Family Law Archives - Page 31 of 36 - Lonich Patton Ehrlich Policastri

Is a Legal Separation the Best Option for You?

February 16, 2011/in Family Law /by Julia Lemon

If you do not want to proceed with a divorce but are interested in separating from your spouse, a legal separation might be an appropriate remedy. A legal separation may be appropriate for couples who have religious or other personal reasons for not wanting to proceed with a divorce. For example, some couples may not want to proceed with a divorce at the present time because a divorce may make them ineligible for medical insurance.

A legal separation is not a legal end to your marriage. In fact, if you are legally separated and decide to remarry, you must first obtain a judgment of dissolution for your first marriage. However, a legal separation does allow you to live apart from your spouse while making separate financial, parenting, and property decisions.

To find out more about legal separations, please contact 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.

Is a Divorce Right for You?

February 15, 2011/in Family Law /by David Patton

If you are currently living in northern California and are contemplating ending your marriage through a divorce, here is some basic information on what a divorce entails. A “divorce,” or “dissolution of marriage,” legally terminates your marriage or domestic partnership. After you are legally divorced, you are considered “single” and are free to remarry or enter into a new domestic partnership. However, a divorce is not right for every couple.

If you want to end your financial and personal life with your partner, but do not want a legal divorce, there are other alternatives for you. Some people may choose to pursue a “legal separation” instead. This is often done for religious reasons. A legal separation does not end a marriage or domestic partnership. Rather, it allows you to live apart and make independent decisions on finances, property, and child care issues.

Another alternative to a divorce is an annulment. However, this option is very rare. An annulment occurs when a court finds that your marriage or domestic partnership was never valid in the first place. Marriages may be void because the marriage was incestuous, bigamous, fraudulent, or one of the spouses lacked capacity to enter into the marriage.

For more information about divorce, legal separation, and annulment, please contact our 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.

Steer Clear of Potential Spousal Support Tax Pitfalls

February 11, 2011/in Family Law /by Mitchell Ehrlich

Generally 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

February 10, 2011/in Family Law, Firm News /by Lonich Patton Ehrlich Policastri

Lonich 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

February 10, 2011/in Family Law /by David Patton

Divorces 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?

February 9, 2011/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.

Can You Remarry Before Your Divorce is Final?

February 4, 2011/in Family Law /by Mitchell Ehrlich

In short, the answer is “no.” Under California law, an individual who is legally married cannot enter into another legal marriage before terminating the first marriage. Recent news of Kelsey Grammer’s approaching marriage to Kayte Walsh has brought this issue to light. Grammer, although planning his February wedding to Walsh, is not yet divorced from his current wife, Camille Grammer.

California couples in similar situations might want to consider reading up on California’s “status only” judgment. A “status only” divorce, or bifurcation, is a legal proceeding where a couple’s marital status is terminated before other divorce issues, such as property characterization and division, are settled. Upon one party’s motion, the court can sever the issue of dissolution of marital status, and expressly reserve the right to later determine all of the other pending issues. Thus, after bifurcation, the individuals are considered legally “single” and are free to remarry. However, the court retains jurisdiction to settle all of the other remaining issues.

For more information on how to best proceed with your California divorce, 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.

Source:

The Huffington Post

After Paying Out £42 Million in Alimony, Phil Collins Says He is in No Rush to Remarry

February 3, 2011/in Family Law /by David Patton

Famous musician and song-writer, Phil Collins, gave an interview to the UK Mirror about his past and present romances. With three ex-wives, Collins has paid out over £42 million in alimony. In the U.S., this would translate to approximately $66.5 million in settlement payments. Collins is currently dating news anchor Dana Tyler, whom he met in 2006 while she was interviewing him about a Tarzan stage show that was set to play on Broadway. While Collins had a lot of nice things to say about Tyler, he made it clear that he believes he is better off not remarrying. For more information please see the full article.

If you have been bitten by alimony payments, before choosing to remarry, it would be a good idea to make sure you have a solid prenuptial agreement in place. A prenuptial agreement is a contract between the two prospective spouses. It can address a wide variety of issues including property rights and obligations during marriage and upon divorce. A prenup might be right for you if prior to your marriage you own real estate, own more than $50,000 of assets aside from real estate, have ownership rights in a business, or earn a salary of more than $100,000 per year.

If a prenup sounds like a good idea, it is wise to consult a qualified family law attorney for advice. However, before seeing an attorney, it is recommended that you and your fiancée discuss the essential terms of the agreement. This way, your lawyer will have a better understanding of your needs and concerns.

For more information about prenuptial agreements, please contact the family law 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.

Sources:

Nolo

How You Can Get the Child Support Money You Need

January 28, 2011/in Family Law /by Mitchell Ehrlich

If you are a Bay Area resident who is shouldering the financial responsibility of your child alone, you may be interested in learning more about the details of California’s child support system.

Child support is a certain sum of money that the court orders one parent to pay the other parent. When a California court is calculating the amount of child support one parent should pay the other, it looks at several key factors. These factors include how much the parents earn (or can earn), the other parent’s income, the number of children the couple has together, how much time the parents spend with their children, health insurance expenses, daycare costs, and other things.

The child support money is intended to be used to financially support the couple’s child(ren). Child support is typically paid to care for minor children (children under 18) who are living at home and unable to support themselves. However, parents can agree to support children longer than the age of majority. In addition, a court may order continued child support for a child over 18 who is disabled and unable to care for themselves.

For more information about child support, please contact 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.

New Family Law Legislation Enacted in Response to a 2007 California Supreme Court Ruling

January 26, 2011/in Family Law /by Gina Policastri

A recent legislative change affecting family law cases was brought about by the 2007 California Supreme Court ruling in Elkins v. Superior Court, which held that reducing live testimony in family law cases deprives parties of due process protection. In response to this ruling, the California legislature enacted a new law regarding the introduction of live testimony in family law cases. The new law was codified in §217 of the California Family Law Code.

Absent a stipulation of the parties or a finding of good cause, Section 217 requires that upon an order to show cause or notice of a motion, the court should receive any relevant “live, competent testimony” within the scope of any hearing. In addition, §217 authorizes the court to “ask questions of the parties.” The court “may make a finding of good cause to refuse to receive live testimony” in appropriate cases. In such cases, the court must state the reasons for its denial on the record or in writing. Section 217 also requires the Judicial Council to “adopt a statewide ruling of court regarding the factors a court shall consider in making a finding of good cause.”

Additionally, the new legislation requires that a party seeking to present live testimony from nonparty witnesses must “file and serve a witness list with a brief description of the anticipated testimony” prior to the date of the hearing. On request, the court may grant a brief continuance if the list is not served prior to the hearing.

As California family law is constantly changing, it is very important to consult a qualified family law attorney when encountering a divorce or child custody issues. For more information about California family law, 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.