Tax Deductibility of Lump Sum Spousal Support Payment

May 19, 2014

alimony-spousal-support.jpgIn California divorce cases parties often overlook the tax treatment of their proposed actions when negotiating settlement agreements. A husband might say, "I will pay you more spousal support than child support because our child is turning eighteen (18) soon and child support will terminate." A wife might say, "I will pay you $100,000.00 if you just waive your right to spousal support." In order to compromise an attorney might propose, "Let's start with a high spousal support amount for the first year and step the amount down as time goes on." However, family law litigants should think carefully about these proposals because they all contain hidden tax consequences.

In a recent post-judgment modification case, Alice requested an increase in the amount of monthly spousal support she received from her former husband, John. The parties reached an out of court settlement and John agreed to pay Alice a lump sum payment of $350,000 in exchange for her agreement to waive any future right to spousal support. After the parties formalized their agreement, John paid Alice $350,000. As John was used to deducting his monthly spousal support payments on his tax returns, he deducted the $350,000 spousal support payment on his return the following year. The IRS disallowed all but one month's worth of spousal support as a deduction for John. On appeal, the tax court held that a lump sum settlement of future spousal support was non-deductible because the obligation to make the payment would not have expired in the event of Alice's death.

Generally, Congress draws a clear line between child support, spousal support, and property settlements in order to ensure that parties can only deduct payment of spousal support. Further, Congress has structured the law to ensure parties cannot structure property settlements that are disguised as spousal support. As is evident in this dramatic example, the ability to deduct $350,000 of spousal support versus being barred from such a deduction results in a radically different amount of money paid out-of-pocket. On the other side of this case, Alice received $350,000 in non-taxable spousal support which otherwise would have been taxed to her at her normal rate. Alice received substantially more net income than she otherwise would have.

alimony.jpgIn sum, taxation and family law is a complicated crossover of two different areas of law. Your property and support agreements may involve serious tax implications and therefore, it is always advisable to consult with a knowledgeable family law attorney regarding your divorce issues.

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Make Post-Divorce Co-parenting Easier With Apps

May 18, 2014

apps-phone.jpgIn today's day in age, most of us are guilty of being hooked on technology. If you're going to spend a significant portion of your day on your technology devices, then why not use that technology to your advantage when going through or after a divorce. Both during and after a divorce, problems often arise between spouses when there is co-parenting involved. However, there are several apps that you can download on your smart phone or iPad to help make co-parenting with your ex-spouse easier.

2houses: This app makes co-parenting easier by offering digital tools to allow both parents to easily communicate and make arrangements with regards to their children. The app offers everything from school to activities to medical issues. Both parents are able to view a joint calendar. There are also tools to help divorced parents sort out who will pay for what related to their children. Expenses can easily be entered and then the app will determine when a balance is achieved based on the input information that the parents put in. The journal on the app also allows both parents to share information about the children. Lastly, the information bank gives both parents access to vital details, such as phone numbers, immunization records, shoe size, etc.

Our Family Wizard: This app includes a calendar, journal, message board, expense log, info bank for safe storage of family information, and a notification center. Parents can utilize this app to share messages, communicate regarding expenses and update your ex-spouse about your child's appointment, all without having to involve the child as the messenger.

apps-kids.jpgCozi: This is another great app for sharing calendar items, to do lists and contacts with your ex-spouse. For instance, you might want to add contact information for your child's soccer coach or doctor's office so that both spouses have quick access to the contact information when he/she has custody of the child. The calendar is also great because it is a shared calendar, meaning if you add your child's dentist appointment on the calendar it will automatically show up on your ex-spouse's calendar and you can even send him/her a reminder through the app.

Baby connect: Keeping track of your child's feedings, diapers, sleep, medicines and activities can be difficult when custody of the child is changing hands between mom and dad. Using this app will help you keep track of all of this.

Skype: Skype is a great way to facilitate "face-to-face" communication via video chat between your child and the other parent when the child is in your custody.

These are just a handful of apps that help to make co-parenting life easier. Utilizing one of these apps has the potential to reduce tension, stress and fighting between the parents by allowing them to communicate without the need for face-to-face contact or using the child as the "messenger." In turn, both parents will more effectively stay informed about what it going on in their child's life, even when the child is in the other parent's custody.

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Beyoncé's Dad Avoids Child Support Obligation

May 17, 2014

beyonce and dad.jpgBeyoncé's dad, Mathew Knowles, is best known for his management of the all-female pop group, Destiny's Child. Since Destiny's Child has disbanded and Beyoncé has risen to the top as a solo artist, her father is no longer a millionaire manager. Recently, Mathew Knowles has not been in the spotlight for his talent, but rather for his ongoing dispute with Alexsandra Wright, the mother of his 3-year-old son. Although Wright and Knowles were never married, Knowles was ordered to pay $12,000 per month in child support in February 2013.

A few weeks ago, Knowles appeared in court requesting a modification of his child support obligation. The judge agreed Knowles was entitled to a reduction in child support and ordered payment of $2,485 per month. The modification of child support was based on Knowles claim that he experienced a reduction in income. Further, Knowles convinced the court that he was overpaying support under the previous order. As a result, the judge concluded that Knowles overpaid child support by $110,000. In order to equalize the overpayment, the court gave Knowles credit going forward for child support up to $110,000 at the rate of $2,485 per month. Therefore, Wright will not receive child support for approximately three and a half years.

beyonce-cash.jpgThe media is criticizing the judge for denying Wright child support for the next three and a half years because Wright is struggling to support herself and the parties' son. In order to cover the cost of groceries, Wright is receiving $300 per month in food stamps. Due to the involvement of public assistance services, welfare officials may pursue Knowles for some contribution for support. Although the overall result of this child support dispute may seem unjust, the judge's order does have some basis in California family law principles.

In San Diego, if a party files a request to modify support, that motion may not be heard for months. Or, on the other hand, it may be heard within thirty days. To level the "playing field" for those cases which might take longer to reach a courtroom (due to the court's busy calendar or unnecessary delay of the parties), California has instituted a policy of "retroactive support". This means that California family courts have the power to reach back to the date of filing for the motion and modify support as of that date. Often, retroactive support awards result in an overpayment or underpayment of support which is then addressed by the court. If there has been an underpayment of support, the court will look for a source from which to order payment of that amount or establish a reasonable payment plan. In this case; however, the judge determined an overpayment of support occurred and gave the father a credit for that amount.

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Will California Modify my Custody and Visitation Orders From Another State?

May 16, 2014

moving-boxes.jpgRelocation throughout the United States is generally a simple process; therefore, it is not uncommon for one or both parties to move to a different state after a divorce. In such cases, parents are faced with a jurisdictional dilemma with regard to their custody and visitation issues. Frequently as children get older their needs and schedules change significantly. In some cases the parents are able to adapt to new situations and reach agreements to modify outdated custody and visitation orders. However, in more high conflict cases, court intervention is necessary - especially if the parents no longer reside in the same state.

The Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") is the governing law for determining whether a court can exercise jurisdiction over a custody and visitation matter. Under the UCCJEA, a California court may not modify another state's custody order unless (1) the California court has jurisdiction to make an initial custody determination AND either (2) the court of the other state determines that it no longer has exclusive, continuing jurisdiction OR (3) a California court or a court of the other state determines that the child, the child's parents and any person acting as a parent do not presently reside in the other state.

moving-backyard.jpgCalifornia has jurisdiction to make an initial custody determination if California is the home state of the child on the date of the commencement of the proceeding. The "home state" is defined as the state in which a child lived with a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. Therefore, unless California is currently the home state of the child, it will not proceed with the rest of the analysis to consider whether it can modify another state's order.

Once California has determined it is the home state of a child, the parties must meet item two or item three discussed above. If the court that made the initial child custody determination determines that it no longer has exclusive, continuing jurisdiction because the child and one parent fail to have a significant connection with the state and substantial evidence concerning the child's care, protection, training and personal relationships is no longer available in that state, California may modify another state's order. In addition, if none of the parties continue to reside in the state which made the initial custody order, California may modify an out-of-state custody order as long as all of the proper procedures have been followed.

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Is Phone/Email Harassment a Basis for Restraining Order Against Ex-Spouse?

May 15, 2014

phone-harassment.jpgAccording to Fox News, a Florida man called his ex 145 times over the span of a mere 11 hours. Although he has been released from jail on bail, he now faces charges of aggravated stalking. If this situation were to occur in California, would the man's actions perhaps warrant an order of protection in the realm of domestic violence? Could he face any criminal consequences for his actions?

Unfortunately, divorce attorneys often deal with clients who are being abused by their ex or their soon to be ex and need legal protection from such abuse. Harassment may be considered a form of abuse. If the client and the other person have a close relationship (i.e. they are divorced, separated, dating, use to date, living together, used to live together or closely related) and the client has been abused or harassed by that other person, it falls within the realm of domestic violence. Divorce attorneys will typically assist the client with getting a domestic violence restraining order against the other person.

phone-harassment-teenager.jpgA restraining order, also known as an order of protection, is an order by the court that sets forth what conduct is or is not permitted between a person who has committed threats or violence against another person. Behavior that constitutes domestic violence for purposes of seeking an order of protection can be physical abuse, sexual assault, making someone reasonably afraid of being hurt, or harassing, stalking, disturbing someone's peace, etc. First, a Temporary Restraining Order must be obtained. Then, the Court will set a date for the parties to return to Court and request that the Restraining Order be made a Permanent Order. Also, according to Family Code 6320(a), "The court may issue an ex parte order enjoining a party from molesting, attacking, striking, stalking, threatening, sexually assaulting, battering, harassing, telephoning, including, but not limited to, making annoying telephone calls"

Depending on the severity of the situation, you can also pursue criminal prosecution against the abuser or harasser. In fact, California Penal Code Section 653m (b) provides that "Every person who, with intent to annoy or harass, makes repeated telephone calls or makes repeated contact by means of an electronic communication device, or makes any combination of calls or contact, to another person is, whether or not conversation ensues from making the telephone call or contact by means of an electronic communication device, guilty of a misdemeanor." So your ex calling you over 145 times during the span of a mere 11 hours, like what recently happened in Florida, could not only warrant an order of protection but may also be considered a crime punishable pursuant to the California Penal Code. Of course, excessive phone calls or electronic contacts that are made in good faith or during the ordinary course and scope of business, would not be punishable under the Penal Code.

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The Role of 730 Evaluations in Family Court

May 14, 2014

child-custody-evaluation.jpgAt the heart of any divorce proceeding involving minor children should be the consideration of what is in the child's best interest. In high conflict cases, where the divorcing parents cannot come to a mutual agreement regarding the custody arrangement for their child or children, the court will need to get involved to determine the appropriate allocation of physical contact and decision making authority that each parent will have with the child. Often times, in order for the Judge to determine what is in the best interests of the child, he or she will need to order a Child Custody Evaluation.

In California, a Child Custody Evaluation is also often referred to as a "730 Evaluation" because California Evidence Code Section 730 permits the court to appoint one or more experts to investigate, render a report and testify as an expert in order to help the Judge determine what is in the best interest of the child. This type of forensic evaluation is much more extensive and formal than just a court-ordered custody investigation. Specifically, if there are concerns about mental health issues, child abuse, substance abuse, parenting practices that may have a negative impact on the child, move away cases, etc. a 730 Evaluation will likely be needed in order to get a thorough, objective and competent analysis of the parents and an assessment of what is in the best interests of the children.

child-custody-evaluation-woman.jpgQualified examiners include Marriage and Family Therapists, Licensed Clinical Social Workers, Psychiatrists and Psychologists. In California, the Judge typically selects the evaluator from an approved panel or a list submitted by the parties (so long as the recommended evaluator meets the list of criteria required). The evaluator will be required to act as a professional expert and must act as a neutral throughout the evaluation. 730 evaluations typically involve observations, review of documents and medical records, clinical interviews with the parents and children, and psychological assessments. Any formal psychological testing, however, must be completed by a trained psychologist. It usually takes at least three months to complete all of the necessary evaluations and to draft a detailed written report.

Since the Judge does not know the family personally, he or she will typically depend on the opinion of the expert to understand the parties and their nature of interaction with the child. Ultimately, the main focus of the Judge is to uncover what is the best interest of the child. Therefore, a 730 evaluation usually includes a written recommendation for what the evaluator believes, based on his or her expert opinion, is in the best interests of the child. While the evaluator does offer his or her input, the Judge is the one who ultimately makes the decision regarding child custody. But, the evaluator's recommendation is usually taken very seriously by the court who may give significant weight to the evaluator's recommendation. The evaluator may also be brought into court to further explain or defend his or her recommendations. In some situations the evaluator may even be ordered to conduct further studies of the issue at hand. In any case, 730 evaluations can play a big role in high conflict custody cases.

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Bankruptcy and Divorce in California

May 13, 2014

beach fence.jpgIn every California divorce proceeding, both parties must take a good hard look at their joint and individual finances. This is because, at the outset of the divorce process, both parties are required to provide an exhaustive list of all assets, debts, income and expenses. This aids in the division of property and determination of support. However, sometimes once all the facts are laid out in black and white for the parties, they realize that they have much more debt than they originally thought. If the parties' financial situation is dire enough, one or both parties may file bankruptcy.

If you are going through a divorce and are considering filing bankruptcy it is important to discuss this decision with both a bankruptcy attorney and a certified family law specialist. Together, these professionals should be able to give you all of the information necessary to make the decision regarding whether to file for bankruptcy or not. If you decide you would like to file for bankruptcy, you should consider the timing of your filing and the effect it will have on your divorce case.

Once a party to a divorce action files bankruptcy, the bankruptcy case operates as a stay to all proceedings regarding the division of community property that is the property of the bankruptcy estate. The stay does not operate to prevent proceedings to collect, modify or enforce child and/or spousal support payments against current income. Further, the divorce proceeding itself is not stayed. However, a dissolution proceeding cannot be completed until all property is divided. If property division is stayed pursuant to an ongoing bankruptcy case, the resolution of the divorce case will likewise be stayed.

If a divorce judgment is entered in violation of a bankruptcy imposed stay of proceedings, the divorce judgment is still valid. However, the divorce judgment will have no legally binding effect on the bankruptcy case. The divorce judgment is effective and binding as between the parties but has no legal effect on the bankruptcy authorities. The bankruptcy court does have the option to deflect jurisdiction to the family court to establish the character or title to property held in the debtor's estate. Unless and until the bankruptcy court deflects such jurisdiction to the family court, the property of the estate will be controlled by the bankruptcy court. In the context of a post-judgment motion or case where the parties to a family law matter were never married, filing bankruptcy does not stay a request to establish or modify child or spousal support.

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More than Two Legal Parents Recognized in California Family Law Courts - Part 2

May 12, 2014

multiple-parents.jpgAs blogged about in Part 1 of my previous blog entitled "More than Two Legal Parents Recognized in California Family Law Courts" new legislation was enacted changing the traditional perception of "family" in the California court system. Until recently, children were presumed to have only one or two parents. Having three parents was not even a consideration. However, under the new law, which went into effect January 1, 2014, Courts are now able to recognize that a child may have more than two legal parents.

The modification of Family Code Section 3040, as discussed in Part 1, gives the Court authority to allocate child custody and visitation among all parents in the case of a child with more than two parents. Such allocation must be based on the best interest of the child, including stability for the child by preserving established emotional bonds and patterns of care that the child has had. While the modification of Family Code Section 3040 focuses on custody and visitation, the addition of Family Code Section 4052.5 sheds light on the Court's authority to allocate child support when a child has more than two parents.

Family Code Section 4052.5 dives deeper into the realm of recognizing that a child can have more than two legal parents and gives family law courts the authority to divide child support obligations among all parents under certain circumstances. Specifically, Family Code Section 4052.5 provides, in part, the following: "The statewide uniform guideline, as required by federal regulations, shall apply in any case in which a child has more than two parents. The court shall apply the guideline by dividing child support obligations among the parents based on income and amount of time spent with the child by each parent, pursuant to Section 4053." However, this section further provides that "... the presumption that the guideline amount of support is correct may be rebutted if the court finds that the application of the guideline in that case would be unjust or inappropriate due to special circumstances, pursuant to Section 4057. If the court makes that finding, the court shall divide child support obligations among the parents in a manner that is just and appropriate based on income and amount of time spent with the child by each parent." [emphasis added]. In other words, the Court may deviate from statewide uniform guideline in the case where a child has more than two parents, when it is just and appropriate to do so.

multiple-parents-kid.jpgGiving Courts the discretion to allocate child support obligations (or receipt of child support) to more than one parent is significant because it allows for the financial responsibility of a child post-divorce to be distributed among all parents who are involved in raising the child based on each parent's income and respective time spent with the child. As a result, children are afforded the legal opportunity to be financially supported by all of the adults that play a central role in his or her care.

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Spousal Support and Domestic Violence - Do Victims Have to Pay?

May 11, 2014

spousal-support-balance.jpgIn a typical California divorce case, spousal support is awarded based on the need and ability to pay of the parties. However, if there is a history of domestic violence in a case, the spousal support analysis is not so simple. Embedded within California Family Code and cases is the public policy disfavoring an awarded of spousal support from a victim of domestic violence payable to his or her abuser. In making a decision regarding long term spousal support the court is required to consider all of the factors outlined in Family Code § 4320 including domestic violence. In addition, the family courts can make support and property orders in a proceeding brought under the Domestic Violence Prevention Act.

Family Code § 4320(i) provides that the court shall consider the following circumstances: "Documented evidence of any history of domestic violence, as defined in [Fam. Code §6211], between the parties or perpetrated by either party against either party's child, including, but not limited to, consideration of emotional distress resulting from domestic violence perpetrated against the supported party by the supporting party, and consideration of any history of violence against the supporting party by the supported party." The Family Code also has provisions creating a presumption that a spousal support award should not be made in favor of a person convicted of a crime of domestic violence.

spousal-support-beach.jpgAlthough the law is clear regarding cases where a finding of domestic violence has been made or where one party has been convicted of a crime of domestic violence, what happens if a spousal support hearing is conducted while a domestic violence case is pending? Recently, a California appellate court held that a court may award spousal support in a proceeding brought under the Domestic Violence Prevention Act prior to reaching a conclusion that domestic violence has occurred. Contrary to cases where an alleged domestic violence abuser is requesting support, this recent case addressed the issue of support due to the alleged victim. Domestic violence hearings can get continued out (for months sometimes) for a variety of reasons. The court reasoned that is should not withhold support for an extended period of time just because the domestic violence issues have not been decided.

Domestic violence cases are always emotionally charged and carry significant implications for both parties. It is always important to discuss your domestic violence case with an experienced family law attorney to ensure that your rights are protected.

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More than Two Legal Parents Recognized in California Family Law Courts - Part I

May 10, 2014

three-parent-family.jpgIf you open up a fresh copy of the 2014 Family Law Code and do some heavy reading, you might notice the modifications to Section 3040, 4057, 7601, and 8617 as well as the addition of Section 4052.5. Back in October 2013 new legislation was signed which now allows California Courts to recognize that children can have more than two legal parents. Although conservative groups viewed this new legislation as an attack on the traditional family structure, the purpose of these new and modified sections is to address changes in family structure that are often present in California. These include the "not so uncommon anymore" situation of a same-sex couple having a child with a biological parent of the opposite sex.

The basis for the legislation apparently arose as a reaction to a 2011 court decision (In re M.C (2011) 195 Cal.App.4th 197) that involved a same-sex couple who ended their relationship for a brief amount of time. One of the women conceived a child with a man (and began raising that child with the man) prior to resuming her relationship with the other woman, whom she ended up marrying shortly thereafter. After a fight put one of the women in the hospital and the other in jail, the child was sent to foster care because although all three adults seemed to meet the criteria to be a legal parent of the child, the biological father did not have parental rights under the law at the time. The court reasoned that it was prohibited from recognizing that more than two people may claim a right to parentage.

In response to the Court's ruling in In re M.C., the Family Code was modified to give Courts the authority to expand the interpretation of the parent and child relationship. Specifically, Family Code Section 7601 provides that Courts are not precluded from making "a finding that a child has a parent and child relationship with more than two parents."

three-parent.jpgAllowing the Courts to recognize that a child may have three or more legal parents is quite significant for purposes allocating custody and financial responsibility during and after a dissolution proceeding. With regard to the allocation of custody and visitation, Family Code Section 3040 has also been modified to provide for the following: "In cases where a child has more than two parents, the court shall allocate custody and visitation among the parents based on the best interest of the child, including, but not limited to, addressing the child's need for continuity and stability by preserving established patterns of care and emotional bonds. The court may order that not all parents share legal or physical custody of the child if the court finds that it would not be in the best interest of the child as provided in Sections 3011 and 3020." [emphasis added].

As a result of this modification, Courts have the ability to prevent children from being separated from an adult that he or she has always known as a "parent" simply because of a technicality in the law. This modified section allows Courts to place the interest of the children first by giving them the authority to protect children from the emotional and psychological impact of being separated from one of his or her parents. Thus, rather than having to place a child in foster care, the Courts are now able to consider the presence of someone who has played a vital parental role in the child's life.

Continue reading "More than Two Legal Parents Recognized in California Family Law Courts - Part I" »

What is Considered "Property" in a Divorce Case?

May 9, 2014

shared-property-room.jpgIn a recent divorce between Black Keys' singer, Dan Auerbach, and his former wife, Stephanie Gonis, the parties divided an unusual asset - a lock of Bob Dylan's hair. This is a perfect example of the family law principle that all property must be divided upon dissolution. In the Auerbach-Gonis divorce, the parties owned a variety of typical assets such as real property, vehicles, and cash; however, all property - including valuable locks of hair must be divided at the time of judgment.

In the beginning of each divorce case, the parties are required to disclose and characterize all property either party has an interest in. "Property" is defined in California Civil Code Section 654 as, "the ownership of a thing is the right of one or more persons to possess and use it to the exclusion of others...the thing of which there may be ownership is called property". Property can be further characterized as "real" property and "personal" property. Generally in dissolution proceedings, real estate (including the marital residence and vacation homes) are the only "real" property divided. All other property is generally "personal" property.

shared-property.jpgUltimately Gonis was awarded Bob Dylan's hair pursuant to the Auerbach-Gonis judgment. According to the California Family Code and applicable California case law, the community estate must be divided equally between the parties. The community estate consists of all the community property acquired by the parties from the date of marriage to the date of separation. In some circumstances, although the estate as a whole can be divided equally in terms of the value each party receives, all assets may not be divisible. It is important to note that all property, including the separate property of both spouses, must be disclosed. Separate property is defined all property acquired by either spouse prior to marriage, after separation, or during marriage by gift, bequest, or devise. If property is determined to be the separate property of one spouse, that property will be confirmed to that spouse in the final judgment without offset for its value.

In a case where a community asset cannot simply be divided in half and distributed to the parties, such as a lock of hair, the parties will have two options. First, the parties can agree on the value of the indivisible item and offset the division of other assets to account for one party receiving the asset in full. Second, the parties can agree to sell the indivisible item and split the proceeds equally. If an asset is easily divisible, such as the funds in a bank account, the parties can each take one-half of the asset without the need for a valuation or sale.

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Is My Credit Doomed During a Divorce?

May 8, 2014

Financial-tug-of-war.jpgIt seems like we all spend so long trying to build good credit over the years just for it to be ruined with a snap of the fingers. A divorce doesn't have to be the culprit in ruining your credit. If you take certain measures while going through a divorce, you can help protect your credit rather than sending it and your financial future to its demise.

Review Your Credit Report
The first step in protecting your credit is to get a copy of your credit report. Once you have a copy of your report it is important to thoroughly review it so that you are well aware of all individual and joint accounts. Perhaps you forgot about a department store credit card that you opened quite some time ago. Reviewing your credit report will get you up to speed on all of your accounts.

Closely Monitor Joint Accounts
financial-credit-cards.jpgAfter reviewing your credit report and refreshing your memory of all of your accounts, the next step is to closely monitor them, especially the joint accounts. During or after the divorce, transferring or closing accounts might not occur as quickly as you hope. During this time, it is important that you monitor those accounts closely and catch any missed payments (even if your ex-spouse has agree to make the payment) before your credit gets damaged. If you can't access the account statements online it would behoove you to request the lender to send you a copy of the account statement each month.

Be Budget Savvy

During a divorce, many people tend to feel like they are drowning financially, either due to various expenses related to the divorce or from frivolous spending habits as a result of the emotional affect that divorce tends to have. The best thing to do in order to tackle the financial woes associated with divorce is to create, implement and track a post-divorce budget that takes into account your income and all of your expenses. Being budget conscious will help you to not allow your expenses to exceed your income and hopefully leave you with a whole lot less debt.

Be Mindful of Authorized Users on Credit Cards
After reviewing your credit report you will be able to note which accounts your spouse is listed on as an authorized user. Being listed as an authorized user means that the person has permission to use the credit card to rack up charged but that he or she is not responsible for paying the bill. This is different than joint credit in which both parties are responsible for paying. If you notice that your ex-spouse is listed as an authorized user, it might be worth it to give the credit card company a call and remove his or her name to avoid any additional problems.

Although divorces can be extremely emotionally draining and time consuming, it's crucial to your future that you do not to push your finances to the back burner. Being proactive about managing your credit during your divorce will surely help you post-divorce.

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Can a Child Sue for Child Support?

May 7, 2014

College-Student.jpgIn a recent controversial New Jersey case, Rachel Canning filed a lawsuit against her parents requesting child support. Canning, a high school senior, alleges her parents kicked her out of their house after she turned 18 years old. Through her attorney, Canning is requesting financial support and an order for her parents to pay her college tuition. Canning's parents dispute her allegations that she was forced out of their home and argue that Canning left home voluntarily. Apparently a dispute arose between Canning and her parents regarding the rules she should be required to follow while living at home. Essentially Canning is refusing to live at home with her parents who welcome her home but asking for her parents to pay for alternative living arrangements.

Canning is currently living with her best friend's family. Further, Canning's best friend's father is funding her lawsuit against her parents by paying for her attorney fees. The New Jersey judge assigned to the case held that Canning did not have the legal right to request support from her parents and denied her motion. Generally, in California, the custodial parent petition's the family court to request child support from the other parent. The recent New Jersey case is so controversial because an adult child is suing her parents for financial support in complete contrast to the traditional paradigm.

college-tuition.jpgIn California child support cases, many parents ask if they have a legal obligation to support their child financially after the child reaches the age of 18. Pursuant to the California Family Code, unless there is an agreement by the parties or an incapacitated adult child meeting various requirements, a parent's statutory duty to provide child support ends upon the child's marriage, death, emancipation, at age 19, or at age 18 and is not attending high school full time - whichever occurs first. This means that in some cases, a parent is obligated to support a child after that child reaches the age of majority (18) as long as the child is still a full-time high school student. The reason for this particular provision is that some children start school later than others or are held back a grade. In those cases, the child will graduate high school at age 19 rather than age 18.

It is important to note that there are a variety of cases and statues which specifically deal with the support of an adult child who suffers from an incapacitating disability. These are fact driven cases and should be handled by a Certified Family Law Specialist.

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I'm a Woman, I Won't Pay Child Support, Right?!

May 6, 2014

"Real Housewives of Beverly Hills" star, Brandi Glanville, shared with the world on twitter that her ex, Eddie Cibrian, who is now married to singer LeAnn Rimes, is allegedly asking her to pay child support for their two kids. But could this even be a possibility? Word on the street is that men are the only ones on the hook for child support after a divorce. Well, try again. Being a woman isn't the "easy card" out of paying child support.

women-child-support.jpgCalifornia divorce attorneys are actually seeing an increase in the number of women who are required to pay child support to their ex-husband. This growth represents an apparent reversal of traditional divorce roles and may seem shocking to some people. However, in the last few decades there has been a shift in society where we are seeing more women working, landing high-paying jobs and achieving great success in their careers. Consequently, more women are being labeled as the primary breadwinner in their marriages rather than their male counterpart. More fathers, on the other hand, are acting as the primary caretakers of the children. As a result, more women are financially exposed to be on the hook for child support if the marriage results in a divorce. Child support orders are reflecting these changes by showing an increase in women being ordered to pay child support.

So what exactly is child support? Child support is money that a court orders a parent to pay each month, which is intended to help cover the child's living expenses, including food, clothing, medical care, education, etc. In California, every parent has a duty to financially support his or her child. If the parents cannot agree on a child support amount, the court will make a child support order. In California, the court typically bases its decision on an established guideline calculation. In fact, Family Code Section 4052 provides that the court may only depart from the statewide uniform guideline under special circumstances.

women-owe-child-support.jpgCalifornia family courts consider two main factors when calculating child support: 1) the percentage of time the child spends with each parent (i.e. the "timeshare") and 2) each parent's income. However, there are many other factors that might impact the child support calculation. These include the number of children the parents have together, the tax filing status of each parent, health insurance expenses, mandatory retirement contributions or union dues, support of children from other relationships, and other costs. Consideration of all of these factors is not one-sided, in that they aren't only considered in favor of the mother. Rather, if the father is the custodial parent and the mother is the breadwinner, it is quite likely that the mother will be required to pay the father child support for the children.

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Friends with Parental Benefits

May 5, 2014

parents-kid.gifOver the last few years many states have expanded the traditional idea of "family" by granting parental rights to parties under a variety of new circumstances. Now, non-married couples, same-sex couples, and even single parties can adopt children throughout the United States. Recently, a New York judge expanded the notion of family even further by holding that two friends (never involved in a romantic relationship) of different sexual orientation could adopt a child together. The new mother and father of an Ethiopian child do not even live together. Originally the mother wanted to have a child and the father offered to be a sperm donor. After the friends were unable to conceive, they decided to adopt a child together instead.

parents-adoption.jpgThe court's decision to allow friends with no commitment to each other to adopt together has raised significant controversy. Among the opponents of the judge's decision is Peter Sprigg, a senior fellow for policy studies at the Family Research Council. He asserts the position that the judge's ruling puts the parent's needs over and above the needs of the child. This position is based on Sprigg's belief that the purpose of adoption is "to provide homes for children that resemble as closely as possible the natural family" and that "we would do better to stick with the rule of nature that children do best with a mother and a father who are married to one another". Sprigg cites the level of commitment between married parents as a source of stability for a child and contends that that lifelong pledge will bind the parents together in such a way that cannot be replicated by friends.

Considering the reality that divorce is not a myth and is in fact quite common in the United States today, Sprigg's position merits little credibility. Marriage is a lifelong commitment; however, for a variety of reasons, marriages end. Further, divorce can be one of the most traumatizing experiences a child goes through. If the parents are never married, the child will not experience a divorce. The New York Judge reasoned that the parents "have created a nurturing family environment...including a well-thought-out, discussed and fluid method of sharing parental responsibilities between their homes." Regardless of their marital status, the Judge believed these two to be competent parents.

With so many parentless children worldwide, it is questionable why any parental arrangement is detrimental to the best interests of the child as long as the proposed parents do not pose a danger to the child's emotional and physical wellbeing.

Continue reading "Friends with Parental Benefits" »