Posts tagged "Family Law"

Divorce may lead to a change in filing status

Among other changes after a divorce, California couples who are ending their marriage may find that their tax situation is different. For instance, an individual who gets divorced during the current calendar year will usually file single. This is true regardless of how much time he or she spent married during that year. It may be important for parents to determine who will have access to the child tax credit as well as the dependent credit.

Family Law in California

When children in California have two different sets of rules to abide by, they may constantly feel on guard to avoid getting in trouble. It would be especially difficult to find common ground if the two sets of rules contradicted each other. This can be precisely what children experience when divorced parents share custody and have two separate versions of house rules.

What to consider before going to mediation

When a couple chooses to get a divorce, mediation may be a civilized method of accomplishing that goal. This may be especially useful for California residents who have children. However, it may be a good idea for anyone considering mediation to learn more about what this process entails. Doing so many increase the odds that mediation meets a person's needs in a family law matter.

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.

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  • 10 BEST 2016 | CLIENT SATISFACTION |American Institute of Family Law Attorneys
  • State Bar of California | California Board Of Legal Specialization

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