Estate Planning Considerations During Divorce
You Should Update Your Estate Plan During a Divorce If you are going through a divorce, it is important to update your estate plan. This includes your will, your living trust (if you have one), your power of attorney, and your health care directive. Some estate planning documents you can change immediately by yourself or… Read More »
Summary Dissolution–A Simpler Faster Way to Divorce in California
A summary dissolution is a simpler way to end a marriage or domestic partnership for couples who qualify and are able to cooperate in obtaining the divorce judgment. A summary dissolution becomes final 6 months after you file with the court. It’s less expensive. Our firm charges a flat fee: no retainers, no deposits, and… Read More »
What is a 2-2-3 Parenting Schedule in a Child Custody Order?
A 2-2-3 parenting schedule is a way that parents with joint physical custody of children divide the custody time. Many parents choose this schedule because it allows a reasonable amount of uninterrupted time with the children and the children are never apart from either parent for long. The phrase 2-2-3 in the context of a… Read More »
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 »