Marin County Family Law Blog
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…
Tax Reform: How it will Impact Spousal Support/Alimony Payments
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 deduct the amount of alimony paid from his…
When Your Spouse Stops Contributing to House Expenses
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 the family home. That is because, under California…
3 Crucial Questions About The Family Home In Divorce
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 which will be split equally unless either party…