California Family Law Attorney
Recent Posts
Archives
225 South Civic Drive Suite 1-3 Palm Springs, CA 92262

Recent Posts in Tax Issues Category

Are My Attorney Fees Paid In Connection With Spousal Support Tax Deductible?

Q. I obtained orders for spousal support, which my husband objected to without success, in our pending dissolution. A friend told me that I am entitled to deduct all my attorney fees on my federal and ...
Continue reading "Are My Attorney Fees Paid In Connection With Spousal Support Tax Deductible?" »

Do I Get a Spousal Support Deduction for Payments Made on the Residence Owned With My Wife?

Q. If I pay make the mortgage payments on our family home, which my husband occupies, as part of our agreement for spousal support, is this tax deductible? Fred in La Quinta, CA. Greetings Fred. ...
Continue reading "Do I Get a Spousal Support Deduction for Payments Made on the Residence Owned With My Wife?" »

My Wife and I Are Separated. Is Voluntary Spousal Support TAX DEDUCTIBLE?

Q. My wife and I separated in February, 2012. It is tax time and I am wondering if the money I've been giving her is tax deductible. We haven't filed for divorce or legal separation. A. I seem ...
Continue reading "My Wife and I Are Separated. Is Voluntary Spousal Support TAX DEDUCTIBLE?" »

Do California Courts "ADD BACK" DEPRECIATION In Determining Child and Spousal Support?

Q. How do California Family Courts deal with depreciation in setting child and spousal support? Does depreciation reduce the paying spouse's income available for support and so lessen the amount ...
Continue reading "Do California Courts "ADD BACK" DEPRECIATION In Determining Child and Spousal Support?" »

FORM 8332 NOW MANDATORY TO CLAIM DEPENDENCY EXEMPTIONS

Form 8332 Must Be Submitted With Your Return If A Noncustodial Parent Wishes to Receive the Dependency Exemption for a Child There has been an important 2011 change in IRS policies with regard to the ...
Continue reading "FORM 8332 NOW MANDATORY TO CLAIM DEPENDENCY EXEMPTIONS" »

TAX TIME Advice for SEPARATED COUPLES About JOINT TAX RETURNS

Q. I'm separated from my ex-husband, and we are in the process of a divorce. He has asked me to file jointly on a 2010 return, and I am wondering if this is a good idea. Any suggestions? Trudy, ...
Continue reading "TAX TIME Advice for SEPARATED COUPLES About JOINT TAX RETURNS" »

WHY Should I Consider a LEGAL SEPARATION?

Q. My Wife has filed for legal separation. Is this something that I should consider instead of divorce? TIP: A Judgment of Legal Separation can only granted where both parties agree and so consent to ...
Continue reading "WHY Should I Consider a LEGAL SEPARATION?" »

Is It Possible to Get My Ex's TAX RETURNS Without Any MOTION to MODIFY Pending Between Us?

Q. We were divorced three years ago and I haven't taken my ex-husband back to Court. I think he is earning a lot more now. Is there anything I can do to find out what his situation is short of ...
Continue reading "Is It Possible to Get My Ex's TAX RETURNS Without Any MOTION to MODIFY Pending Between Us?" »

What is FAMILY SUPPORT?

Q. My lawyer mentioned something called "family support" as a way to possibly get more money from my ex-husband for child and spousal support. What exactly is family support and does it ...
Continue reading "What is FAMILY SUPPORT?" »

What is HEAD OF HOUSEHOLD status for IRS purposes?

Q. What is the effect of claiming "head of household" status in a tax return? A. Head of household does not apply to joint tax returns. If you are divorced, or if you are married filing ...
Continue reading "What is HEAD OF HOUSEHOLD status for IRS purposes?" »

Must I file a JOINT TAX RETURN if we are not yet divorced?

Q. My husband and I separated in 2009 but we are not divorced yet. We are on extension because he wanted me to sign a joint tax return with him, but I am nervous about doing it and keep stalling. He ...
Continue reading "Must I file a JOINT TAX RETURN if we are not yet divorced?" »

What are the TAX CONSEQUENCES of CHILD SUPPORT and SPOUSAL SUPPORT?

Q. My husband and I have separated, and pretty much agreed to work everything out without going to Court. But I would like some information about how any support we agree upon is taxed. Child support ...
Continue reading "What are the TAX CONSEQUENCES of CHILD SUPPORT and SPOUSAL SUPPORT?" »

DCSS INTERCEPTED my TAX REFUND with my new Husband.

Q. The district attorney's office intercepted our tax refund to pay past due child support. If we divorce do I get any of this money back? K. Santa Clarita, CA A. You might. This tax refund was ...
Continue reading "DCSS INTERCEPTED my TAX REFUND with my new Husband." »

I am remarried. How does my NEW MATE'S INCOME affect my SPOUSAL SUPPORT or CHILD SUPPORT OBLIGATION?

Q. I remarried in August, 2009, and my new wife is a doctor. She has one child from her prior marriage and I have two. I am still paying my former wife alimony and child support. We largely depend ...
Continue reading "I am remarried. How does my NEW MATE'S INCOME affect my SPOUSAL SUPPORT or CHILD SUPPORT OBLIGATION?" »

FORM 8332 is required to release DEPENDENCY EXEMPTIONS to Father awarded deduction!

Please Note: There have been some important changes to IRS policies for how to claim the dependency exemption since this Blog was first written over two years ago - please click here for the latest ...
Continue reading "FORM 8332 is required to release DEPENDENCY EXEMPTIONS to Father awarded deduction!" »

My ex wife has twice taken the DEPENDENCY EXEMPTION. I am supposed to get alternate years.

Q. My ex wife, who is getting child support from me, has twice claimed our daughter on our taxes. We are supposed to alternate each year. I took her back to Court, and the Judge ordered that I get to ...
Continue reading "My ex wife has twice taken the DEPENDENCY EXEMPTION. I am supposed to get alternate years." »

How Are SOCIAL SECURITY benefits Treated In DIVORCE?

Q. How are Social Securities Benefits Divided in Divorce? Social Security Benefits are included in the definition of "income available for support" of Family Code section 4058. That means ...
Continue reading "How Are SOCIAL SECURITY benefits Treated In DIVORCE?" »

What is permanent SPOUSAL SUPPORT in California?

Q. What rights do I have to permanent spousal support? I live in Palm Desert, CA. Suzanne A. Permanent spousal support is not usually "permanent," although it can be in cases of very long ...
Continue reading "What is permanent SPOUSAL SUPPORT in California?" »

How is TEMPORARY SPOUSAL SUPPORT Determined in California?

Q. How is temporary spousal support calculated in California? Temporary "Pendente Lite" Spousal Support Awards in CA Divorce In order to be entitled to spousal support, parties must be ...
Continue reading "How is TEMPORARY SPOUSAL SUPPORT Determined in California?" »