Marketability Discount Applicable to Interest in Family Business
- At June 30, 2020
- By Miles Mason
- In Business Valuation
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South Carolina divorce case summary on business valuation and minority discounts. Clark v. Clark Family court could determine that marketability discount was applicable to wife’s 25% interest in closely held family business, as part of determining an equitable distribution in divorce case; both husband’s and wife’s experts initially applied a marketability discount, with wife’s expert […]
Read More»Father Found in Contempt for Child Support After Two Appeals
Tennessee child support case summary on income determination and contempt. Jeffrey Glenn Mitchell v. Carol Ann Thomas Mitchell This divorce case from Blount County, Tennessee, was the subject of an appeal to the Tennessee Court of Appeals in 2019. The parties in that case had divorced and were back in court regarding modifications of child […]
Read More»Mom Alleged Violation of Anti-disparagement Clause But Child Too Young
Massachusetts child custody case summary on NON-DISPARAGEMENT CLAUSE. Shak v. Shak During divorce proceeding, mother filed a complaint for civil contempt alleging father violated the nondisparagement orders. The court declined to find father in contempt, found the orders constituted an unlawful restraint on speech, and issued new nondisparagement orders. Mother appealed. Held: “Assuming for the […]
Read More»Punishment for Violation of Court Order Requires Actual Knowledge
- At June 24, 2020
- By Miles Mason
- In Divorce Process
- 0
Tennessee case summary on automatic injunction in divorce. Mawn v. Tarquinio The wife in this Davidson County, Tennessee, case filed for divorce in 2017. She filed a motion for temporary support in early 2018. Shortly thereafter, the husband filed a motion to require the wife to return funds taken from their joint accounts. The wife […]
Read More»Court Must Recalculate Parenting Days To Match Child Support
- At June 22, 2020
- By Miles Mason
- In Child Support
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Tennessee child support case summary. Gates v. Gates The mother and father in this Hickman County, Tennessee, case were married in 2014 and had two sons. They divorced in 2017, and in 2018, trial was held on establishing a permanent parenting plan and setting child support. After trial, the court named the mother as the […]
Read More»Court Clerk’s Texting Might Warrant Recusal of Judge
- At June 17, 2020
- By Miles Mason
- In Divorce Process
- 0
Tennessee case summary on judicial recusal. Dougherty v. Dougherty The mother and father in this Fayette County. Tennessee, case were divorced in 2018, and the court entered a permanent parenting plan regarding the couple’s three children. In 2019, the mother filed a petition for civil contempt and to modify. The dispute centered on which school […]
Read More»Dad Failed to Prove Changed Circumstances Warranting Custody Change
- At June 15, 2020
- By Miles Mason
- In Custody Modification
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Tennessee child custody modification case summary. Ballard v. Ballard The mother and father in this Montgomery County, Tennessee, case were the parents of a four-year-old daughter at the time of their 2016 divorce. The mother was named the primary residential parent under a parenting plan that was modified by the parties in 2017. Under that […]
Read More»Assignment of Estimated Tax Payments in a Divorce
How are tax refunds split in divorce? How are estimated tax payments assigned in a divorce? If you and your spouse made joint estimated tax payments for 2019 but file separate returns, either of you can claim all of your payments, or you can divide them in any way on which you both agree. If […]
Read More»Sale of Principal Residence after Divorce: 2019 Tax Law
Who Claims House on Taxes if Divorced? Can capital gains split between spouses? Capital Gains Tax When You Sell Your House at Divorce. Mason Comment 1: Although I am a CPA, I hire a CPA to do my taxes. Why? I can’t keep up with all of the changes in tax law. I have to […]
Read More»Who Pays the Taxes on a QDRO Distribution after Divorce?
Who Pays the Taxes on a QDRO Distribution after Divorce? If you receive an eligible rollover distribution under a QDRO as the plan participant’s spouse or former spouse, you may be able to roll it over tax free into a traditional individual retirement arrangement (IRA) or another qualified retirement plan. Do I have to pay […]
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