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August 2017 Archives

The requirements for making alimony tax-deductible

As part of a divorce, California residents may be required to make alimony or spousal support payments to their ex-spouses. This requirement often occurs when the ex-spouse stays home to raise the children or otherwise leaves his or her career to take care of household duties. In many cases, those who are required to pay alimony can deduct the payments on their tax returns.

Child support and modern DNA paternity testing

California is a jurisdiction where genetic testing tends to become a focal point of major courtroom disputes. In an ongoing probate battle over the estate of Mexican pop music legend Juan Gabriel, who passed away last year while on tour, a court has been considering requests for DNA paternity testing from two litigants who claim to be biological children of the late crooner. This requests for DNA testing are more common in family court, particularly in relation to child support and custody disputes.

Bankruptcy attorneys oppose trustee information request

When people in California file for Chapter 7 bankruptcy, a trustee is assigned to oversee the case. Neither the Justice Department branch in charge of overseeing bankruptcies nor bankruptcy attorneys support the efforts of two trustees in Maryland to collect debtors' passwords for Amazon Prime, eBay and PayPal. The paperwork also says that the debtors will keep the same passwords for a minimum of 10 days and will not close the accounts.

Property division and retirement accounts

California couples who are getting a divorce should be aware of potential tax liabilities in dividing retirement accounts. A qualified retirement plan, including a 401(k), a simplified employee pension plan or a profit-sharing plan, must be divided with a qualified domestic relations order. This is filed with the court and gives the other spouse the right to receive distributions from the account. It also makes the receiving spouse responsible for any income tax on payouts and allows the spouse to roll the payments into an IRA.

How to simplify your divorce

It may seem like your divorce is your long-awaited meal ticket of freedom from your spouse. However, you cannot finalize most divorces in California overnight. There are many issues that can arise that cause your divorce to take much longer to resolve than you anticipate. For example, your spouse may want to fight to keep you from receiving your fair share of his or her assets. Or your ex may want to challenge your right to child custody and parenting time. Anything can happen and turn your divorce into a messy, stressful and drawn out affair. 

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