Marin County Family Law Blog
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 from your joint return,…
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 made to the judge of the Superior…
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 income tax purposes, while the…
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 other factors that can influence child support…
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 from earning a living and…
Community Property with Right of Survivorship – Avoid Tax and Probate Fees
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…
How to Support Your Special Needs Child Through a Divorce
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 consider how best to support continuity and stability…
5 Ways to Protect Your Divorce Property Equalizing Payment
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 equal assets. Property division pursuant to a divorce…