Marin County Family Law Blog
Always Read (and Understand) Your Prenuptial Agreement Before You Sign!
The California Court of Appeal for the First District (Division 5) recently confirmed that a party neglects a legal duty by failing to make a reasonable inquiry or effort to understand the meaning and content of the contract. In Estate of Eskra (2022) 78 Cal.App.5th...
Am I Entitled to My Spouse’s Stock Options?
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 receive...
Renewing a Domestic Violence Restraining Order
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...
How to Obtain Your Spouse’s Financial Information
It is critical to understand your financial picture when you are going through 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...
Innocent Spouse Relief in Tax Law
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...
Obtaining and Renewing a Domestic Violence Restraining Order
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...
Can I Still Deduct Alimony/Spousal Support?
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...
Confused about Divorce Options?
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,...
The Primary Factors in Child Support
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 are...
Is My Adult Disabled Child Entitled to Receive Support?
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...
