Question about Annual Gifting

SzDiverge · 2020-05-05T14:57:38+00:00

Do NOT do this without your own attorney. At the very least, have one to review the paperwork. Her side could very well craft the dissolution document in such a way that is very unfavorable to you, and do it in such a way that you don't realize by using complicated legal jargon.

Protect yourself and get an attorney.

Regarding the annual gifts, set up a couple free consultations and ask. They will give you the answer for your location.

sexytimeinseattle · 2020-05-05T15:19:22+00:00

Do not take advice from the opposition's attorney. That is the first rule.

You could maybe manage this "pro se" if she didn't have her own counsel. Now that she does you need to bring your own weapon to the table. The amount that you spend on an attorney, while it'll be a lot, will be dwarfed by the amount a bad alimony judgement will cost you.

Maybe you spend $20k on legal fees? Sounds like a lot, right? If she gets an extra $1k a month in alimony because you weren't able to mount an appropriate defense, you'll spend that in 2 years.

Fin4llyBre4thing · 2020-05-05T14:48:16+00:00

So you're trusting her attorney? They will extract as much as possible, well beyond what is fair. Use some of that money and get your own attorney. I'm your age and went through this in 2016. I called friends and interviewed 2 or 3. I borrowed against my 401k to pay the initial fee and got out for $3750 total.

4agreements · 2020-05-05T14:43:58+00:00

No it’s a gift, unless it’s millions of dollars, it won’t be considered as community property as long you don’t combine it in a joint account or pay the gift towards the mortgage. Open a new account at a new bank, where you will keep the gifted amounts until everything has been finalized. Also, don’t use the money to buy a new car or something.

j_smith987 · 2020-05-05T16:07:19+00:00

What do the irs rules say? Is a gift considered as income? And if it is from your mom, is it not like inheritance? If that is considered for alimony, won't you have the same claims on whatever inheritance your stbx gets now or later?

spstrong229 · 2020-05-05T20:46:13+00:00

You need to do what you need to do... rule of thumb in my state every 3 years, 1 year of alimony. Could be a long time. If she has a lawyer and you dont there is tricky language in these things and you will be kicking yourself years from now. Do your thing, just remember, we all said get a lawyer as we have been there.

spstrong229 · 2020-05-05T15:39:24+00:00

Alimony is the throwing the salt into a wound. This in no way should be handled by you when she has an attorney. GET AN ATTORNEY IMMEDIATELY!

Fin4llyBre4thing · 2020-05-05T14:50:25+00:00

Depending on your circmumstances, you may also find one that can help you pro bono... When I had to go back to court, I got free help from a lawyer at my church including a court appearance.

Downtowndex72 · 2020-05-05T17:22:17+00:00

Every state has different rules and case law surrounding this topic. What state are you in?

Title	Question about Annual Gifting
Author	skwyre
Upvotes	6
Comments	15
Date	May 5, 2020 1:06 PM UTC (6 years ago)
Subreddit	Posted in /r/Divorce_Men
Original Link	https://old.reddit.com/r/Divorce_Men/comments/gdxdln/question_about_annual_gifting/
Archive Link	https://theredarchive.com/r/Divorce_Men/question-about-annual-gifting.818260 https://theredarchive.com/post/818260

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