There are important decisions during a Carlsbad divorce and one of the most important is to stop taking the advice of your former spouse. A recent case serves as a good example: Q: My husband has been mean to me, saying nasty things in the presence of the children. I know that is damaging to the children so I finally…
Spousal Support
How will Spousal Support Change Under the New Tax Law
The tax recent tax reform signed into law late last year produced significant changes which will impact many divorce cases in Carlsbad. The new law changed the nature of income and how deductions and tax credits will be handled in a divorce case, especially as it relates to spousal support. Most Carlsbad parents will be able to deduct $2,000 in…
Proposed Tax Reform will Impact Divorce in Carlsbad
How will the proposed tax reform impact divorce in Carlsbad? Spousal support, referred to as “alimony” by the IRS is presently deductible for the payor and taxible for the recipient. Child support is presently neither deductible for the payor nor taxible for the recipient. The tax impact of child support and spousal support is a significant consideration in the majority…
What is the Gavron Warning and Does it Apply in North County San Diego
What is the “Gavron Warning” and does it apply to a divorce in Carlsbad and North County San Diego? The Gavron Warning is part of a spousal support order. The Gavron warning provides notice to a person receiving spousal support the Court expects them to become self-supporting instead of relying upon continuance of the spousal support orders. The recipient must…
New California Law Regarding Date of Separation Impacting Divorces
A new law passed last year by the California legislature regarding the date of separation in a California divorce took effect January 1. It has already had impact here in Carlsbad and around the state. The date of separation is an important component that is used in many facets of a North County or Carlsbad divorce, including: The division of…
What is Palimony – Why is It Important to Couples Who Live Together?
“Palimony” is a term that was made famous in a case involving the Actor Lee Marvin (The Dirty Dozen and many other films). Mr. Marvin lived with Michele Triola for several years. When they finally separated Ms. Triola sued Marvin alleging he owed her “Palimony” (a play on the word alimony, now known as spousal support). Ms. Triola asserted that…
Is Family Support an Option in Your Carlsbad Divorce?
What is “family support” and how can this help to actually allow both parties to keep more money each month after a divorce? In many Carlsbad divorce cases, the final decree includes orders for child support and spousal support. One must consider the effect of taxation upon these payments. Child support is not deductable for the person who pays it,…
California Divorce Rate Highest in the Nation
A recent article in a local newspaper noted that southern California has the highest divorce rate in the nation with more than 30 divorces filed on average every day of the year. Many myths surround the cost of a divorce, including the myth that attorneys drive these costs substantially higher. This is simply untrue. The greatest source of “cost” in…
What is “Family Support” and is this Legal in California?
The term “Family Support” is a strategy supported in California based upon IRS tax code. Family Support generally applies to the combination of child support and spousal support payments in a North County San Diego divorce settlement. Under IRS tax code, child support is not taxable to the recipient, nor can it be deducted by the person paying child support.…
California man submits initiative to end alimony
An Orange County man is attempting to put an end to alimony. Currently, signatures are being gathered for the initiative that is intended to stop alimony (also known as spousal support). Secretary of State Alex Padilla granted permission to supporters of the initiative to begin the process of gathering signatures. This group will need to gather 365,880 signatures from registered…