Five Tax Facts to Know When Divorcing

If you have recently gotten divorced or are currently involved in the process, one thing you need to think about is how you’re going to file your taxes. This is something that no one enjoys, and filing is made more complicated if you divorced during the past year.

You may want to engage a certified public accountant (CPA) to help you through this process, but in the meantime, here are some basic facts that you should know about filing taxes as a recently divorced person.

 

1. Know Your Filing Status

To file as a married person, you need to have been married for the entire year. If your divorce took place at any time during the year in question, you would file as a single person (assuming you haven’t already gotten married again). The exception to this is that you can file as head of household if you are a custodial parent.

 

2. Claim Children per the Divorce Decree

In your divorce decree, a judge will decide who gets to claim what child. If you only have one child, it may rotate every year. It is important that you follow the decree precisely to ensure that you do not get into trouble with the IRS in the event that both you and your ex claim the children on your taxes.

 

3. Know Your Deductions

If you pay child support, this is not tax-deductible—but alimony is. Likewise, if your support was deemed family support, the entire amount is tax deductible. Conversely, if you are receiving child support, you do not have to claim it as income, but you do have to claim alimony as income. You would also need to claim the entire amount of family support as income so that there is an actual tax strategy involved when completing your divorce.

 

4. You May Need a Form 8332

A judge may give you the ability to claim a child for the purpose of a tax exemption or credit, even if they live with you less than six months out of the year. To protect yourself, you should have your ex sign form 8832 to ensure that he or she does not also try to claim the child and create a red flag with the IRS.

 

5. Child Care Credits Can Save You Money

If you or your spouse were providing in-home care for your children during the marriage but are now both working, your kids may now be in daycare. In this case, there is a child care credit you may be eligible for. Just keep in mind that only the custodial parent can claim this credit.

 

Other Tax Considerations Related to Divorce

Something else to consider is that you may want to change your deductions on your W-4 form. When you are no longer married, you will have fewer deductions, and it is important to ensure that enough taxes are being withheld from your weekly or monthly paychecks. Otherwise, you could end up with a large tax bill at the end of the year.

Even if you typically file taxes on your own, it is wise to engage an accountant or CPA to guide you through the process the first year after your divorce. Once your taxes have been filed under your new status and you understand the exemptions and credits you qualify for, it will be easier to file on your own.

 

Help from a Rancho Cucamonga Divorce Attorney

It is also within your best interests to call 909-466-7661 or complete the form below to speak with the Law Office of Laurence J. Brock. We understand tax implications and how to protect your rights by ensuring that all necessary tax issues are addressed in the final divorce decree. Otherwise, ambiguity could lead to both future complications and disputes between you and your ex.

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Parental Rights in a Same-Sex Divorce

The American Bar Association estimates that roughly four million gay and lesbian parents are raising between six and ten million kids in our country. Under California law, same-sex married couples are supposed to have the same rights as heterosexual ones.

However, the courts are still figuring out how to handle cases that have different aspects than same-sex ones. Since legislation has changed many times and the laws and cases are new, both the California Courts and the American Civil Liberties Union (ACLU) suggest that same-sex parents establish their parentage legally with proper documentation.

 

Circumstances Vary in Same-Sex Marriages

Things can get tricky in divorces where the couple was together for years before marriage was even an option or decided on domestic partnership. There are also formalities having to do with where couples were married or lived. In cases where children came from a previous heterosexual marriage, gay and lesbian parents can face bias from judges who are not ideologically aligned with their lifestyle. And as California has seen with Proposition 8 and the Defense of Marriage Act, politicians can quickly take away what activists have worked so hard to achieve.

As with any custody case, the same criteria are evaluated: the child’s welfare and health; the relationship and caretaking duties of the parents; the presence of physical, drug, or alcohol abuse; and more. Unfortunately, however, things aren’t always so cut-and-dried.

 

Custody and Support Challenges

Many scenarios play out in same-sex divorces involving child custody. A non-biological parent can find his or herself out in the cold, heartbroken at being denied visitation rights to a child he or she nurtured since birth. Or a biological parent can suddenly find his or herself the sole parent as the other partner wants to give up parenting along with the partnership.

An in-depth analysis of parental responsibilities might be required if one partner is trying to paint the other as absent or uncaring. For instance, analyzing which partner spent more time caring for the children can be projected unfairly. One can appear to have committed less time when actually there may have been an agreement that one parent spend more time on career for the good of the family.

Of course, many couples want to split amicably, but the hard slog of determining visitation schedules and splitting expenses and other daily parenting duties can put strain on the most well-meaning of parents.

 

Consult a Rancho Cucamonga Same-Sex Divorce Attorney

As with all custody cases, it’s hard to separate the range of emotions a partner is feeling from what’s best for the child. Dealing with a separation or a divorce involving kids makes a confusing time even worse, and for same-sex couples, the process gets even more complicated.

If you are considering divorce, having a custody dispute, want to establish yourself as a legal parent or guardian, or have any other marriage-related legal issues, call Attorney Laurence J. Brock for a free consultation. He has been helping California clients resolve these issues for three decades and knows how to navigate the current same-sex marriage laws to help partners fight for their parental rights. Schedule your case evaluation by calling 909-466-7661 or by completing the form below.

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How to Prepare for a Divorce

Getting divorced is complicated. Unlike getting married, there is a long, set legal process that must be followed in order to unwind a marriage and the finances associated with it. In addition, having a strategy from the get-go is critical to protecting your rights and making it likely that the marriage resolves either equitably or in your favor.

With that in mind, it is wise to hire a family lawyer before you file for divorce and to start planning before announcing your intentions. Here are some tips to assist with the latter:

 

1. Gather All Income Documents and Find Out What Your Spouse Really Makes

Hiding income is common in divorce proceedings, but unless you can find evidence to prove it, the judge will likely accept the information presented. Protect yourself by gathering all income records, including commission statements, copies of bonus checks, profit sharing, and all other forms of income that you and your spouse have access to. This makes it possible to fact check what your spouse lists on the financial disclosure statements.

 

2. Open Your Own Bank Account and Credit Cards

If all of your accounts are joint, there is a possibility that your spouse will react to the divorce filing by trying to remove your name or by shutting them down. While inappropriate, it happens. The best way to protect yourself financially is to have access to capital that is in your name only. If you do not have any credit cards in your name only, opening one and using it becomes even more important for building your personal credit history.

 

3. Evaluate Your Family’s Debts

Review your credit card and loan balances with your spouse and then have a conversation about paying things off. If you have disposable income to do so, this will make the process of dividing debts far simpler. This is a particularly important strategy if you make less than your spouse, since a judge could divide your debts evenly, regardless of your earning capacity.

 

4. Copy Important Tax and Financial Documents

Make copies of your last three years’ tax returns, recent pay stubs, W-2s, bank statements, retirement account statements, and all other financial documents. You should also copy the deed of trust to any property you own, as well as the titles to your vehicles.

 

5. Make Sure You Are on the Title

You might be surprised to find that you are not on the title to a piece of property or vehicle. It happens all the time, and without being on the title, you will have an uphill battle enforcing your ownership rights. Protect yourself by being added to anything prior to filing for divorce.

 

6. Examine Your Ability to Earn an Income

Understanding what you can afford and what you need to live is important prior to divorcing. It will help determine if you will need alimony to maintain your lifestyle.

 

7. Inventory Your Household Belongings

Begin making a list of the property and belongings that you own. Everything from clothing to jewelry, from cookware to tools should be listed since it will all be divided later.

 

8. Consider Custody Plans

If you have children, consider whether you want full or joint custody and what an ideal custody or visitation arrangement might look like. While you might not get everything that you want, starting with a plan can improve your chances greatly.

 

Help from a Rancho Cucamonga Divorce Attorney

The most important step you can take in preparing for a divorce is meeting with a divorce attorney prior to filing or making your intentions clear. To schedule a free consultation with the Law Office of Laurence J. Brock, call 909-466-7661 or contact us online through the form on this page.

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The New Year Is a Good Time to End a Bad Marriage

If you feel like you’re stuck in a bad relationship, 2017 may be the year to make a change. Now that the holidays are over, it’s the perfect time to consider what you want out of life. What do you want going into the new year and can it happen within the confines of your current marriage? For many couples, the answer is unfortunately no.

While there is no perfect time to get a divorce, starting the process at the beginning of the year does have several benefits. First, people are mentally and emotionally conditioned to anticipate change when the new year comes. Whether the changes are large, like ending a relationship, or smaller, like losing weight, people anticipate that there will be adjustments to lifestyle, perspective, or relationships. This means that you may be more mentally and emotionally prepared to end a bad relationship today then you will be six months from now. Your mental preparedness, even subconsciously, can influence how well you handle a divorce.

Additionally, divorces take time to complete. It will take time for you to separate property, file for divorce, have hearings, go to court, and so on. It is not uncommon for a divorce to take six months to a year to complete. Starting one now will give you the opportunity to wrap everything up in 2017 so that you can begin 2018 with a new life and a fresh perspective.

 

Why Is It Good to End a Bad Relationship?

As a family law firm, we would never tell you what is right for your unique marriage. Whether you stay or leave is entirely up to you. However, there is scientific research to support ending a bad relationship. Researchers at Michigan State University studied 1,200 men and women over five years. They found that women in a bad marriage were at a greater risk of experiencing heart disease. In other words, a bad marriage really can break your heart.

A bad relationship can also cause enormous amounts of stress that can lead to anxiety, depression, and feelings of despair and hopelessness. This is not a good way to live!

To start 2017, you most likely have already made a resolution or two. How much more difficult will they be to uphold if you are fighting these negative emotions?

 

The Process of Getting Divorced

While you make the decision to end your marriage and get a divorce, it is important to understand how the process works and what you should expect. First, you should call our office and speak with a divorce attorney. Your former spouse is likely to retain his or her own attorney, so it is necessary to protect yourself by securing your own legal representation.

There are also a number of pitfalls that you might fall into if you don’t have a family law attorney looking out for your best interests. For example, if you want to have custody of the kids, you should remain in the family home. If you are worried that your spouse may try to cut you off financially, you can open a credit card in your own name and even open a separate savings account. These are things that we can discuss during your free consultation.

Once you have retained an attorney, the separation process can begin with the initial case filing and proceed on to negotiations, possibly going to trial later—if it becomes necessary. While a complex process, at the end of your divorce, you will be free of the negativity that is currently surrounding your marriage.

 

Contact a Rancho Cucamonga Divorce Attorney

To speak with a family lawyer about your options, call the Law Office of Laurence J. Brock at 909-466-7661 or complete the contact form below. Divorcing is a difficult decision to make, but starting 2017 by ridding yourself of a dysfunctional marriage could improve your life later and even open up new opportunities for happiness.

The post The New Year Is a Good Time to End a Bad Marriage appeared first on The Law Office of Laurence J. Brock.

Why It’s Important to Establish Paternity in California

California has specific rules regarding who can be considered a child’s parent. In many cases, these laws follow common sense. Most fathers know that they’re the father and don’t need the court to inform them.

There’s one scenario where the law can differ, however: If you are unmarried when the child is born, the state will not recognize you as the father. In this situation, the state will recognize the parental rights of the birth mother only. The way that you solve this problem is by establishing parentage through the court system or by completing the appropriate paperwork.

 

An Important Process

Parentage is how an unwed father can protect his legal right to parent his biological child. Establishing parentage requires completing paperwork and having a hearing before a judge— especially if the biological mother is contesting the relationship you have with your child. An experienced family law attorney can help you establish your parental rights and ensure all of the following:

• Your name is on the birth certificate
• You have custodial and visitation rights
• You can purchase health insurance for your child, make decisions regarding medical care, take part in school enrollment, and so on

Establishing parentage also gives your child specific rights such as the ability to inherit if you die, collect on your veterans or disability benefits, be on your health insurance policy, have access to family medical records, and similar things.

 

Verbal Understandings Are Not Enough

It may seem strange, but you could live in the same household as your child and everyone could understand that you are the parent, but it is still not enough to guarantee either your rights or your child’s. For example, it is unlikely that you could enroll the child in school without being listed on the birth certificate.

If you and the biological mother separate without parentage being established, you could not immediately seek custody or visitation rights. You would first need to go through the process of establishing parentage, delaying the process.

Additionally, if you were to die, your child would not have rights as one of your heirs, even after knowing that you were the father. This is not a situation you want to place your grieving child in.

 

Cases of Conflict

If there is a dispute regarding parentage, one parent may still petition the court, and a DNA test may be ordered. Once the results are in, parentage can be established, even on protest.

 

Child Support

Once the court identifies both parents, if they separate or divorce, child support can be established after evaluating the income of both parties along with the custody situation. Without parentage, the court cannot enter an order of child support.

 

Help from a Rancho Cucamonga Family Law Attorney

Legally establishing parentage is a necessary and important step in exercising your parental rights. Nothing should interfere with the bond between parent and child, and you deserve be involved in your child’s life. For help establishing paternity and resolving any other family law issues, contact the Law Office of Laurence J. Brock. To schedule a free consultation, call 909-466-7661 or reach us online through the form on this page.

The post Why It’s Important to Establish Paternity in California appeared first on The Law Office of Laurence J. Brock.

The New Year Is a Good Time to End a Bad Marriage

If you feel like you’re stuck in a bad relationship, 2017 may be the year to make a change. Now that the holidays are over, it’s the perfect time to consider what you want out of life. What do you want going into the new year and can it happen within the confines of your current marriage? For many couples, the answer is, unfortunately, no.

While there is no perfect time to get a divorce, starting the process at the beginning of the year does have several benefits. First, people are mentally and emotionally conditioned to anticipate change when the new year comes. Whether the changes are large, like ending a relationship, or smaller, like losing weight, people anticipate that there will be adjustments to lifestyle, perspective, or relationships. This means that you may be more mentally and emotionally prepared to end a bad relationship today then you will be six months from now. Your mental preparedness, even subconsciously, can influence how well you handle a divorce.

Additionally, divorces take time to complete. It will take time for you to separate property, file for divorce, have hearings, go to court, and so on. It is not uncommon for a divorce to take six months to a year to complete. Starting one now will give you the opportunity to wrap everything up in 2017 so that you can begin 2018 with a new life and a fresh perspective.

 

Why Is It Good to End a Bad Relationship?

As a family law firm, we would never tell you what is right for your unique marriage. Whether you stay or leave is entirely up to you. However, there is scientific research to support ending a bad relationship. Researchers at Michigan State University studied 1,200 men and women over five years. They found that women in a bad marriage were at a greater risk of experiencing heart disease. In other words, a bad marriage really can break your heart.

A bad relationship can also cause enormous amounts of stress that can lead to anxiety, depression, and feelings of despair and hopelessness. This is not a good way to live!

To start 2017, you most likely have already made a resolution or two. How much more difficult will they be to uphold if you are fighting these negative emotions?

 

The Process of Getting Divorced

While you make the decision to end your marriage and get a divorce, it is important to understand how the process works and what you should expect. First, you should call our office and speak with a divorce attorney. Your former spouse is likely to retain his or her own attorney, so it is necessary to protect yourself by securing your own legal representation.

There are also a number of pitfalls that you might fall into if you don’t have a family law attorney looking out for your best interests. For example, if you want to have custody of the kids, you should remain in the family home. If you are worried that your spouse may try to cut you off financially, you can open a credit card in your own name and even open a separate savings account. These are things that we can discuss during your free consultation.

Once you have retained an attorney, the separation process can begin with the initial case filing and proceed on to negotiations, possibly going to trial later—if it becomes necessary. While a complex process, at the end of your divorce, you will be free of the negativity that is currently surrounding your marriage.

 

Contact a Rancho Cucamonga Divorce Attorney

To speak with a family lawyer about your options, call the Law Office of Laurence J. Brock at 909-466-7661 or complete the contact form below. Divorcing is a difficult decision to make, but starting 2017 by ridding yourself of a dysfunctional marriage could improve your life later and even open up new opportunities for happiness.

The post The New Year Is a Good Time to End a Bad Marriage appeared first on The Law Office of Laurence J. Brock.

Reasons to Request Alimony or Child Support Adjustments

It is possible, although difficult, to get your alimony or child support order adjusted after your divorce. This is typically an uphill battle, so hiring an experienced family law attorney will make the process easier and more likely to succeed.

For an adjustment to be considered, you must prove one of the following:

• There has been a significant change in financial circumstances since the initial order was entered by the court.
• The needs of the child have changed.

 

Financial Reasons to Request a Change in Support

You can petition the court to have spousal support or child support adjusted based on a change in either your or your ex’s financial circumstances. Listed below are just a few of the situations that might qualify:

• Job loss or a severe reduction in hours being worked
• New children being born and requiring support
• The paying spouse retiring
• A new job that will result in an increase in income

 

Health Reasons to Request a Support Change

If the person paying alimony or child support is facing severe health problems, unable to work, or paying expensive medical bills, there may be justification to request a temporary change in the payments being made. You will need to demonstrate why this is necessary, and a judge will ultimately decide how to proceed.

 

Changes in a Child’s Circumstances

Child support is set during the divorce, but as children grow, their needs may change. It is possible that they will require additional educational support, have a unique opportunity, be heavily involved in sports, or require medical care that was unnecessary at the time of the divorce.

Any of these circumstances could require increased financial support from both parents, and child support will need to be adjusted accordingly. In this case, it is typically the custodial parent who will bring the request before the court, but either parent can.

 

Miscellaneous Reasons to Adjust Support Agreements

It is also common to request changes in alimony or child support arrangements if the spouse receiving support has remarried or is purposefully not working.

 

The Adjustment Process

You can make alimony or child support changes in one of two ways: You and your ex-spouse can either agree to the change or petition the court and have a judge decide. If you can agree to an adjustment, this can save a significant amount of time, but you should still have an attorney draw up the new agreement and present it to the court for final legal approval. Without a judge’s signature, your changes won’t be valid.

If you cannot agree, you must petition the court to have the changes made. Your ex-spouse will need to be formally heard, a date set for the hearing, and arguments made before a judge. Working with an attorney will make it much easier for you to present your case, demonstrate its strength, and successfully argue why your request should be granted. A judge will make the final ruling after hearing from everyone, so it is important to prepare a strong and valid argument.

 

Consult a Rancho Cucamonga Family Law Attorney

Getting a fair alimony or child support plan isn’t easy, and getting adjustments approved later can be an equal challenge. The Law Office of Laurence J. Brock can help you demonstrate your need for a change before the court and give you the best chance for success. To get started with a free, no-obligation consultation, give us a call at 909-466-7661 or reach us through the contact form below.

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