1,000 per child per year for 3 years. We have done several catch-ups where the client has received as much as $6,000 back for an $1,800 bill and one recently with 6 children is resulting in over $12,000 refund.
David Ingram expert income tax service and immigration help and preparation of US Canada Mexico non-resident and cross border returns with rental dividend wages self-employed and royalty foreign tax credits family estate trust trusts income tax convention treaty advice on bankruptcy
It is very unlikely that blind or unexpected email to me will be answered. I receive anywhere from 100 to 700 unsolicited emails a day and usually answer anywhere from 2 to 20 if they are not from existing clients. Existing clients are advised to put their 'name and PAYING CUSTOMER' in the subject line and get answered first. I also refuse to be a slave to email and do not look at it every day and have never ever looked at it when I am out of town. e bankruptcy expert US Canada Canadian American Mexican Income Tax service and help
Therefore, if an email is not answered in 24 to
48 hours, it is likely lost in space.
You can try and resend it but if important AND YOU TRULY WANT OR NEED
AN ANSWER from 'me', you will have to phone to make an appointment.
Gillian Bryan generally accepts appointment requests for me between
10:30 AM and 4:00 PM Monday to Friday VANCOUVER (Seattle, Portland, Los
Angeles) time at (604) 980-0321. david ingram expert
US Canada Canadian American Mexican Income Tax service and help.
david ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
My Home office is at:
david ingram's US / Canada Services
US / Canada / Mexico tax, Immigration and working Visa Specialists
US / Canada Real Estate Specialists
My Home office is at:
4466 Prospect Road
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
North Vancouver, BC, CANADA, V7N 3L7
Cell (604) 657-8451 -
(604) 980-0321 Fax (604) 980-0325
Calls welcomed from 10 AM to 9 PM 7 days a week Vancouver (LA) time - (please do not fax or phone outside of those hours as this is a home office) expert US Canada Canadian American Mexican Income Tax service help.
Disclaimer:
This question has been answered without detailed information or
consultation and is to be regarded only as general comment. Nothing
in this message is or should be construed as advice in any particular
circumstances. No contract exists between the reader and the author and
any and all non-contractual duties are expressly denied. All readers
should obtain formal advice from a competent and
appropriately qualified legal practitioner or tax specialist for expert
help, assistance, preparation, or consultation in connection with
personal or business affairs such as at www.centa.com. If you forward this message, this disclaimer must be
included." e bankruptcy expert US Canada Canadian American
Mexican Income Tax service and help.
David Ingram
gives expert income tax service & immigration help to non-resident
Americans & Canadians from New York to California to Mexico
family, estate, income trust trusts Cross border, dual citizen - out of
country investments are all handled with competence & authority.
Phone consultations
are $450 for 15 minutes to 50 minutes (professional hour). Please note
that GST is added if product remains in Canada or is to be returned to
Canada or a phone consultation is in Canada. ($472.50 with GST if in
Canada) expert US Canada Canadian American
Mexican
Income Tax service and help.
This is not intended to be definitive
but in general I am quoting $900 to $3,000 for a dual country tax
return.
$900 would be one T4 slip one W2 slip
one or two interest slips and you lived in one country only (but were
filing both countries) - no self employment or rentals or capital gains
- you did not move into or out of the country in this year.
$1,200 would be the same with one
rental
$1,300 would be the same with one
business no rental
$1,300 would be the minimum with a
move in or out of the country. These are complicated because of the
back and forth foreign tax credits. - The IRS says a foreign tax credit
takes 1 hour and 53 minutes.
$1,600 would be the minimum with a
rental or two in the country you do not live in or a rental and a
business and foreign tax credits no move in or out
$1,700 would be for two people with income from two countries
$3,000 would be all of the above and
you moved in and out of the country.
This is just a guideline for US /
Canadian returns
We will still prepare Canadian only
(lives in Canada, no US connection period) with two or three slips and
no capital gains, etc. for $200.00 up.
With a Rental for $400, two or three
rentals for $550 to $700 (i.e. $150 per rental) First year Rental -
plus $250.
A Business for $400 - Rental and
business likely $550 to $700
And an American only (lives in the US
with no Canadian income or filing period) with about the same things in
the same range with a little bit more if there is a state return.
Moving in or out of the country or
part year earnings in the US will ALWAYS be $900 and up.
TDF 90-22.1 forms are $50 for the
first and $25.00 each after that when part of a tax return.
8891 forms are generally $50.00 to
$100.00 each.
18 RRSPs would be $900.00 - (maybe
amalgamate a couple)
Capital gains *sales) are likely
$50.00 for the first and $20.00 each after that.
Catch - up returns for the US where we use the Canadian return as a guide for seven years at a time will be from $150 to $600.00 per year depending upon numbers of bank accounts, RRSP's, existence of rental houses, self employment, etc. Note that these returns tend to be informational rather than taxable. In fact, if there are children involved, we usually get refunds of $1,000 per child per year for 3 years. We have done several catch-ups where the client has received as much as $6,000 back for an $1,800 bill and one recently with 6 children is resulting in over $12,000 refund.
This is a
guideline not etched in stone. If you do
your own TDF-90 forms, it is to your advantage. However, if we put them
in the first year, the computer carries them forward beautifully.
This from "ask an income trusts tax service and
immigration expert" from www.centa.com or www.jurock.com or www.featureweb.com. David Ingram deals on a daily basis with expatriate tax
returns with multi jurisdictional cross and trans border expatriate
problems for the United States, Canada, Mexico, Great Britain, United
Kingdom, Kuwait, Dubai, Saudi Arabia, Thailand, Indonesia, Japan,
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expert US Canada Canadian American Mexican Income Tax service and
help.
david
ingram
International non-resident cross border expert income tax service &
immigration help estate family trust assistance expert preparation
& immigration consultant, income trusts experts on rentals mutual
funds RRSP RESP IRA 401(K) & divorce preparer preparers
consultants Income Tax Convention Treaty. advice
on bankruptcy expert US Canada Canadian American Mexican Income Tax
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Be ALERT, the world needs more "lerts". bankruptcy expert US Canada
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