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Is Alimony Deductible and Reported as Income for Taxes?

Is Alimony (known as Spousal Support in California Family Law Courts) deductible by the payor and reportable income to the payee? On your California Return the answer is yes. In California if you receive alimony payments, you must report it as income on your California return. If you pay alimony to a former spouse/RDP, you’re allowed… Read More »

How Are Student Loans Divided by the Court in California Divorces?

Question: ” I am getting divorced in Los Angeles County. My ex wants me to take on half her student loan debt. They finished graduate school six months be fore we separated. We were married 10 years. Am I responsible for a portion of their student loan debt?” Answer: You are not responsible for her student… Read More »

Do I Need a Lawyer to File for Divorce in California

I am often asked: “Do I need a lawyer to file for divorce in Los Angeles California? Do I need a lawyer to file for divorce in Orange County, Ventura, San Bernardino? The answer is: It depends. After more than 30 years of  family law practice I am confident that many people can handle their… Read More »

Why Date of Separation Is Important in a California Divorce

I am often asked questions relating to the date of separation in California divorces. The date of separation is important to the division of community assets and debts in the divorce. It’s also important in determining the long term spousal support. Here’s an informative example: Question: My husband took out a big loan from his… Read More »

Paying Off Debts in a California Divorce

Here’s an example of a question I often receive: Before my marriage I had a 750-credit score. Now I’m getting a divorce and my score is around 500 due to foreclosure and a pile of charge offs in my name because she had bad credit when we got married and everything was put in my… Read More »

Small Business Owners Must Justify Their Business Deductions To Claim Reduction of Income Available for Child Support

In 2020 the California Appellate court held that a trial court erred by allowing depreciation deductions taken on equipment and other assets used in self-employed husband’s businesses (as listed on his income tax returns) to reduce amount of income available for child support. The court stated the burden was not on the wife to show… Read More »

Family Law Courts Can Deny Need Based Attorney Fees as a Sanction for Bad Conduct

Intersection of need based attorney fees and sanctions. Recently I posted regarding the two different types of attorney fee awards available in family law courts in California: need based and sanction based. Read the article here: https://lnkd.in/gKdYifpS In a recent family law matter, the trial court denied a party need-based attorney fees under Family Code §… Read More »

The difference between need-based attorney fees and sanction-based attorney fees in California family law courts.

There are two types of attorneys fees and costs awards: one based on need, and one as a sanction. Need based attorney fees/costs are controlled by FC 2030   Sanctions based attorney fees/costs are under FC 271. Need based attorneys fees and costs: California Family Courts are authorized to make an order requiring any party to litigation to… Read More »

Learn How To Avoid Probate Using a Transfer on Death Deed for Real Estate

What is a California Transfer on Death Deed?  Why Should You Care? The California transfer on death deed allows property to be transferred to a new owner when the current owner dies The transfer does not require a probate of the estate. The current owner retains ownership and control over the property, including the right… Read More »

What Is the Difference Between a Prenup and a Premarital Agreement?

There’s no difference. The phrases prenuptial agreement and premarital agreement and the word “prenup” all refer to the same thing: an agreement signed prior to marriage which contracts to modify the rights and obligations of parties from the statutory rules which govern the characterization of real and personal property as community property, the division of… Read More »