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Offering divorce and family law options to fit
your needs, and focused on reducing the emotional
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August 2015 Archives

Parent-child relationships and custody

Child custody depends on a variety of things, all determining the best interest of the child, including the child's wishes, how stable the home environment is and if there are any allegations of abuse or neglect. Another thing courts take into account is the relationship between the child and each parent and how supportive the custodial parent is about the relationship between the child and the other parent. A recent case in California involving actress Kelly Rutherford highlights the importance of this factor.

Facebook profile evidence in custody battle

Custody battles revolve around the best interests of the children involved. One way to address this is for parents to provide evidence to show their relationship with their children and to demonstrate who the primary caretaker is and whose home will offer the children more stability. California residents who are caught in a custody dispute might benefit from knowing about a recent ruling that allowed the use of a Facebook profile as part of the evidence presented in a custody dispute case.

Child support modifications and jurisdictional changes

When parents separate or divorce in California, that state will have jurisdiction when issuing a child support order . If at least one party continues to reside in the state, California continues to have jurisdiction in the case. However, a parent may not be aware of this if they move. The Uniform Interstate Family Support Act provides the guidance needed to determine when a new order may be issued in a different state.

Disability insurance and child or spousal support

Many California residents rely on spousal or child support payments to make ends meet, and courts will often take steps designed to ensure their financial security. Courts may sometimes order that a life insurance policy be taken out by the party responsible for making support payments, but spouses receiving financial support may still be left vulnerable if the payor were to become permanently disabled.

Claiming social security on a spouse's earnings record

When California couples divorce, they may not consider how to handle claims with the Social Security Administration. Sometimes, spouses may choose to claim Social Security before full retirement age either by claiming against their own earnings history or that of the other spouse.

Alimony and taxes

Alimony is tax deductible for the person who is making payments while child support is not. Payments must meet certain requirements under the Internal Revenue Code and IRS regulations in order to be considered alimony. In California, alimony is sometimes ordered during a divorce when one spouse's income exceeds the other.

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Miller & Associates, Attorneys LLP

Miller & Associates, Attorneys LLP
6542 Lonetree Boulevard
Rocklin, CA 95765

Phone: 916-780-0848 
Fax: 916-780-0787

Miller & Associates, Attorneys LLP
850 Iron Point Road, Suite 113A
Folsom, CA 95630

Phone: 916-365-4941 
Fax: 916-780-0787

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