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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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Steer Clear of Potential Spousal Support Tax Pitfalls
/in Family Law /by Mitchell EhrlichGenerally speaking, spousal support is taxable to the recipient and is deductible by the payor. For example, if you are paying spousal support to your ex-wife the money she receives would be taxable to her as income. Likewise, generally you would be able to deduct it on your tax return. However, you may not be aware that there are several exceptions to this rule. In fact, it is necessary that you closely observe the spousal support formalities in order to take advantage of deducting payments to your ex-spouse.
In order for spousal support payments to be deductible, they must be made in cash. However, in this context, “cash” is not only currency. It can also include check or money orders payable on demand. The payment itself must be received on or on behalf of the supported spouse, and the spouse must be entitled to this payment under a divorce or separation instrument. As an illustration, if you and your ex-spouse privately decide you will pay her a certain amount per month, you cannot deduct this amount from your taxes as the payment was not made pursuant to a divorce/separation instrument. On the other hand, if your Marital Settlement Agreement states that you must pay your ex-wife, you can likely deduct the payments on your taxes.
In addition, the payment obligation must be limited by the recipient spouse’s death. For example, assuming that your settlement agreement requires you to make payments beyond your ex-spouse’s death, none of these payments are deductible support.
These are just some of the several requirements for deductible spousal support. For more information about making sure you are following the proper tax rules in relation to your spousal support payments, please contact the San Jose divorce attorneys at Lonich Patton Erlich Policastri. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Gina N. Policastri, Certified Family Law Specialist
/in Family Law, Firm News /by Lonich Patton Ehrlich PolicastriLonich Patton Erlich Policastri, LLP is proud to announce that on February 1, 2011, Gina N. Policastri was certified by the California Board of Legal Specialization, State Bar of California as a Family Law Specialist. Ms. Policastri joins David A. Patton and Mitchell T. Ehrlich as the firm’s third Family Law Specialist.
Key Tips for Amicable Co-Parenting With Your Ex-Spouse
/in Family Law /by David PattonDivorces can be very stressful times when soon-to-be-ex spouses are harboring resentment and anger towards one another. At the end of a divorce, the question remains, how do resentful ex-spouses work together to raise children? An article published by CBS earlier this year discusses the answer to this question by providing various tips for helping divorced parents effectively and cordially co-parent their children.
The first tip is simply to be respectful. As divorced couples share time with their children, it is very important to treat the other spouse with respect and model positive conflict resolution for your children to observe. Tearing your ex-partner down will only cause conflict and can cause your child to start harboring resentment.
The second tip involves keeping the kids out of the conflict. Remember, they did not ask to be put in this situation so you should not make them choose sides. In addition, don’t put your child in the position of being a messenger. This is confusing for the child and can affect their feelings toward either parent.
The last tip focuses on maintaining good communication. It is important to commit to sharing information with your Ex-spouse about your children and checking in on what is going on in their lives when they are not in your home. Also, it is good to communicate so that you maintain consistency in both homes in order to make your children’s transition much easier. For the full article please visit CBS.
For more information about California divorces, please contact us. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
What Does “Joint Custody” Mean?
/in Family Law /by Gina Policastri“Joint custody” is a complex legal term that can have several meanings. The term may refer to one of California’s several types of child custody arrangements including “pure” joint custody, joint legal custody, or joint physical custody. Each different joint custody arrangement has separate rights attached to it.
First, “pure” joint custody refers to an arrangement where neither parent has sole physical or legal custody of the child. This means that each parent has the equal right to control and supervise the child and to share custodial time with the child.
Second, joint legal custody exists where both parents share the rights and responsibilities of making decisions about the child’s health, education, and welfare. It is important to note that joint legal custody can be granted without granting joint physical custody. This means that one parent may have the right to have the child live with them (subject to the other parent’s visitation rights), while both parents share the responsibility for making important decisions regarding the child.
Third, joint physical custody exists where both parents have the right to have the child present in their home for significant periods of time. Physical custody may be shared so that the child is assured he/she will have continued and frequent contact with both parents.
For more information, please contact our San Jose child custody lawyers at Lonich Patton Erlich Policastri. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Charlie Sheen’s Family May Seek Conservatorship
/in Estate Planning /by Michael LonichNews of Charlie Sheen’s intense lifestyle revolving around drugs, alcohol, and parties, has been circulating around the press for months. Just recently, an article published by NY Daily News, discusses the possibility of Sheen’s parents trying to obtain a conservatorship over the party boy actor.
A conservator is a responsible individual who is appointed by a judge to care for another adult who cannot care for either himself or his finances. A person who believes they would make an effective conservator for a loved one, can file for conservatorship in court. A spouse, relative, or state or local government agency, friend, or any interested person can file for conservatorship.
There are two types of conservators. The first type is known as the “conservator of the estate.” A conservator of the estate handles the finances of the conservatee. The second type of conservatorship is the “conservator of the person.” This is a conservator who looks after and protects a person in relation to their healthcare, living arrangements, etc.
If you are interested in learning more about California conservatorships, please contact our attorneys at Lonich Patton Erlich Policastri for more information. Please remember that each individual situation is unique and results discussed in this post are not a guarantee of future results. While this post may include legal issues, it is not legal advice. Use of this site does not create an attorney-client relationship.
Source:
New York Daily News