For those who are unable to resolve the issues in their divorce outside of court, the discovery process is often important in a litigated divorce. Discovery enables spouses to request financial and other information from each other and requires them to turn that information over unless they have a good…
Marriage of Burmester highlights the disastrous consequences that can result from poorly worded or structured child support agreements and orders. Shortly before Husband and Wife divorced in 1999, they entered into a marital settlement agreement / court order resolving support, property division, and other issues related to the dissolution. Husband…
Divorce can result in several tax issues, including which parent will claim the child-related tax breaks. Sometimes, but not always, it is the parent that claims the child as a dependent. Dependency Exemption For tax purposes, the parent who has custody for the greater part of the year, ie more…
California law operates under a set of guidelines in child support cases that is used to calculate a parent’s support obligations based primarily on each parent’s income and time with the child. The overall aim of the guidelines is to set the support at an amount that attempts to equalize the…
Gwyneth Paltrow’s announcement on her website Goop last year that she and husband Chris Martin were divorcing presented the views of Dr. Habib Sadeghi & Dr. Sherry Sami, apparently experts on what it means to divorce. Sadeghi and Sami use evolutionary biology and the structure of the human skeleton (“Life…
California courts typically look at both the kid’s needs and the parents’ ability to pay when considering child support after a divorce. The second factor often centers on the former spouses’ incomes, but sometimes that figure doesn’t tell the whole story. The Second District Court of Appeals recently considered a…
Child Support Woes of the 1% There aren’t many whose earnings can make those of the Buffets, Kochs, Adelsons, Waltons and the like look paltry. But according to filings in his divorce case, billionaire hedge fund manager Ken Griffin may be one of them. Griffin’s ex-wife, Anne Dias, said his…
Child support payments are intended to help cover kids’ basic costs, including money for food, clothing, and shelter. Sometimes, other costs come up. As California’s Fourth District Court of Appeals recently explained, any healthcare-related costs that arise along the way are usually considered additional child support costs to be split…
Many divorcing couples who wish to resolve the issues in their divorce with their personal and economic dignity intact, preserve or create a positive co-parenting relationship for the benefit of their children, save money and preserve assets, or for a host of other good reasons, choose mediation or Collaborative Divorce…
Child custody and support are often common issues in California divorce proceedings, both for children born during the marriage, as well as those born prior to one or both spouses prior to their marriage. In In re Marriage of Abbate, the Fourth District Court of Appeals explains the circumstances where…