Kevin Qualls Family Law
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Orange County Family Law Blog

Divorce, separation may raise capital gains tax issues

Most residents of Orange County probably realize that a couple going through a divorce or legal separation will have to sort through several tax issues when doing so.

For instance, the upcoming change to rules about how alimony gets taxed has been in the news, and couples with children have to figure out who is going to be entitled to the tax breaks one gets on account of having dependents.

Can I get the other parent to help with medical bills?

When two Orange County, California, parents who are no longer living with each other have a child in common, they are also going to have a lot of expenses that they, as loving parents, will spend on their child's behalf.

For most of these expenses, like food and clothing, the parent who has the child most of the time will provide for them out-of-pocket, and the other parent will pay his or her share through a child support payment. At least in theory, the amount of child support will be calculated so that both parents are paying their fair share of expenses.

Review of what income gets included in child support calculation

This post has previously discussed how important determining each parent's income is when it comes to calculating how much child support for which each parent will pay. Therefore, a review of exactly what counts as income under California's child support laws may be helpful to Orange County parents who are trying to figure out a child support dispute.

When compared with other states, California's definition of income is relatively narrow. It includes a person's wages and salary, and it will also include items like commission, regular overtime pay, interest and other things that are normally reported on a person's tax return.

Considerations when using a therapist to testify

There's no question that life in general can be tough for kids to cope with, especially when they are in the midst of a child custody dispute between their parents. A child who has witnessed or a divorce or who has just had to learn that their parents are going to live apart from each other permanently may need some help from a mental health professional to cope with these issues.

This is especially true when the child may have been exposed to abuse or to some other bad parenting at the hands of one of his or her parents. In such cases, a parent may think it prudent to ask the child's therapist to write a letter to the court or even com to testify.

Divorce rate is dropping in the long term

According to relatively recent statistics, the divorce rate across the county has been falling fairly consistently since the last decade. To clarify any confusion about what the divorce rate entails, in this post, it represents the number of women's marriages that end in divorce in a given year. For example, in 2015, for every 1,000 married women, there were almost 17 that ended in a divorce.

The frequency of divorces peaked out in the late 1970s and remained over 20 per 1,000 through the 1980s. It seems from the numbers that divorce was more in favor with Baby Boomers than it was with their children and grandchildren.

Overview of how contempt of court works in California

As many parents may know already, and as this blog may have mentioned on previous occasions, one of the means a court can enforce its orders to pay child support by holding those who do not pay in contempt of court and punishing them accordingly.

Under California law, a person is in contempt of court if they violate a court order. A parent who is behind in court-ordered child support payment is obviously in violation of the court's orders, but that parent ordinarily will be given an opportunity to offer an explanation before a court finds a parent in contempt or imposes a punishment.

Review of how victims can get a restraining order

As a previous post on this blog discussed, domestic violence victims in the Orange County area will need to take calm but decisive action in order to get the violence to stop and to protect their children and their other interests.

One means of stopping domestic violence short of going straight to the police or prosecutors is to request a civil restraining order, which is also called a protective order.

Protections for domestic violence victims

It is an unfortunate reality that many residents of Orange County are victims of domestic violence. Domestic violence affects people across the board and does not discriminate on race, social status, nationality or race.

It is also unfortunate that police and prosecutors can only do so much when it comes to domestic violence, and, at some points, they may just not have the willingness or time to give all such allegations the time they should.

Options for enforcing parenting time in California

Despite the warnings about how important it is for parents to get along with each other when it comes to parenting time, for many reasons, sometimes this is a challenge for Orange County, California, couples.

In some cases, one parent, usually the one who has the children most of the time, may use his or her power to keep the children away from the other parent, even though the other parent has court-ordered or even agreed upon visitation.

What are the goals of a child custody mediation?

As this blog has discussed on previous occasions, one option for resolving a child custody dispute is for the parents to go to mediation. Basically, a mediator will work with each parent and others in order to help the parents come to some resolution with respect to their custody and parenting time disputes.

In some California courts, the mediator, who may be known by a slightly different title, is also allowed to make a recommendation about custody and parenting time when mediation fails. Especially if an Orange County resident is being ordered to mediate, it is important for that person to remember what the goals of a custody or parenting time mediation are, as it is otherwise easy to get lost in the legal and emotional details surrounding mediation.

Kevin Qualls Family Law
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Orange, CA 92868
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