Family Law Archives

Rules for claiming alimony payments as tax deductions

California residents who pay alimony should be aware of the rules for deducting support payments from taxes. For example, a U.S. Tax Court ruled that alimony payments cannot be claimed as deductions if they are not included in the original divorce or separation agreement. In addition, alimony is not deductible if the parties live in the same household or have a separation agreement specifying that the support payment is not taxable in some way.

How parents can assist children throughout a divorce

California parents who are getting a divorce might wonder how they can help their children in the process. Parents who are able to work together to assist their children might begin by agreeing on the best time to file for divorce. This might be during a stretch in the school year when there are few holidays, such as March, when parents can visit their attorneys and take care of other business while children are in school. Conversely, they might decide that summer vacation is the best time because they can spend more time with their children then.

How the Hague Convention protects against child abduction

A divorced California parent who is worried that the estranged spouse has or is planning on taking their child out of the country in violation of a custody order may want to get some information regarding the Hague Convention on the Civil Aspects of International Child Abduction. More than 90 countries are signatories to the treaty that attempts to protect children and the parent who has legal custody. The United States is a signatory, but if the country to which a child has been taken is not, the situation is more difficult.

Timing and divorce mediation

Although many California couples whose marriages are ending face antagonistic divorce proceedings because of litigation, mediation may provide you with a more affordable solution that can reduce stress. A divorce creates serious changes for all members of a family, and having an unknown judge impose decisions may seem harsh and unfair. Mediation allows you and your spouse to provide financial information and goals through intake forms. Although you can opt out at any point if this method does not seem to be working well, it could streamline the proceedings while allowing you to avoid appearing in court.

Summer break isn't always relaxing for co-parents

Now that the kids are out of school, families all across San Diego are ready to kick back, relax and enjoy the summer. This might mean sending the kids off to camp, taking vacations or just spending time together without worrying about homework and studying.

7 questions to consider before choosing collaborative divorce

We have all heard horror stories about bitter and contentious divorces. We have read about divorces dragging on for years, spouses making nasty allegations against each other in public, parents using children as bargaining chips and people who try to hide assets to limit their financial obligations to an ex.

How assets are divided in a California divorce

One of the most complicated and contentious aspects of a divorce involves the division of assets and debts. Splitting up your property and money can be very upsetting not only because of the logistical issues that can arise but also because of the fact that it can make people feel very uneasy to lose roughly half of their assets.

Kids should be protected from some realities of custody disputes

There is no doubt that divorce can be extremely difficult for families across California, especially when there are children involved. We previously wrote an article about how parents can focus on positive parenting in the wake of a divorce. In that article, titled "Positive Parenting Through Divorce," we discuss some \ways that parents can work through divorce transitions with children.

How do I know if my prenuptial agreement is enforceable?

Many people across California take the opportunity to protect themselves and their assets by having a prenuptial agreement. Historically, this document was often seen as something that only very wealthy people considered. However, because so many couples are getting married later in life, they are entering a marriage with more maturity -- and more assets -- than in previous generations. This could mean that people are more likely to consider signing a prenuptial agreement.

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    Attorneys Paul Gavin and Wayne Dersch are certified as a family law specialists. Learn More