<![CDATA[Denver Legal Blog]]> tag:www.pgalegal.net,2013-03-21:/blog/76871 2019-07-31T22:50:35Z Movable Type Enterprise <![CDATA[Tips to help you and your spouse get along during divorce]]> tag:www.pgalegal.net,2019:/blog//76871.3802432 2019-07-31T22:51:35Z 2019-07-31T22:50:35Z Generally speaking, collaborative divorce provides a better experience for all involved: you, your spouse and your kids. If possible, you want to get along and work together. That's how you get an outcome that makes everyone happy. It's how you create a low-conflict divorce that does not drag on unnecessarily.

That said, getting along with your spouse during a divorce is not always easy. Maybe they fell for someone else and asked you for a divorce, and you feel hurt and angry because of it. Maybe they have financial problems that you just couldn't deal with anymore, and they're angry that you wanted to split up.

]]> No matter why the divorce is happening, it's likely that the two of you aren't on the greatest of terms right now. How can you still get along and have a smooth divorce that puts the kids first? Here are a few tips that can help:

1. Keep negative thoughts and opinions quiet

You can feel however you want about your spouse, but you don't need to drag that out into public. Don't try to get your friends to take sides, for instance, by belittling your ex. Expect the same from them. Talking down about each other just makes you both angry and makes it harder to work together.

2. Keep it off of social media

You don't need to post about your marriage, your disagreements, your divorce or anything else on Facebook, Instagram or other social media platforms. Again, this just causes people to choose sides and can lead to resentment when your spouse does not like what you shared.

3. Admit that you both had a role in the divorce

The first step toward working together is to accept your fair share of the blame, give your spouse their fair share and admit that you both played a role. Only then can you both learn what your roles are in the next step of your relationship: splitting up.

4. Keep the kids out of the middle

Children often get dragged into the middle of the divorce, and it makes sense: You need to decide how to split time with them. That's fine, but you want to keep them out of it as much as you can. Don't ask them to make decisions or pick sides. Don't use them to pass messages to your spouse. Above all else, focus on their futures and their best interests every step of the way.

A collaborative divorce

These four tips can really go a long way toward helping you have the collaborative, low-conflict divorce that you want. At the same time, make sure you know all of the legal rights and options that you have in Colorado.

<![CDATA[Provide a united front before the children after divorce]]> tag:www.pgalegal.net,2019:/blog//76871.3785473 2019-07-05T21:31:35Z 2019-07-05T21:30:35Z Child custody situations are sometimes complex because of the acrimony between the parents. The children can pick up on this, so they may try to capitalize on the situation. It is imperative that all parents take the time to learn the signs that their children are manipulating them.

Some children learn early that what one parent disapproves of, the other will approve of. Once they realize this, they will try to figure out which person will give them their way. This is human nature, but that doesn't mean that you and your ex need to allow it to happen.

]]> Tailoring requests to the parent

Children who tailor their request to the parent they are asking might be playing one against the other. The child might try to get a quick answer because they don't want the parent to have a chance to contact the ex. This is a bad sign that should result in your backing up a bit to find out the truth of what is going on.

Multiple requests for the same thing

A child might ask one parent for something. When they don't get what they want, they go to the other parent. This is where communication comes into the picture. If you and your ex are letting each other know what's going on, especially with big decisions, there is less of a chance that the kids will be able to successfully do this.

Open the lines of communication

The lines of communication should always be open between you, your ex and the kids. This lets everyone talk about things that are happening so that everyone is on the same page. Remember to keep things civil between the adults so that you are modeling a good relationship.

Present a united front

You aren't always going to agree with the decisions your ex makes and they might not agree with yours. Unless there is a serious safety issue, you should both back each other up in front of the children. You may discuss the differences when they aren't around so that you still appear to be a parenting team in front of them. Not only does this shore up the fact that they can't play the adults against each other, it also solidifies the stability of the situation.

For big issues that come up, having a plan put into the child custody paperwork might be a good idea. The parenting plan should also contain methods of resolution for times when there is a disagreement.

<![CDATA[Common real estate practices can constitute mortgage fraud]]> tag:www.pgalegal.net,2019:/blog//76871.3783008 2019-07-03T23:51:34Z 2019-07-03T23:50:35Z Working in real estate can be a challenging and demanding career path. Whether someone works as an agent representing buyers or sellers for residential or commercial transactions, or works as an appraiser or loan officer, there are many legal regulations in place that professionals must remain aware of at all times.

From creating binding contracts for their clients to placing a realistic fair market value on a property, the role that real estate professionals play in transactions is critical to the overall fairness of the modern real estate system. Unfortunately, some people who work in real estate or adjacent professions will commit acts of fraud in an attempt to bolster their own income.

]]> Whether you work in real estate or are about to purchase or sell a home, familiarizing yourself with common forms of real estate fraud can protect you from either becoming a victim or facing criminal charges related to your job.

Increasing a property's value or price could put you at risk

When the real estate market is hot, sellers' agents can make unrealistic promises to potential clients to sign them. They may try to give an unrealistic estimate of what the home could sell for in order to secure a contract. Then have to worry about dissatisfaction when their clients' appraisals doesn't come back at a similar value.

Some real estate agents will go so far as to work with specific appraisers because they know that the appraiser will return a value closer to what they estimated than what the fair market value of the property currently is.

There are many potential issues with this kind of practice, including an artificial inflation of a neighborhood's property values and lenders becoming overextended because of the actions of appraisers and agents.

Helping to hide or cover up defects in the property is also fraud

Many mortgage programs regulated by the federal government, such as the FHA mortgage system, will not approve loans on properties that don't meet specific requirements. Some agents will help their clients intentionally game the system by covering up or not disclosing known defects in a property.

The obvious issue here is that buyers and lenders will make a decision based on the perceived condition of the property, offering more money then the property is probably worth. When a buyer or a lender alleges fraud in a real estate transaction, many of the people involved in the transaction could wind up facing charges.

If you work in real estate, talking to a white collar criminal defense attorney about allegations of fraud can help you determine if you are legally vulnerable. If you recently sold a home and a buyer is now claiming fraud, you may also need legal guidance to navigate the upcoming issues related to the sale.

<![CDATA[Gray divorces are more common today: Here's what to know]]> tag:www.pgalegal.net,2019:/blog//76871.3758246 2019-06-04T16:51:34Z 2019-06-04T16:50:34Z Going through a gray divorce is significantly different than going through a divorce in your younger years. In a gray divorce, you're 50, 60 or 70 years old. You might be approaching retirement or be in retirement already.

A gray divorce can be difficult psychologically, too, considering the fact that many people who get them have been together for decades. With lifelong friends and family members to deal with, there's no question that a gray divorce is complicated.

]]> Since 1990, the gray divorce rate has doubled

The gray divorce rate is more common today, but it's still less than the rate for couples under 50. Part of the reason there are so many gray divorces is because the Baby Boomers have not been as reluctant to go through divorce as other generations. In 2010, for instance, around 1 in 4 divorces involved people over the age of 50.

Those who have gone through divorces in the past are more likely to divorce, too, and it's much more likely for those over 50 to have been married at least once before their current marriage. However, interestingly, wealth can help protect against divorce. Those without college degrees or a consistent job are more likely to divorce as they get older. This is likely a result of financial stress.

Another thing to consider is that marriages that survive decades often had cracks much earlier. For instance, someone who gets married because they're "supposed to" in their late 20s might divorce in their 50s after their kids leave the nest. Someone who is festering resentment toward a spouse might be able to deal with it for several decades until the problem rears its head and they call it quits.

Regardless of the age when you choose to divorce, there will always be some issues you have to consider. One is that children will handle the divorce similarly regardless of age. Even adult children may have a hard time understanding why their parents would divorce so late in life. The grief that affects them may continue to affect you, too, even if your divorce is in your best interests.

With any gray divorce in Denver, working with someone with experience in this matter is essential. You have more to lose, and you do need to protect your financial security moving forward, especially if you are approaching retirement or don't have a career to fall back on.

<![CDATA[Auto insurance fraud can have lasting consequences]]> tag:www.pgalegal.net,2019:/blog//76871.3723276 2019-05-02T19:51:34Z 2019-05-02T19:50:34Z Your car is getting older, and you don't really want to have to pay for a new one. You know it's costly, but you have a great insurance policy that would allow you to buy a new vehicle as a replacement if yours was damaged beyond repair.

You've paid into insurance for years without a problem, so would it really be that terrible if something "accidentally" happened to damage your vehicle beyond repair? You'd get what you want and would use a policy you designed for that very purpose.

]]> In actuality, it is against the law to cause an accident that defrauds your insurance company. In this case, crashing intentionally in the hope of damaging your car to the point of getting it replaced is against the law, because you're trying to manipulate the insurance company into paying for your own intentional act.

Other people take steps such as filing a claim for a crash or incident that never happened or giving misleading information in the hope of obtaining a higher payout of their insurance benefits.

Some common types of auto insurance fraud include:

  • Staging auto accidents to make false claims for injuries or damage
  • False reports of stolen vehicles
  • Making false claims for damage that existed on the vehicle in the past
  • Claiming for an accident in which an uncovered party was driving your vehicle
  • Making a false claim that an accident happened after a policy purchase when it happened prior

Insurance fraud is a Class 5 Felony punished with up to $100,000 in fines and three years in prison in Colorado in most cases. Presenting false information on an application or renewal of a policy would be considered a Class 1 misdemeanor, instead, in most instances, being punishable by up to $5,000 in fines and potentially 18 months in jail.

On top of these penalties, there's a chance you could face administrative penalties, which could result in the loss of business licenses, or civil penalties, where the insurance company could go as far as to sue you for any losses it accrued due to your actions.

Overall, making false claims through your insurer can get you into significant trouble with the law in Colorado. You should take your case to your attorney as soon as there's any sign of trouble, so you can begin talking about ways to defend your actions and help you prevent fines, penalties, and jail or prison.

<![CDATA[Income tax: The difference between fraud and negligence]]> tag:www.pgalegal.net,2019:/blog//76871.3689135 2019-04-04T14:40:04Z 2019-04-02T15:30:34Z The federal tax system is extremely complicated, especially if you don't have any knowledge of what's expected of you. No matter how much you learn or who you hire to assist you, there's always a chance you could run into trouble with the IRS.

There's a big difference between income tax fraud and negligence. With fraud, you make a willful attempt to evade tax law as a means of saving money or defrauding the government. This typically occurs as a result of the following:

  • Filing a false income tax return
  • Making false or fraudulent claims on your income tax return
  • Intentionally failing to report all your income
  • Intentionally failing to pay your taxes
  • Intentionally failing to file an income tax return
]]> With all of these things, you know exactly what you're doing. This is why the IRS looks down on these behaviors.

What about negligence?

The IRS is aware that the tax code is full of many complexities that are difficult for the average person to understand. This is why there's a big difference between fraud and negligence.

There are many common forms of income tax negligence, including but not limited to:

  • Math errors
  • Mistake when entering a Social Security Number
  • Claiming a tax credit that you don't qualify for

If you make a math error, for example, the IRS is not likely to assume that you did so for your own personal gain. Instead, if audited, you'll receive a letter outlining the mistake and the next steps to take. If the error worked in your favor, you will owe additional money, along with a potential penalty and interest.

Penalties for fraud are serious

The penalties for negligence aren't life-altering, but the same doesn't hold true for fraud. You could face consequences such as:

  • Imprisonment
  • Fine
  • Requirement to pay overdue taxes, plus interest and penalties

If you're charged with any type of tax-related crime, it's important to understand the charges and the next steps in the process. Thinking you can sweep this under the rug is a big mistake.

The sooner you understand what comes next, as well as how to protect your legal rights in Colorado, the better off you'll be.

Visit our website for more information on tax fraud, among a variety of other types of white collar crimes.

<![CDATA[What are the most common types of construction defects?]]> tag:www.pgalegal.net,2019:/blog//76871.3689132 2019-04-02T15:21:34Z 2019-04-02T15:20:34Z It doesn't matter if you're building a home or have hired a contractor to complete a renovation project in Denver, you expect the results to meet or exceed industry standards. Unfortunately, there are times when this doesn't happen.

Construction defects are all too common, with these often related to the design, installation, operation or maintenance of a particular item or system.

]]> There are times when a defect causes immediate damage, as well as those that slowly appear. For example, a poorly installed plumbing system can result in a leaking pipe, thus causing immediate damage to your property. Conversely, a slowly shifting foundation can become a bigger problem as the months turn to years.

Construction defects typically fit into one of four categories:

  • Design defects: This includes a mistake by an engineer, architect, builder or contractor during the design phase of the project. For example, a poorly designed roof can lead to inadequate drainage and an increased risk of water damage.
  • Material defects: Often related to failure from damaged or defective building materials, this is among the most common type of construction defect. Material defects may be related to poor design, damage during transportation or improper installation.
  • Construction defects: This comes into play in the instance of poor quality workmanship, such as shoddy wiring that results in a fire.
  • Maintenance defects: Any type of necessary maintenance should be discussed upfront between you and the other party (such as your builder). Understanding what type of maintenance to take on, as well as potential defects that can result from failure to do so, can help prevent future trouble.

What to do next

If you come to find a construction defect, first discuss your concerns with the other party. Doing so is often the best way to find a mutually agreed upon solution. There's a good chance the other party can fix the problem, thus giving you the peace of mind you deserve.

If you're unable to find a solution, it's time to document the problem and collect any evidence to back up your claim. From there, learn more about your legal rights in Colorado and the steps you can take to hold the negligent party responsible.

Visit our website and read our blog for more information on construction defects, your legal rights and how to protect yourself.

<![CDATA[Don't ignore the potential harm of a felony DUI]]> tag:www.pgalegal.net,2019:/blog//76871.3652163 2019-03-06T02:11:34Z 2019-03-06T02:10:34Z The first Coloradan law regarding felony DUIs wasn't created until 2015. The first felony penalty was created with the law, and over 1,000 arrests have been made since.

The new law came with harsh penalties including the risk of going to prison for a DUI if the person has three or more DUI convictions on their record. Before the change in the law, DUIs were always treated as misdemeanors within the state, and the maximum jail term was a year.

]]> In the past, people believed that there wasn't enough being done to hold people accountable when they were repeat offenders. Unfortunately, there is no easy way to track the sentencing outcomes among those who are charged in accordance with the new law. That makes it new territory for attorneys, who have to quickly help clients defend themselves.

The process of enforcing the new law is complicated, though, which can be beneficial to those accused. For instance, the way different states document crimes vary, so it's not always easy to tell if a person has two or three previous DUI charges against them. This means that lots of people accused were able to escape a felony conviction. Additionally, dropping the DUI to a misdemeanor is much easier than changing a misdemeanor to a felony, which works in the accused's favor.

Why do people dislike the new felony DUI law?

Some people dislike the new felony law due to the fact that it adds additional strain to the prison system. People on both sides agreed that the law needed to have penalties that would include increasing access to treatment for substance abuse and addiction. This is normally the problem that leads to DUIs, which is what has to be addressed. Simply placing people in prison or jail doesn't do the job, because they leave without a job and without the treatment needed to avoid returning to substance abuse.

DUI attorneys often believe that the best way to help their clients is not through a jail or prison sentence but through alternative options, like rehabilitation and addiction treatment. This law has inconsistency in sentencing, which means that not everyone gets the opportunity to receive these treatments. This is something your attorney will fight for if you're accused of a felony DUI, because the reality is that addiction treatment and rehabilitation is more effective than placing a person in jail for a crime.

<![CDATA[This is what happens during a divorce trial]]> tag:www.pgalegal.net,2019:/blog//76871.3609545 2019-02-01T19:21:33Z 2019-02-01T19:20:33Z Not all divorces have to go to trial, but if your divorce is volatile and you can't agree, it might be in the best interests of the case to end up in court. There are times when two people can't agree outside court, won't go to mediation and refuse arbitration. If all negotiating options fail, then the only option is to allow a court to take on the case and for a judge to make a decision on the divorce.

In the majority of cases, divorces are resolved with settlements. However, if your case can't be settled, then a trial might be the only choice. Your attorney will prepare for the trial, building a case for the things you want to get out of your marriage, for custody-related matters and other factors in your divorce.

]]> What will you need for a divorce trial?

Most people come prepared for a divorce trial with:

  • Documents and records, such as those that show their finances, marital property and other important information
  • Witnesses. Witnesses can provide tesimonies about the person's ability to raise children, their finances and other important factors that could affect the divorce
  • Their own testimony. Each spouse usually prepares a testimony for the judge to hear, which could sway them one way or the other in the case

In family court, the judge presiding over the case listens as each side discusses what they'd like to see happen as well as their evidence and support for their claims. The other party has a chance to cross examine witnesses, the other spouse and anyone else speaking to challenge the story they've produced.

The goal is to test each witness or the spouse's credibility and to dispute things that aren't being presented truthfully. Your attorney's job is to discredit the other party when possible to help your case.

After the judge (or jury, in some instances), listens to the case, they'll make a ruling regarding the divorce and any issues related to it. Once this decision is made, it's binding. That means that the judgment is final and that you and the other party will have to abide by what the court order states.

Any obligations and responsibilities of either party are listed in the judge's final judgment. You and the other party have a right to contest this through an appeal if necessary, though it is rare for an appeal to result in the judgment being overturned.

<![CDATA[What Colorado residents should know about federal marijuana laws]]> tag:www.pgalegal.net,2019:/blog//76871.3568937 2019-01-06T22:56:01Z 2019-01-05T00:00:34Z After years of enjoying liberal policies toward recreational and medical marijuana use in Colorado, it's hard to remember that possession of marijuana remains illegal under U.S. federal law. In fact, federal drug laws classify marijuana as a Schedule I drug. This means that the federal government views pot to be just as dangerous and addictive as heroin, and punishes those convicted of possessing and trafficking it just as severely.

Colorado law will not protect you from being convicted of a federal marijuana crime

]]> Colorado residents also need to remember that even though this substance is legal under state law, everyone who possesses pot in Colorado is violating federal drug laws. Although Colorado residents should be fine while they stay within state lines, they should not ever venture onto any piece of federal property while possessing pot -- this includes federal parks and other federal lands.

Furthermore, it should go without saying that one should never travel across state lines while in possession of pot. These actions would be considered federal criminal offenses and could land you in serious trouble with federal law enforcement agents. In a situation like this, Colorado state law will not be able to protect you.

Federal punishments for marijuana violations are steep

Criminal penalties under federal law associated with a marijuana-related conviction could target anyone from a grower, to a distributor, to someone who simply possesses the substance for personal reasons. Criminal punishments could include up to a year in prison and fines of $1,000 for the typical, low-level marijuana offense. However, for people convicted of partaking in marijuana businesses, they could face prison sentences of up to five years, in addition to fines of up to $250,000 or even $1 million.

Medical marijuana currently benefits from a federal enforcement moratorium

For now, people involved in medical marijuana may benefit from a moratorium on federal enforcement that has been in place since 2014 related to medical pot. Congressional budget amendments prohibit the Department of Justice from expending resources to stop medical marijuana from being allowed in states where it is legal. That being said, the future of this moratorium is uncertain. At any time, Congress could choose to reverse this policy.

Learning more about federal drug policy will help every Colorado resident avoid missteps that could inadvertently get them in trouble with the federal criminal court system for a federal law marijuana violation.

<![CDATA[When does a drug violation become a federal offense?]]> tag:www.pgalegal.net,2019:/blog//76871.3568928 2019-01-04T23:41:38Z 2019-01-04T23:40:38Z The vast majority of drug cases will fall under the jurisdiction of the state court system in the state where the crime allegedly occurred. However, there are numerous scenarios in which a drug offense becomes a federal violation and must be litigated and defended in federal court.

The most important federal drug law that governs offenses related to controlled substances is the Controlled Substances Act (CSA). Richard Nixon signed this act in the 1970s, and thus, the "War on Drugs" was more officially codified into law.

]]> Here are some circumstances that will result in a drug crime allegation going to federal court:

Drug possession or drug violations that happen on federal property: If you're arrested and accused of any kind of drug-related violation in a national park or in a federally-owned property, your case will likely be prosecuted in federal court.

Crossing state lines with drugs: Imagine you take a road trip from Colorado to Tennessee with recreational marijuana in your possession. The marijuana might have been legal under state laws in Colorado, but it's not legal in Tennessee and it's not legal under federal law. When you cross state lines with an illegal drug, it falls under the jurisdiction of federal criminal courts.

Crossing national lines with drugs: Just like crossing state lines, when you bring drugs into or out of the United States, the matter becomes a federal offense.

Using the postal system to send drugs: Sending drugs via the federal postal system is also a federal crime.

Different laws and different punishments apply to drug offenses under federal law compared to Colorado drug laws. In many cases, federal punishments are also far more severe in the event of a conviction. Because of the legal context -- case law and statutes are not the same -- a federal drug offense requires a specialized approach.

Sometimes, criminal defendants can issue arguments to prevent their cases from going into federal court. Other times, they may want to issue arguments that cause their cases to go through the federal drug court system. It all depends on which court system better suits the goals and objectives of the defendant. Make sure you fully understand your legal options before choosing how to defend your case.

<![CDATA[Paying taxes is vital to protecting your freedoms]]> tag:www.pgalegal.net,2018:/blog//76871.3534083 2018-12-05T18:01:36Z 2018-12-05T18:00:36Z One of the things that can get you into trouble with the law is not paying your taxes. If you hide your income or fail to file the correct taxes, you could face heavy fines or penalties.

The Internal Revenue Service doesn't want every person who fails to file to end up in jail. It realizes that people make mistakes and that there are reasons why people don't always pay on time. For that reason, the IRS will listen to your reasons for not filing or paying taxes before determining if it wants to negotiate through an installment plan, reduce your tax liability or criminally prosecute you.

]]> When is failing to pay tax a criminal act?

Failing to pay your taxes becomes a crime when it is a willing action. The IRS believes that any failure to pay is a crime, but most of the time, would rather find a solution to help you pay rather than pursue criminal action. However, if you intentionally do not pay or obtain an income from illegal sources, the IRS is more likely to recommend prosecution.

In some cases, an investigation into the source of your income could lead to racketeering or fraud charges, depending on how blatant your actions were.

What happens if the IRS believes you're underpaying your taxes?

If the IRS thinks you are underpaying your taxes, then it will begin an investigation into the case. From there, the IRS will decide if the case should progress. If so, a criminal investigation begins. The agent in charge works with the IRS to make sure it's following the law while investigating. The Justice Department's tax division takes over the case following the investigation.

Normally, the IRS does not enforce filing taxes that are over six years old. It's possible to seek an audit including years beyond the last six in some cases, though.

What happens if you owe money to the IRS?

If it turns out that you do owe money to the IRS, you may have to pay penalties, interest and the total amount for the taxes. It's normal to be able to work out an installment plan if you owe taxes and were unaware or can get the approval of the IRS. You may also be able to negotiate a settlement to help you resolve the tax nonpayment issue with the IRS and avoid criminal penalties in some cases.

<![CDATA[How are drug courts changing lives?]]> tag:www.pgalegal.net,2018:/blog//76871.3498812 2018-11-06T02:51:34Z 2018-11-06T02:50:34Z Addiction is a problem that leads to many people struggling with alcohol abuse. In society, this is often looked down upon, but things are changing. People who struggle with addiction need support, not time in prison.

In today's judicial world, drug courts make it possible to trade in time in prison for time in a rehabilitation clinic. Nonviolent offenders get a chance to reduce their penalties by getting the help they need.

]]> How are drug courts changing lives?

Drug courts are an important aspect of the judicial system. With so many people struggling with drug and alcohol addiction, there is no question that it would be easy to send them to prison for their actions.

However, sending a person to prison doesn't treat the underlying issue. Individuals who have DUIs and drug charges against them do need support and assistance to break free from the cycle of abuse. Without court-ordered treatment, this often does not happen.

Drug courts reduce costs

Drug courts also help reduce costs associated with sending a person to prison. Punishments may cost thousands, even though they don't always reduce the likelihood of a person committing a second crime.

That money has to come from somewhere. Most commonly, it's from everyday tax payers. Imprisonment costs as much as $60,000 per inmate per year. Inpatient rehabilitation can be as little as $3,000 and up to $30,000. No matter how you look at it, it's a savings to get people the help they need instead of sending them to prison.

Drug courts reduce prison populations

Drug courts have a goal of reducing the prison population. To do this, they aim to reduce the risk of re-offending once a person goes through treatment. During the program, patients have to stay sober and attend meetings regularly with the judge.

Since the program takes time, patients often understand the benefit of the help they're receiving and make a change for the better. That's good for society and for the prison population.

Rehabilitation is making waves in today's world, a place where people struggle with addiction every day. Getting the right help makes a difference for the public, the judicial system and prison population as well as for the offender. It's a good idea to look into this as an option if you are charged with a drug or DUI offense, because it could be your way to obtain helpful treatment.

<![CDATA[Working toward an uncontested divorce is may be best for children]]> tag:www.pgalegal.net,2018:/blog//76871.3462009 2018-10-06T21:37:05Z 2018-10-04T22:30:34Z Divorce can have a significantly damaging impact on children. In fact, it is one of the recognized adverse childhood experiences that can have an impact on mental and physical health for the rest of a child's life.




Chances are good that you and your ex don't agree on a large number of things regarding how you handle family matters in your pending divorce. After all, divorce usually springs from irreconcilable differences between spouses.



If you can avoid litigation, that is the best option




<![CDATA[Failing to file a tax return could result in tax evasion charges]]> tag:www.pgalegal.net,2018:/blog//76871.3462007 2018-10-04T22:21:37Z 2018-10-11T16:44:38Z There is a popular saying that the only two certainties in life are death and taxes. Some people would love to avoid their obligation when it comes to paying taxes to the federal government. There are many tactics that people employ to minimize their responsibility to pay taxes.

From deferred income to creating trusts, there are myriad potential tax schemes that can help people prevent paying more than they absolutely must. Not all attempts at decreasing tax liability are a smart decision, however.

]]> Some people actually avoid filing their annual tax return with the IRS in a hope of side-stepping their tax obligations. Unfortunately, the end results of failing to file taxes can be quite serious, leading to financial and even criminal consequences.

What happens when you don't file a return?

For many people, the most pressing concern about failing to file a tax return is what the IRS will do. In most cases, the IRS will use income reporting from employers, clients and financial institutions to create an estimated return in your name. They will then send you a copy of this return and request that you approve it.

Typically, you must respond to the request within 30 days, although those who don't do so will receive a second notice providing them with an additional 90 days to respond. During that time, the IRS will charge fees and interest on the amount of taxes owed that increase with each month. In other words, the longer you wait to approve an IRS generated tax return, the greater the amount you will end up paying.

Depending on your financial circumstances, it may be possible to pay your IRS debt over the course of many months, although you will likely incur additional interest and penalties during that time. Obviously, filing by the appropriate deadline and paying your taxes as owed and in full is the best option for the average American taxpayer.

Avoiding your tax obligations could be a form of tax evasion

People make mistakes, and so the IRS is likely to look the other way if you simply forget to file your taxes one year. Provided that you pay what is due and you file in a timely manner in the future, criminal consequences are unlikely.

However, if you habitually refuse to file taxes in an attempt to avoid paying them, that could result in tax evasion charges. Facing criminal charges related to tax evasion is a serious concern. You could end up suffering consequences that include jail time, massive fines and a requirement to repay taxes that you attempted to avoid.

If you and the IRS do not agree about how to handle your income tax situation, investigating your rights under the law is a good idea. Once you know what the likely consequences will be and what your options are, you can make a more informed decision about handling allegations of tax evasion.