Blog Posts in December, 2014

Polygamy: Reason for Ending Spousal Support?

A judge has refused a divorced man’s attempt to cut off his spousal support to his ex-wife due to his claims of her new polygamist lifestyle. The judge’s grounds for dismissal: polygamy is not legal in New York. The Divorce In 2009 family physician Dr. David Hunsinger,54, divorced his wife of 19 years, art professor Patricia Hunsinger. Since David earns more than Patricia, as part of their ...

Understanding Temporary Spousal Support

When one spouse is unemployed, or earns significantly less than the other spouse, they can be awarded temporary spousal support. In order to receive the temporary support they will be ordered to justify and prove this to a court via an order to show cause. Santa Clara Guideline The Superior Court of Los Angeles has adopted the Santa Clara Guideline formula that sets temporary spousal support. The ...

Alimony and Taxes v. Child Support and Taxes

There’s a basic tax law that can often be passed over, ignored, or misinterpreted, if you’re in the midst of an emotional divorce. Regardless of how intense or difficult your divorce is though, you will need to keep this in mind: Alimony payments are tax deductible. Child support payments are not tax deductible. Additionally, alimony payments are taxable to the recipient. Amounts paid for child ...

Property Division During Divorce

Property division during divorce can be one of the most complex aspects of your divorce. Here are a few first steps you can take. Property Division in Divorce: You’ll want to first identify and list out all property and debts. Think about everything – down to small credit cards you haven’t used in years. You’ll want to list all assets and debts as well as all the financial information that relates ...

Cannon - Carey Making Family Number One

Despite the couple’s separation, Nick Cannon and Mariah Carey are planning on making family “the number one priority” this holiday season. Separation Confirmed The America’s Got Talent host has confirmed the couple’s separation, while also saying that he and Carey, 45, will not let the dissolution of their marriage take a toll on the 3-year-old-twins, Moroccan and Monroe’s Christmas. “We’ll ...

2014 Celebrity Divorces

2014 Celebrity Divorces Here’s a list of the top celebrity divorces of 2014: 10. “Rizzoli & Isles” star Angie Harmon and former player for the NFL Jason Sehorn ended their 13 year old marriage. 9. Pat and Gina Neely, Food Network’s golden couple, decided to divorce after 20 years of marriage. In a joint statement, the two said, “This was a tough decision, but we believe it is the best decision for ...

Child Custody in California

The fact that child custody issues can be true battles is the same in every state. But what’s not the same across all states are the laws regarding child custody. Here are some California specific governing principles surrounding child custody. Best Interests of Child California child custody judges consider the best interests of the child when making their decisions regarding custody of the ...

California's Rules About Move Away Child Custody

Move away child custody cases can be some of the most difficult child custody decisions, especially if a parent seeks to relocate to another part of the country, or even out of the country. When a custodial parent makes the decision to move it can make it seem almost impossible for the other parent to stay involved in their child’s life. But if the custodial parent’s request is denied by a court, ...

What Should be Included in a Prenuptial Agreement?

There’s a wide range of what can be included in a prenuptial agreement. It should be flexible enough to accommodate the couples’ wants, while also following legal guidelines. What Can be Included in a Prenuptial Agreement A prenuptial agreement can include the following: (a) how property will be divided on divorce; (b) whether or not specific items should be considered community property or ...

Can You Get a Same-Sex Divorce in California?

As more states legalize same-sex marriages, the question of same-sex divorces becomes increasingly difficult to answer. If a couple’s marriage is not recognized, then is there divorce recognized? And what does a same-sex couple do when they want to get divorced? Legal in 19 Jurisdictions Same-sex marriages are only recognized in 19 jurisdictions: California, Connecticut, Delaware, Hawaii, ...

What is Collaborative Divorce?

For divorcing spouses, who must decide how they want to enter the divorce process, and who fear a high conflict situation, knowing that collaborative divorce is an option might help assuage some fears. But what about the things couple’s don’t agree on? Can you still be good candidates for collaborative divorce if there are some un-settled matters? Yes! Collaborative divorce is a way to take some ...

Fathers: Know Your Child Custody Rights

If you’re a father, don’t assume that you’re going to lose your child custody case. It’s important to remember that mothers and father have the same legal rights to the custody of a child until one of the other gives up or is denied custody rights. Gender Bias Fears For a lot of fathers, this might seem like news. A lot of fathers give up the custody battle out of fear of losing to a gender ...

Kardashian - Odom Divorce at a Standstill

It’s been almost a year since Khloe Kardashian filed for divorce from estranged husband Lamar Odom. Despite the fact that she filed on September 13, 2013, the divorce is not finalized. Divorce Not Finalized Since Odom and Kardashian, 30, broke up she has failed to retrieve her “single status,” despite the fact that she could proceed with a divorce without his signature. According to Life&Style, ...

How Divorce Can Impact Your Social Security Benefits

When it comes to Social Security benefits and your divorce, “for better or for worse” and “for richer or for poorer” can take on a quite literal meaning. Retirees are often uninformed of how a change in their marital status affects their Social Security benefits. Below you will find some ways in which your Social Security Benefits can be impact by your divorce. Length of Marriage and Length of ...

Ex-Wife of Hamm Appeals Divorce Judgment

As was expected, Sue Ann Arnall, ex-wife of Continental Resources Chief Executive Officer and Chairman Harold Hamm, has appealed the divorce judgment. Divorce Judgment The previously decided divorce judgment awarded her almost $1 billion of the Hamm marital estate. Ms. Arnall (she decided to go back to using her maiden name) is appealing the ruling made last month by Oklahoma County Court Judge ...

Prenuptial Agreements and Debt

When it comes to signing a prenuptial agreement there can be a lot of pros and cons. Deciding what should be included on them can be an even trickier weighing of pros and cons. But one thing that should definitely be included is what will happen with the debt. What Happens to the Debt? Standard inclusions in prenuptial agreements are: bank accounts, retirement accounts, family inheritances, real ...

Divorce Rates Lower, Marriages Too!

It’s a common misconception that 50 percent of all marriages end in divorce. But that hasn’t been the divorce rate for a number of years. Divorce Rate Statistics are “Complicated” According to Christine Whelan, director at MORE: Money, Relationships and Equality, “The divorce statistics are very complicated.” The New York Times took a look at the data numbers reported by Justin Wolfers, a ...

How to Come Back Financially After a Divorce

Divorce can be devastating in many ways for many reasons. One such way is financially. You cannot only lose your spouse’s income, but often also retirement and other benefits as well as the safety net of having a partner. There are some key steps you can take to bounce back. Retirement Planning After Divorce Just because your divorce might have thrown you for a loop, it doesn’t mean you should ...

Does the "Date of Separation" Matter?

You’re getting divorced, but does the “date of separation” really matter? Does it need to be an exact date? How is it used? Below we take a closer look at what the “date of separation” means and if it’s crucial that you have an exact day. Date of Separation When it comes to a courts’ consideration, the date of separation becomes important for determining property interests. As much as you might ...