Articles Posted in Divorce

competency-issues-divorce

The competency of a party can have profound effects in family law in California. We will explore that a little in this post.

First of all, whether or not a party is competent can be relevant as to the validity of the marriage contract itself. Pursuant to Family Code section 2210(c), a marriage is voidable if either party to the contract is of unsound mind. In other words, if they are not competent to enter the marital contract, the marriage can later be annulled. Continue reading

taxes-divorce

Taxes are already complicated enough. Unfortunately, divorce makes it more complicated. Here are three rules of thumb every divorcee should try to remember:

1. Claim community income before the date of separation: In California, all property acquired during the marriage is presumed to be community property, including any property acquired derived from labor. This presumption ends at the date of separation. Any property acquired after the date of separation is presumed to be the separate property of the acquiring spouse.

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division-community-assets

An interesting decision out of an Australian Federal Circuit Court this month caught our eye when a judge ruled that a man was entitled to only 1/3 of the marital estate because he had been diagnosed with terminal cancer and was estimated to live for only one more year. In this case, after a 30-year marriage, the parties had accumulated approximately $1.5 million in assets that had to be divided in their divorce.

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traveling-abroad-family-divorce

With summer right around the corner questions about summer vacations should begin coming soon.  Inevitably one of the questions will be about the children traveling abroad.  Whether you are the parent who wants to take the children abroad or you are a parent concerned about the children traveling abroad, this blog should help to explain what issues you will face, what concerns are valid and how to go about getting an order allowing or preventing travel abroad with the children.

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photographs-memories-divorce

Famous clothing designer, Karl Lagerfeld once said of photographs, “What I like about photographs is that they capture a moment that’s gone forever, impossible to reproduce.” Mr. Lagerfeld captured in that simple quote what it is we humans love so much about photographs; capturing moments.  Until scientists are able to recreate a time machine, photographs and home videos are the only way we can go back in time to relive moments.

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Hidden-Assets

We’ve been hearing a lot about the “Panama Papers” lately; the leak of millions of documents out of the Panamanian law firm Mossack Fonseca disgorging details of the firm’s wealthy clients hiding money via shell companies in various tax havens. Among those allegedly involved are world leaders, athletes, celebrities and businessmen.

As divorce attorneys, it is not uncommon that our clients are convinced that their spouse is hiding money. Continue reading

social-security-child-support

When I talk to clients about what constitutes income available to pay for child support I ask them to imagine an umbrella…a very BIG umbrella. Everything underneath that umbrella is income available to pay child support.  In California, this has been codified in Family Code Section 4058, which states;

“The annual gross income of each parent means income from whatever source derived…and includes, but is not limited to, the following:

Income such as commissions, salaries, royalties, wages, bonuses, rents, dividends, pensions, interest, trust income, annuities, workers’ compensation benefits, unemployment insurance benefits, disability insurance benefits, social security benefits, and spousal support actually received from a person not a party to the proceeding to establish a child support order under this article.”

I emphasized “social security benefits” because that is the theme of this blog.  Continue reading

custody-orders

There are some orders that we feel are underutilized by Judges in Custody cases. One of the reasons we list them here is because the judges in this county tend to not have egos: if you ask them to adjust an order they just made and they like the suggestion, they won’t have any qualms about doing so. So if a judge in your case doesn’t make an order listed here, feel free to tell them why they should!

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Time for Taxes

We are divorce attorneys, not tax experts, but marriage and finances are so intertwined that inevitably divorce and taxes do intersect. Each year as the IRS tax return filing deadline approaches, we are increasingly confronted by our clients with tax preparation questions. For specific tax inquiries, we advise that you consult a tax professional. However, we felt it may be useful to share a brief (non-exhaustive) list of some common points Continue reading

lender-intent

The lender intent rule in California family law is, at once, one of the most consequential and one of the most unfathomable rules.

The general idea is this: if a loan is incurred during the marriage, that loan, and any proceeds acquired with said loan, will presumed to be a community obligation/property. The burden then falls on the party seeking to show that the loan is separate to produce evidence to that effect. What exactly is that burden? Well, therein lies the rub.

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