menu MENU

Archive for January, 2016

Tax Preparation Fees

January 29th, 2016

tax tip

An often overlooked itemized deduction is the deduction of tax preparation fees.  Generally, anyone you pay to prepare or assist in the preparation or review of your income tax return can be deducted on Schedule A.

The tax preparation fees include any money you paid to a tax attorney, accountant, bookkeeper, or tax preparation software program to prepare your federal tax return.  The deduction also include any fees you incurred in order to electronically file your return.

However, the fees are not deductible unless they exceed 2% of your federal adjusted gross income. If you would like some help with your taxes, feel free to contact us at 816-524-4949 or Choorfar@hoorfarlaw.com. 

When Child Support Modification Takes Effect

January 28th, 2016

money
In Missouri, the modification of a child support request takes effect at the time the motion or request is served on the other party.  It does not take effect when the change of circumstances actually occurred.  If you would like to try and modify your child support, contact our office at 816-524-4949.

Setting Aside a Judgment

January 26th, 2016

law

In Kansas, after a judgment is entered, a person can try and set aside, or vacate, the judgment in order to have the case re-litigated.  However, in order to set aside the judgment, the person must show that there was some excusable neglect.  Unfortunately, as stated in the case of Morton County Hospital v. Howell, not understanding what you are admitting to when you admit to a judgment does not constitute excusable neglect.  Therefore, if you admit to a judgment, you cannot undo the judgment simply because you did not know what you were doing.

If you have judgments against you and would like some assistance, contact our law office at www.Hoorfarlaw.com or 816-524-4949.

Reducing Your Alimony or Maintenance Payments

January 25th, 2016

pay

In Missouri, in order to try and reduce your alimony payments or maintenance payments to a former spouse, you must show that you have had a substantial and lasting change in circumstances from when the alimony or maintenance payments were ordered.  If you cannot show a change, your payments will not be adjusted.

If you would like to try and reduce your alimony, maintenance, or child support payments, contact our law office at www.Hoorfarlaw.com or 816-524-4949.

Entertainment is Subject to Sales Tax

January 22nd, 2016

dance

Missouri has ruled that a person must pay sales tax on any activity that occurs in any place of amusement, entertainment, or recreation.  This rule includes dance lessons, as Miss Dianna’s School of Dance learned earlier this year.  Therefore, if you own a business, you may want to make sure that you are correctly charging, or not charging, sales tax to your customers.

If you have tax issues and would like some help, contact our law office at www.Hoorfarlaw.com or 816-524-4949.

Resisting Arrest is Grounds for a Search

January 21st, 2016

arrested

In Missouri, the courts have ruled that resisting arrest is grounds for a police officer to search the person who tried to resist and their immediate surroundings for any illegal items or evidence.

If you have been charged with a crime, contact our law office at www.Hoorfarlaw.com or 816-524-4949.

When a Guardian Ad Litem is Needed

January 19th, 2016

guardian

Missouri law requires that a Guardian Ad Litem be appointed to represent the children in a family law case when there are allegations of child abuse or child neglect.  Without an allegation of abuse or neglect, a Guardian Ad Litem is not required.  If you have a family law case and need assistance, contact our office at 816-524-4949 or visit our website at www.hoorfarlaw.com.

Bank Bad Deeds in Bankruptcy

January 18th, 2016

bank

The National Association of Consumer Bankruptcy Attorneys has recently listed several actions that, if taken by a bank or mortgage services, constitutes an abuse of the mortgage servicing rules when a debtor is in bankruptcy.  Here are some of the actions that a bank should not take:

  1. Charging and advancing legal fees, property inspection fees, and broker price opinion fees incurred after the filing of a bankruptcy without disclosing the fees or filing an application with the court.
  2. Charging escrow fees in a proof of claim and also by a direct escrow review with enhanced direct monthly payments.
  3. Imposing late charges because the bank applies post-petition direct payments to pre-petition arrears.
  4. Charging property inspection fees every 32 days.
  5. Charging broker price opinion fees every 60 days.
  6. Purchasing forced-placed insurance on the property even though the debtor has insurance on the property.
  7. The failure to disclose the commissions received due to the forced-placed insurance.
  8. Failure to provide a debtor a credit or refund for forced-placed insurance.

If you believe you need assistance filing for bankruptcy or suing a mortgage company for a violation of servicing rules, feel free to contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.

Abating Child Support

January 14th, 2016

child support 3

A person can ask a Missouri court to abate (undo or reduce) their child support if certain conditions are met.  One condition that qualifies is that the person is denied their right to court-ordered visitation with the child.  Another condition that qualifies is that the person receiving the child support is not actually caring for the child.

If you would like to speak to an attorney about abating child support, feel free to contact our law office at 816-524-4949 or www.Hoorfarlaw.com.

Motions for Summary Judgment

January 12th, 2016

appeal

When served with a Missouri lawsuit and you receive a motion for summary judgment, you must show that that there are disputed material facts that the court must decide upon.  If you do not respond to the motion for summary judgment, you can be deemed to agree with the other side and therefore lose your case.

If you have been served with a lawsuit and would like legal representation, contact our law office at 816-524-4949 or visit our website at www.Hoorfarlaw.com.