Family Law Blog

The blog posts and information contained in this portion of the Rachel Castrejon Family Law and Mediation website are intended to provide information about some of the common issues that arise in a divorce, child custody, or other family law matter. The information provided here should not be construed as legal advice for your specific case as each case is unique. Family law matters can be complicated and seeking advice from a qualified family law attorney about your specific case is recommended.

Family Law Blog

Am I Entitled to My Spouse’s Stock Options?

by Rachel Castrejon on Jun 4th, 2019

Stock options are a form of compensation issued to employees that allows the employee to buy stock in the company at a set price regardless of the value of the stock. Normally, the option price is lower than the actual value of the stock allowing the employee to receive an economic benefit from the exercise […]

Renewing a Domestic Violence Restraining Order

by Rachel Castrejon on May 23rd, 2019

When renewing a restraining order, it’s best to be informed about the process in advance. The Court has the power to renew a restraining order upon the request of the protected party. The protected party must file a request to renew the domestic violence restraining order within the three months prior to the expiration of […]

How to Obtain Your Spouse’s Financial Information

by Rachel Castrejon on May 16th, 2019

It is critical to understand your financial picture when you are going through a divorce. Often, your spouse holds important information about your finances that you do not have access to. There are several mechanisms through which you can obtain your spouse’s financial information, all of which fall under the general process called “discovery.” Financial […]

Innocent Spouse Relief in Tax Law

by Rachel Castrejon on May 11th, 2019

Generally, both spouses are responsible for paying any tax, interest, or penalties from their joint tax return. If you are going through a divorce and believe your current or soon to be former spouse should be solely responsible for an error or an underpayment of tax from your joint return, you may be eligible for […]

Obtaining and Renewing a Domestic Violence Restraining Order

by Rachel Castrejon on May 1st, 2019

Obtaining a Domestic Violence Restraining Order To obtain a domestic violence restraining order, the abused party must show that it was more likely than not that he or she suffered abuse by the other party. Requests for Domestic Violence Restraining Orders are usually made to the judge of the Superior Court in the County in […]

Can I Still Deduct Alimony/Spousal Support?

by Rachel Castrejon on Apr 24th, 2019

The most profound effect the new Tax Cuts and Jobs Act (TCJA) has had on divorce planning is with regard to taxation of alimony payments. Before TCJA, payments that could be defined under tax-law as alimony would be considered deductible by the payor for federal income tax purposes, while the recipients of alimony would have […]

Confused about Divorce Options?

by Rachel Castrejon on Sep 28th, 2018

Are you or your spouse thinking about divorce, but have no idea how to go about it? Here are some divorce options. 1. Mediation You and your spouse can work with a mediator to help you reach an agreement on any issues in the case (i.e. child custody, child support, spousal support, property division, etc.). […]

The Primary Factors in Child Support

by Rachel Castrejon on Sep 28th, 2018

How is Child Support Calculated? In California, there is a mandatory statutory guideline formula for calculating support. (Family Code section 4050 et seq.) The following is a list of the primary factors that the court will use in determining child support. Other factors can influence child support and it is best to consult with an […]

Is My Adult Disabled Child Entitled to Receive Support?

by Rachel Castrejon on Sep 24th, 2018

In California, a parent has a right to receive child support for an adult disabled child. Family Code section 3910 provides: “The father and mother have an equal responsibility to maintain, to the extent of their ability, a child of whatever age who is incapacitated from earning a living and without sufficient means. Specific cases […]

Community Property with Right of Survivorship – Avoid Tax and Probate Fees

by Rachel Castrejon on Sep 18th, 2018

There are several ways to hold title jointly, such as tenancy in common, joint tenancy, community property or community property with right of survivorship.  There are advantages and disadvantages to each. Community Property with Right of Survivorship Holding title as community property with right of survivorship combines the benefits of joint tenancy and community property […]