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Have you heard about the new spousal support tax rules?
on April 10, 2019Posted in Alimony,Divorce,Divorce Articles,Spousal Support,Taxes
Tax day is almost here! If you are getting divorced, you might not know about this newly applicable tax rule on spousal support (alimony). Effective January 1, 2019, Section 11051 of the Tax Cuts and Jobs Act repeals the tax code section that formerly allowed the payor of spousal support to deduct the same amount… read more
Protecting Your Finances During San Diego Divorce Season
on May 22, 2017Posted in Assets,Divorce,Divorce Articles
According to a March 2017 article in the Atlanta Journal Constitution, divorce in the United States consistently peaks from March to August. Researchers claim that the aftermath of Christmas along with summer holidays often play a vital role in motivating individuals to file for divorce during these months. Researchers typically refer to these months as… read more
Protecting Assets in a San Diego Grey Divorce
on May 8, 2017Posted in Divorce,Divorce Articles,Estate Planning
According to a September 2016 CNBC article, the divorce rate among couples near retirement age is doubling. In fact, the divorce rate for adults over 50 years old doubled from 1990 to 2014. For adults over 65 years old, the divorce rate tripled during the same time period. Retirement accounts and pensions are the second… read more
What High-Asset Couples Need to Know About Divorce in San Diego
on April 24, 2017Posted in Divorce,Divorce Articles,Family Law
According to Reuters, Spice Girl Melanie “Mel B” Brown filed for divorce from her husband, Stephen Belafonte, in March of 2017. She cited irreconcilable differences as the reason for ending her nearly 10-year marriage to the TV producer. The couple separated in December of 2016. In court papers filed in Los Angeles Superior Court, Brown… read more
Ensure Your Privacy Through Divorce Mediation or Arbitration
on December 9, 2015Posted in Divorce Articles,Divorce Mediation,Family Law,Mediation
Private dispute resolution, sometimes called alternative dispute resolution, is a way for parties to a family law case to resolve their case without going through the full formal process in a California court. For purposes of family court private dispute resolution typically takes two forms: divorce mediation and arbitration. Divorce Mediation is voluntary and refers… read more
Can I stop paying spousal support now that my ex is shacking up?
on December 6, 2015Posted in Alimony,Divorce Articles,Family Law,Spousal Support
It depends. Those who are ordered to pay spousal support (often referred to as “alimony”) to an ex-wife or ex-husband may be left without a date that they get to stop paying support. Under California law, if a marriage lasts longer than ten years the court will generally not set a given date for the… read more
Divorce Mediation Keeps Your Private Life Private
on November 30, 2015Posted in Assets,Divorce Articles,Family Law,Mediation
One of the benefits of divorce mediation is that it is confidential, keeping your private family issues private. Where issues brought to court are recorded and available, everything said and worked on in mediation is protected and confidential. The California Evidence Code as well as a number of court cases ensure that mediation lets you… read more
Divorce Mediation Keeps Your Family Out of Court
on November 27, 2015Posted in Divorce Articles,Family Law,Mediation
Most people think that resolving family law issues requires a trip to court because they don’t know mediation is an option. Divorce mediation is private, collaborative, and keeps the outcome of your case in the hands of the people involved rather than a judge. Mediation uses shared knowledge and communication to resolve your family law… read more
Imputed Income during Incarceration
on November 19, 2015Posted in Assets,Child Support,Divorce Articles,Family Law
In Re Marriage of Smith, 90 Cal.App.4th 74 (2001). If you’re willing to go to jail where you can’t work, your support will likely be set to zero. In Re Marriage of Smith gives us a decision on three cases where the court was asked to impute income to people while they were in prison…. read more
on November 17, 2015Posted in Assets,Child Custody,Divorce Articles,Family Law
In re Marriage of Eggers, 131 Cal.App.4th 695 (2005). Eggers tells that the court has to follow the ability and opportunity analysis before imputing income even when someone loses their job for misconduct. Thomas Eggers was terminated from his job at The Edison Company for sending “offensive emails of a sexual nature”, over a prolonged… read more