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Amended -
David,
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?
Regards,
=--------------------------------------------
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 - http://www.bellamy.bc.ca/about.html
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.
http://www.uscis.gov/files/form/I-131.pdf
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.
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.
206-441-7652
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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.
Practice Areas
• Family Law including:
dissolution, parenting conflicts, property settlement, modifications,
and arbitration
• Criminal Law including: sub specialty in sexual molestation
allegations
• DUI and drug related charges or allegations
• Misdemeanor offenses
• Trusts and Estates: estate planning and wills
• Contracts, contract, negotiation, arbitration, contract formation,
contract breach issues and mediation
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