Author Archives: Jay Butchko
How A Domestic Violence Restraining Order Can Affect California Child Custody Disputes
Domestic violence has a number of legal consequences. For example, it can affect determinations of child custody or visitation rights. Under California law, a judge must apply a “rebuttable presumption” that awarding physical or legal custody of a minor child who has committed an act of domestic violence would be detrimental to that child’s… Read More »
Common Federal Income Tax Issues That Can Arise After Your Divorce
Divorce represents not just a significant change in your personal life but also your status as a taxpayer. There are a number of tax-related issues you need to consider as part of a divorce proceeding, including how to deal with alimony–as either the payer or recipient–and how to assign certain deductions like those for… Read More »
Relocation And Child Custody
After you have gone through a child custody case in California, a wide range of issues might come up that may lead you to want to relocate with your child. In some cases, plans for a relocation might involve moving to another residence in San Jose, moving to another city in the Bay Area,… Read More »
Community Property And Your Art Collection: What To Expect In Your Divorce
Many couples in the San Jose area who are getting divorced own a significant amount of property that is likely to be classified as community property and divided in their divorce case. Some of that property may be difficult to value, and may have complex attributes that will require specialist appraisals and valuations. For… Read More »
How Can I Make And Receive Child Support Payments?
In California, parents who share minor children from a marriage or from a relationship that has ended typically will go through a child custody case in which the court will also determine each parent’s child custody obligation. As you might already know, California uses an “income shares” model for child support, which means that… Read More »
Does Child Support Get Taxed?
Whether you are going through a divorce and share minor children with your ex, or you will have a separate child custody case after separating from a partner with whom you share minor children, it is important to understand key details about child support. In any child custody case involving minor children, child support… Read More »
Tips For Avoiding Financial Problems After Divorce
When you are planning for a divorce in California, it is critical to think about finances and to be thinking ahead about your budget after your separation and divorce. People might avoid filing for divorce because they are concerned about what their financial situation will look like when they are living on a single… Read More »
What Is The Difference Between Spousal Support And Domestic Partner Support?
When you are seeking spousal support, or when your ex has indicated that they plan to seek support, you are likely to have many questions about how the spousal support process works in California. If you conduct some initial research, you may learn that California law recognizes both “spousal support” and “domestic partner support.”… Read More »
Dividing Real Estate In A California Divorce
If you are getting divorced and own real estate — whether it is a family home, a vacation home, or rental property — it is essential to learn more about how real estate is commonly divided in a California divorce. As you may already know, California is a community property state. Accordingly, under California… Read More »
How Are Retirement Accounts Divided In California Divorces?
When spouses who are getting divorced in San Jose have retirement accounts or pensions, it is important to understand that these assets usually must be distributed between the parties in a manner that is different from other types of assets. While retirement accounts and pensions will also be identified as separate property or community… Read More »
