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

Can I Still Deduct Alimony/Spousal Support?

by Rachel Castrejon on Apr 19th, 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… Read More

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… Read More

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. There… Read More

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… Read More

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… Read More

How to Support Your Special Needs Child Through a Divorce

by Rachel Castrejon on Mar 27th, 2018

Whether a child is severely disabled or has moderate learning disabilities such as dyslexia, dysgraphia or auditory processing issues, their ability to thrive depends on continuity and stability.  Thus, parents who are going through a divorce with a special needs child should… Read More

5 Ways to Protect Your Divorce Property Equalizing Payment

by Rachel Castrejon on Mar 20th, 2018

Frequently, divorcing couples agree to divide property pursuant to a settlement agreement. Often, one of the parties is obligated to pay the other party an “equalizing payment.” The equalizing payment is the means by which both parties leave the marriage with substantially… Read More

Tax Reform: How it will Impact Spousal Support/Alimony Payments

by Rachel Castrejon on Nov 18th, 2017

If passed, the new tax reform bill introduced by Republicans will have a profound impact on couples getting divorced because the right to deduct alimony (spousal support) payments will be eliminated. Under current law, the spouse who pays alimony is allowed to… Read More

When Your Spouse Stops Contributing to House Expenses

by Rachel Castrejon on Nov 6th, 2017

Often, couples who are newly separated do not understand their obligations and rights regarding payment of the “family home” expenses. The law regarding payment of “joint expenses” post-separation is not intuitive and can feel unfair to the person who is left in… Read More

3 Crucial Questions About The Family Home In Divorce

by Rachel Castrejon on Oct 30th, 2017

There are three important questions to ask when determining what rights you have regarding the family home. 1. When was the home purchased? If the home was purchased during the marriage and before the date of separation, it is presumptively community property… Read More