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September 2018 Archives

Countdown on divorce tax benefits sparks rush to complete process

When a California couple is getting a divorce, there are many issues that will be important as part of the process. Ancillary factors might not be the critical considerations, but they should be factored in as the case moves forward. Previous posts have discussed how the new tax laws will impact certain benefits people get after a divorce such as deducting spousal support. Now, as time begins to grow short on completing a divorce in time to take advantage of the chance to retain that deduction, more couples are expediting their decision to divorce.

Will the court order counseling in a child custody case?

Emotions can run high in a California child custody case. This is true whether the situation is somewhat amicable or it has grown into an outright child custody dispute. Above all, the courts will seek to achieve what is in the best interests of the child. Part of that might include a requirement that the parents or anyone else who is part of the child custody or visitation disagreement - including the minor child - take part in professional counseling. Understanding how the law handles this is critical to a case.

What do I do for a court order for child custody and visitation?

Often, the biggest and most contentious issues a California divorcing couple must deal with is how child custody and visitation rights will be handled. Given the likelihood of there being a dispute as to which parent will be granted custody and the amount of parenting time the noncustodial parent will get, it is important for the participants to remember how to get a custody and visitation order. Even if these issues are understood relatively well, it is still imperative to have legal assistance as the case moves forward.

Is child or spousal support paid while the divorce is pending?

For couples in California who are moving forward with a divorce, spousal support and child support are two of the most common issues that are up for dispute. What many might not realize is that there might be a requirement for these payments to be made when the case is pending. It is important for both parties -- the prospective supporting spouse and parent and the prospective receiving spouse and parent -- to know the state law regarding support during pendency.

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John T. Chamberlin, Attorney at Law
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Pleasanton, CA 94566

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