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Spouses Will No Longer Be Entitled to Deduction for Alimony Payments

Hossein Berenji,

If you are thinking about getting divorced it may be prudent to make a decision in the very near future. A recent change to the tax law will eliminate the deduction for alimony payments for all couples who divorce on or after January 1, 2019. This will not only be a huge financial blow for spouses who are ordered to pay spousal support, but it will also likely drag out divorce contests and increase the costs of litigation. Fortunately, couples who divorce or sign a separation agreement before the new year will be able to enjoy the benefits of the alimony deduction. Current Law: Alimony Paid to a Former Spouse is Deductible Most spouses have significantly different incomes. In some … Continued

Child Custody Overview

Hossein Berenji,

In Tennessee, there is no set age at which a child may absolutely choose which parent that they will get to live with. However, the judge may be able to consider the child’s preference when making a custody determination or changing custody. What’s the rule? Tennessee Code Annotated § 36-6-106 sets out the factors that a judge must consider when making a custody determination. These are often called the “best interest factors” because ultimately the judge has to make custody and parenting time decisions that are in the child’s best interest. We can help you identify these. Section 13 of this statute requires the court to consider “the reasonable preference of the child if twelve (12) years of age or … Continued

Understanding California Spousal Support

Hossein Berenji,

What is Spousal Support?  Spousal support – often referred to as alimony – is generally a court-mandated requirement for one spouse to pay another spouse a set amount of money each month. Domestic partners may also be responsible for partner support at the end of a California domestic partnership. Spousal support may only be awarded after a spouse files a civil claim in court. Grounds for spousal support claims may include: Divorce; Annulment; Legal separation; or Domestic violence. When Can I Get Spousal Support? Spousal support may be awarded while a claim is on-going and/or after the court makes a final determination. Temporary Spousal Support Orders are granted by a judge while a claim for spousal support is pending. Judges … Continued

Same Sex Marriages

Hossein Berenji,

As you may know, many people are opposed to same sex marriage. Their argument primarily rests on the traditional definition of a “marriage” as the union between one man and one woman; that is all. This narrow traditional definition, therefore, does not provide for gay and lesbian couples. However, times have changed. We now accept that same sex couples should be afforded the same rights and the responsibilities as opposite sex couples. For this reason, some states, as well as California, now allow for same sex marriages. If you are interested in being married in such a fashion and need help, or if you have any questions about same sex marriage, it is important to seek the assistance and advice … Continued

Emancipation in Los Angeles

Hossein Berenji,

If you are below the age of majority (18 years of age), you are under the control and responsibility of your parents. Hence, your parents must provide you with the essentials: food, water, shelter, et cetera. In addition, your parents are able to pick where you live and where you go to school. All of this, however, is not the case if you, the minor child, are emancipated. In sum, emancipation frees a minor child from the control and responsibility previously held by his or her parents. Emancipation, in other words, gives the minor child the rights and responsibilities of an adult. So, emancipation allows minor children to technically become adults before they are 18. Note that emancipation laws differ … Continued

Grandparent Visitation in California

Hossein Berenji,

Grandparents can play an incredibly important role in the development of young children. Having many positive figures involved in raising a child can lead to better child development and a more supportive environment in which to raise the child. However, there are certain cases in which a child’s parents or guardian decides that he or she does not want the child’s grandparents to be involved in the rearing of the child. Do Grandparents Have any Visitation Rights in California? California law affords grandparents the opportunity to have reasonable visitation with a grandchild in certain situations. The Courts in California allow grandparents to ask for reasonable visitation if the court finds that there is a pre-existing relationship between the grandparent and … Continued

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