Clients needs divorce lawyer suggestion -

Amended -


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?


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 -  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.

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.

Stuart E. Brown Attorney At Law

With 25 years experience in family and forensic mental health work, this firm has advanced skills to to assist client that have been falsely accused of various forms of child and adult abuse.

The union of legal resources and mental health training produce a powerful accommodation to assist our family law clients. learn more

First hour meeting is free.
Call today.

Our firm represents individuals throughout Washington State and represents clients of diverse background work, race, and economic station.We treat each client as a unique person although we have likely re[resented persons facing almost exact situations as such as yourself. Let us tell you more about how we can help.

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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. 
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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
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.
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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 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 or or 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, China, New Zealand, France, Germany, Spain, Italy, Russia, Georgia, Brazil, Peru, Ecuador, Bolivia, Scotland, Ireland, Hawaii, Florida, Montana, Morocco, Israel, Iraq, Iran, India, Pakistan, Afghanistan, Mali, Bangkok, Greenland, Iceland, Cuba, Bahamas, Bermuda, Barbados, St Vincent, Grenada,, Virgin Islands, US, UK, GB, and any of the 43 states with state tax returns, etc. Rockwall, Dallas, San Antonio Houston, Denmark, Finland, Sweden Norway Bulgaria Croatia Income Tax and Immigration Tips, Income Tax  Immigration Wizard Antarctica Rwanda Guru  Consultant Specialist Section 216(4) 216(1) NR6 NR-6 NR 6 Non-Resident Real Estate tax specialist expert preparer expatriate anti money laundering money seasoning FINTRAC E677 E667 105 106 TDF-90 Reporting $10,000 cross border transactions Grand Cayman Aruba Zimbabwe South Africa Namibia help USA US Income Tax Convention. Advice on bankruptcy  e bankruptcy expert  US Canada Canadian American  Mexican Income Tax service and help .

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