Redwood City Family Law Blog

Due to changes put in place by the Tax Cuts and Jobs Act, divorce could soon be more expensive for California couples. This act changed both how exemptions for children are claimed and the tax status of alimony. Experts say it ultimately could mean less money for some ex-spouses.

Instead of a child tax exemption, one parent will be able to claim a Head of Household deduction. To claim this, the child must live with the parent more than half the time. Furthermore, the parent must be single and pay over 50 percent of all expenses in the household. In addition, the HOH can take the child tax credit. The IRS has not yet issued guidance as to whether this tax credit is tradable. Couples may want to write a divorce agreement that allows for this if IRS regulations are clarified.

Spouses who go through a divorce will find that their lives will be impacted in many different ways, regardless of how old they may be. However, California residents who are at least 50 years old should be aware that a divorce can significantly and negatively impact their health. Divorce can have a number of physical and psychological consequences for older divorcees, particularly if they are already dealing with some medical issue.

For couples who have not yet reached the age of 50, the divorce rate is almost double than that for seniors. However, the overall rate for these younger spouses is not experiencing a striking increase. For individuals who are in their 40s, the divorce rate has risen only a little since 1990. The rate among spouses who are younger than 40 years old is actually decreasing.

After years of dealing with a spouse who has psychologically tormented you, settling a divorce can leave you with anticipation and fear. While you might feel some relief that you will no longer be with someone that negatively affects your mentality, you also could worry that someone who has put you and your child through agony might get some custody and assets that they do not deserve.

While California courts do take accusations of emotional abuse into account, it can be difficult to convince them of what your spouse did. If there is physical abuse, that means there is physical evidence. With emotional abuse, you must find ways to prove it occurred rather than just tell the court about it and expect them to believe you. Despite the hardships, it is crucial to obtain material evidence of your struggles to get the most out of asset division and child custody.

California parents who are getting ready to go to court over child custody issues need to be as prepared as possible. Everything from the way they are dressed to how questions are answered can all play a role in the results of the hearing.

Preparing for a child custody hearing includes organizing and developing the arguments that will be presented in court. These should be clear and specific, to show the judge that the parent has a strategy for raising their child. This also includes anticipating the questions that might be asked and planning out answers to these questions. Parents should expect questions such as who will take care of the child during work hours where the child will sleep in a small apartment.