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LONICH PATTON EHRLICH POLICASTRI
1871 The Alameda, Suite 400, San Jose, CA 95126
Phone: (408) 553-0801 | Fax: (408) 553-0807 | Email: contact@lpeplaw.com
LONICH PATTON EHRLICH POLICASTRI
Phone: (408) 553-0801
Fax: (408) 553-0807
Email: contact@lpeplaw.com
1871 The Alameda, Suite 400
San Jose, CA 95126
Located in San Jose, Lonich Patton Ehrlich Policastri handles matters for clients in northern California, specifically San Jose and Silicon Valley. Our services are available to anyone within the following counties: Santa Clara, San Mateo, Contra Costa, Santa Cruz, Monterey, San Benito, and San Francisco. For a full listing of areas where we practice, please click here.
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Estate Planning for Couples Without Kids: Structuring Your Legacy with Purpose
/in Estate Planning /by Virginia LivelyMany couples assume that estate planning is primarily for parents with children. In reality, though, estate planning is an important tool for everyone. Without an estate plan in place, the courts may decide how your estate is distributed. The result may not reflect your personal wishes.
According to a recent Gallup poll, 14 percent of Americans over 45 do not have children. Remaining childless often creates unique flexibility for couples who want to establish a long-lasting legacy. However, lack of children also means there may be no obvious heirs or decision-makers.
An estate plan for child-free couples helps answer important questions such as:
Instead of relying on default legal rules, you can intentionally design your legacy.
Who Should Inherit Your Estate?
One of the biggest decisions child-free couples face is selecting beneficiaries. Common choices include:
How Should You Plan for Incapacity?
Effective estate planning covers more than just the distribution of your estate after death. It also allows you to plan for future incapacity. If either partner becomes unable to make decisions due to illness or injury, legal documents allow trusted individuals to act on their behalf.
A power of attorney for property authorizes someone to:
A power of attorney for personal care enables someone to make decisions regarding:
Many couples appoint each other first but also name several alternate decision-makers.
Should Child-Free Couples Consider a Trust?
Trusts can be useful tools that provide flexibility for many couples. Depending on your goals, a trust may help:
Not every estate requires a trust, but they can be valuable in more complex situations.
Why It’s Important to Work with Estate Planning Experts
At Lonich Patton Ehrlich Policastri (LPEP Law), we find that many people think estate planning is just about making a will and distributing assets. With the right guidance, though, your estate plan is an opportunity to express what matters most. Consider provisions supporting:
Legacy planning extends beyond financial assets. Working with an experienced estate planning lawyer ensures you can support loved ones, care for pets, make a lasting charitable impact, and more. If you’re ready to secure your future and your legacy, schedule a free consultation with the Estate Planning Group at LPEP today.
FAQs
Q: Do child-free couples still need a will?
A: Yes. A will ensures your assets are distributed according to your wishes rather than through the court system.
Q: Can we leave everything to each other?
A: Often, yes. However, your estate plan should also address what happens after the surviving partner dies and include alternate beneficiaries.
Q: Can we appoint someone besides family as executor?
A: Yes. Executors can be trusted friends, professionals, or trust companies if they are capable of managing the responsibilities of administering your estate.
Q: Can we leave money to charity?
A: Absolutely! Many couples leave charitable gifts through their wills, trusts, or beneficiary designations. Depending on your circumstances, these gifts may also provide tax benefits to your estate.
Q: What happens if we die at the same time?
A: A properly drafted estate plan includes contingency provisions that specify alternate beneficiaries and executors if both partners die simultaneously or within a short period of one another.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
How Child Support Is Adapting to the Gig Economy
/in Family Law /by Virginia LivelyFamily law courts are adapting to the gig economy by developing new approaches to verifying income, calculating child support, and enforcing payments. Most child support systems were designed around predictable paychecks. Previously, courts could easily verify income and calculate monthly support based on W-2s, and enforce payment through payroll deductions.
Gig work complicates the process. Because there is no traditional employer, judges have to verify income using financial tracing, other documentation, and alternative proof of income. The variable income of gig work also makes calculating child support more difficult. Courts now look at the average income over a longer period. Finally, since courts can’t rely on wage garnishment, they are exploring new enforcement mechanisms like changing reporting requirements for gig platforms.
How Courts Verify Income for Gig Workers
Courts now require more documentation to verify income, including multiple 1099s, bank statements, digital payment histories, and business expense logs. If income is difficult to verify, or if the court suspects hidden income, they will sometimes also pursue alternative proof of income. For instance, they might examine loan applications where a parent would be more likely to report actual earnings to try to secure a loan.
How Courts Calculate Child Support for Gig Workers
Instead of relying on a single paycheck, courts now need to review income over longer periods. Judges use tax returns, bank statements, 1099 forms, profit-and-loss statements, and payment platform records to average earnings across 12 to 24 months. This average creates a more stable estimate of monthly income.
One of the biggest concerns in gig economy cases is underreporting income. Typically, courts focus on net income rather than total revenue. However, gig workers often have legitimate business expenses like gas and vehicle maintenance, home office expenses, etc. Judges may closely review these deductions to make sure they are not artificially reducing income.
If a court believes a parent is intentionally earning less or hiding income, a judge may “impute income.” The judge assigns an income level based on work history, prior earnings, education and skills, and lifestyle evidence. The court will then use this imputed income to calculate child support payments.
How Courts Enforce Child Support Payments for Gig Workers
Traditional child support enforcement relies heavily on wage garnishment through employers. In fact, 75 percent of collections come from income withholding. Gig workers often do not have a single employer, making enforcement more complicated.
To adapt, courts are expanding enforcement methods to include things like:
Some states are also exploring partnerships with gig platforms to improve income reporting and payment collection. Federal law only requires employers to report W-2 employees to the State Directories of New Hires. Some states, like California and Texas, have enacted legislation that requires gig economy platforms and companies to report independent contractors as well.
What We Often See in Practice
At Lonich Patton Ehrlich Policastri, we find that many parents assume that child support obligations automatically change when income drops. Unfortunately, that is not the case, and unpaid balances continue accumulating unless the order changes. Parents need to file a formal request with the court promptly if their income changes due to medical emergencies, economic downturn, losing access to a gig platform, experiencing seasonal slowdowns, etc. We encourage clients working in the gig economy to stay as organized as possible, document their earnings carefully, and request modifications to child support promptly to avoid disputes and maintain compliance. If you need help with child support issues, you can schedule a free consultation with our family law attorneys.
Frequently Asked Questions
Q: Can child support be taken directly from gig app earnings?
Q: Can child support payments be lowered if gig income drops?
Q: What happens if a gig worker falls behind on child support?
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
The Rise of Cohabitation: Legal Reforms for Unmarried Couples
/in Family Law /by Gretchen BogerMore couples today are choosing to live together without getting married. For some, it’s a step before marriage. For others, it’s a long-term arrangement that better fits their lifestyle and financial goals. While cohabitation has become increasingly common, many unmarried couples are surprised to learn how limited their legal protections can be compared to married spouses.
As family dynamics continue to evolve, legal systems are slowly adapting to address the realities facing unmarried couples, especially when it comes to property, finances, and children.
Cohabitation Is More Common Than Ever
In the past, marriage was often viewed as the default path for couples building a life together. Today, many couples choose cohabitation for personal, financial, or cultural reasons. In high-cost areas like the Bay Area, couples may share homes, finances, and even children for years without legally marrying.
The challenge is that living together does not automatically create the same legal rights that come with marriage.
Many people assume that long-term cohabitation creates “common law marriage” protections, but California does not recognize common law marriage established within the state. That means unmarried couples may not have automatic rights related to property division, financial support, or inheritance if the relationship ends.
Why Legal Planning Matters for Unmarried Couples
When unmarried couples separate, disagreements can quickly arise over shared assets and financial responsibilities. Questions often include:
Without clear legal agreements in place, resolving these disputes can become stressful and expensive.
This is why more couples are turning to cohabitation agreements. These agreements function similarly to prenuptial agreements by outlining how finances, property, and responsibilities will be handled during the relationship and in the event of a breakup.
Legal Reforms Are Slowly Expanding Protections
Across the country, lawmakers and courts have started recognizing that unmarried couples often face many of the same financial and parenting issues as married couples. While legal reforms vary by state, several trends are emerging:
Greater Recognition of Shared Property Interests
Courts are increasingly willing to examine financial contributions made by both partners, especially when one person contributed to mortgage payments, renovations, or shared investments.
Expanded Parenting Protections
For unmarried couples with children, courts continue to focus on the best interests of the child, regardless of the parents’ marital status. Custody and support rights generally apply equally to both parents.
Increased Use of Cohabitation Agreements
More couples are proactively creating legally enforceable agreements to avoid uncertainty and conflict later.
Common Issues Unmarried Couples Overlook
Many unmarried couples delay legal planning because they assume they will “figure it out later.” Unfortunately, that can create serious complications down the road. Some commonly overlooked issues include:
Estate Planning
Without a will or trust, unmarried partners may not automatically inherit assets or have decision-making authority during medical emergencies.
Real Estate Ownership
If both names are not properly documented on property records, disputes can arise over ownership rights.
Financial Accounts and Debt
Shared bank accounts, loans, and credit obligations can become difficult to untangle after a separation.
Protecting Yourself and Your Future
Cohabitation can offer flexibility and independence, but it also requires thoughtful legal planning. Having clear agreements and updated legal documents can help couples avoid unnecessary disputes and protect their financial future.
At LPEP Law, we help Bay Area clients navigate modern family law issues, including cohabitation agreements, property disputes, and long-term planning for unmarried couples. Our team works to provide practical guidance tailored to your unique situation.
If you are living with a partner and want to better understand your legal rights and options, contact our office today to schedule a free consultation and plan for the future with confidence.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
The Intersection of Family Law and Real Estate: What You Need to Know
/in Family Law /by Mitchell EhrlichWhen people think about family law, they often picture divorce, custody arrangements, or support agreements. But one of the biggest issues families face during a major life change is real estate. Whether it’s a family home, rental property, vacation house, or investment portfolio, real estate can quickly become one of the most valuable, and emotionally charged, parts of a family law matter.
The Family Home Is More Than Just Property
For many couples, the family home represents years of financial investment and personal memories. During a divorce or separation, deciding what happens to that property is rarely simple.
Questions often arise, such as:
If one person purchased the property prior to marriage, the situation may become more complicated if marital income was used to pay the mortgage, make renovations, or maintain the home over time.
Property Division Can Get Complicated Quickly
Real estate issues become even more complex when multiple properties are involved. Some couples own rental homes, vacation properties, or investment real estate in addition to their primary residence.
In California, property acquired during the marriage is generally considered community property. However, there are exceptions, especially when inheritances, premarital assets, or separate financial contributions come into play.
This is why documentation matters. Mortgage records, title documents, bank statements, and renovation expenses can all become important when determining how property should be divided.
Timing Matters in Real Estate Decisions
The housing market can significantly impact family law decisions. Selling a property during a strong market may maximize profits, while waiting too long could create financial strain for both parties.
In some situations, one spouse may want to keep the home temporarily so children can remain in the same school district or maintain stability during the transition. In others, selling the property immediately may be the most practical option.
Every family’s situation is different, which is why it’s important to evaluate both the emotional and financial side of the decision.
Hidden Real Estate Issues to Watch For
Real estate matters in family law cases are not always limited to who keeps the house. Other issues can include:
Fair Rental Value
In many cases, one spouse may decide to move out. This can create a claim for the fair rental value against the spouse who remains in the home.
Mortgage/Carrying Costs
Even if one spouse moves out, both parties may still be legally responsible for the mortgage if both names remain on the loan. The spouse paying for the mortgage and other related carrying costs may have a claim for reimbursement.
Property Value Disputes
Couples may disagree on how much a property is worth, especially in competitive real estate markets like the Bay Area.
Tax Consequences
Selling or transferring property can trigger tax implications that should be considered before finalizing any agreement.
Investment Properties
Rental income, property management responsibilities, and third party interests may all factor into negotiations.
Why Professional Guidance Matters
Family law and real estate each involve major financial decisions on their own. When they overlap, the stakes become even higher. Having experienced legal guidance can help you protect your financial future while working toward practical, long-term solutions.
At LPEP Law, our team helps Bay Area families navigate complex family law matters involving homes, investment properties, and other real estate assets. We focus on clear communication, thoughtful strategy, and solutions tailored to your unique circumstances.
If you are facing a divorce, separation, or property dispute involving real estate, the team at LPEP Law can help you understand your options and move forward with confidence. Contact our office today to schedule a free consultation.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.
Mental Health Considerations in Family Law Cases
/in Family Law /by Gina PolicastriMental health issues can play a significant role in family law cases, especially divorce, child custody, and protective orders. Although mental health considerations do not automatically determine the outcome of a case, courts must evaluate the best interests of children, parental capacity, decision-making, and family dynamics.
Family law cases are deeply personal. When mental health considerations are also involved, cases become more legally and emotionally complex. Judges are not always able to adequately evaluate a party’s psychological condition. Sometimes this inability is due to limited evidence, refusal to participate in an evaluation, or conflicting expert opinions. The judge might order a formal evaluation, ask for other evidence, or issue temporary orders to protect family members.
Mental Health and Child Custody Decisions
One of the most common ways mental health becomes relevant in family law is during child custody disputes. Generally, family courts are guided by one overarching principle: the best interests of the child.
To determine custody, parenting time, and visitation, courts need to think about whether a parent’s mental health will negatively impact the child. Specifically, can the parent provide a safe and stable home environment? Are they able to meet the child’s emotional and physical needs? Will they communicate and cooperate with the other parent? What is their ability to exercise sound judgment in parenting decisions?
A mental health diagnosis alone is rarely enough to influence custody outcomes. Courts typically focus on how their specific psychological condition issue impacts parenting. Many individuals with anxiety, depression, PTSD, or other psychological condition conditions parent effectively and responsibly.
In some cases, concerns about a parent’s mental health may lead the court to order a psychological or custody evaluation. Licensed mental health professionals will assess parenting capacity, family dynamics, emotional functioning, and any concerns about child safety or welfare.
Mental Health and Domestic Violence Cases
Between 23-25 percent of divorces in the United States cite domestic violence as a factor. Cases may involve a request for a protective order, divorce allegations involving abuse, or custody litigation. Courts need to evaluate how trauma affects both the evidence and the parties involved.
For victims of domestic violence, trauma, anxiety, depression, and post-traumatic stress can affect how they respond during litigation, communication with counsel, and testifying in court. They may appear withdrawn or have difficulty remembering events. Their behavior may seem inconsistent with the traumatic events they are claiming. Abusers may attempt to use the victim’s psychological condition history against them. For instance, claiming that the victim is unfit to parent because of their anxiety or depression.
Trauma-informed legal representation can be especially important. A trauma-informed approach recognizes that emotional responses like fear, avoidance, or difficulty recalling events, may be normal responses to trauma rather than indicators of unreliability.
Protecting Privacy and Sensitive Medical Information
Mental health records are highly personal, and many clients understandably worry about privacy during litigation. Courts may allow certain mental health information to be discussed in court, but only when directly relevant.
Working with an experienced attorney is essential. They can help balance protecting sensitive information and addressing legitimate legal issues. Depending on the circumstances, attorneys may seek to:
The Importance of Documentation and Treatment
At LPEP, we often find our clients are hesitant to seek treatment for mental health issues before or during a family law case. They’re afraid it will reflect negatively on them and harm their case. However, courts often view proactive treatment positively. Seeking treatment is not a weakness. It demonstrates commitment to your well-being and to your family.
If you do seek mental health treatment, documentation can be very important for your case. Try to maintain evidence such as:
Family law cases involving psychological condition require more than legal knowledge. The Family Law Group at LPEP prioritizes sensitivity, discretion, and strategic planning. If you are facing divorce or custody issues where psychological condition issues are involved, schedule a free consultation to discuss your case.
FAQs
Q: Can a parent lose custody because of depression or anxiety?
A: Not necessarily. Many parents successfully manage these mental health conditions and maintain full parental rights. Any legal issues would usually arise if the condition negatively impacts parenting or presents child safety concerns.
Q: What if the other parent falsely claims I have mental health issues?
A: False or exaggerated allegations can sometimes occur in contentious family law cases. Courts typically require evidence rather than speculation or hearsay. Medical records, testimony, and psychological evaluations help separate legitimate concerns from unsupported claims.
Q: How do mental health issues affect divorce proceedings outside of custody?
A: Judges will also consider mental health issues in settlement negotiations, where decision-making capacity is important; in requests for temporary support; in allegations of coercion or abuse; and in enforcement or modification of court orders.
Disclaimer: this article does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter.