Articles: Family Law Blog

The following is a true story. At least those who claim they saw and heard it happen swear it is true.

Once upon a time, a Los Angeles Superior Court family law judge was hearing a case where there was no name on the child’s birth certificate. Mom and dad each had attorneys and they both asked the judge to assign the child “their” requested name.  The judge happened to be retiring two days later.  He warned the parties to settle or he “would” pick a name.  There was no agreement, and after a break the judge took the bench and he entered an order naming the baby.  However, the judge did not select either of the requested names.  Instead, the judge named the baby after himself!  It was then suspected that the parties went into the hallway and settled their fight.

If you are divorcing, please consider these simple digital safeguards to protect your privacy.   First: Stop posting on social networking sites.  Second:  Get a new e-mail address.  Third:  Have your computer swept by a professional for any “snooping software”  because your spouse/soon to be ex may be monitoring your every move on your computer and reading all of your e-mails, etc.  This may sound a bit paranoid, but you would be surprised what can be taken out of context.

Does it really cost $19 million to get divorced in Los Angeles?  According to the March 6, 2010, Los Angeles Times, that is how much Frank and Jamie McCourt’s divorce could end up costing.  As the Times points out, that is more than the Dodgers will spend on their starting infield this season.  My initial reaction to reading that story on an overcast and rainy Saturday morning:  You’ve got to be kidding me!  No way!  Get out!  So how many of the destitute in Haiti could be saved with $19 million dollars?  Of course, the same argument could be made about the cost of an average litigated divorce in Los Angeles, which is $50,000.00…if you are lucky.  Frank and Jamie have hired multiple law firms and forensic accountants.  We’re told that the ownership of the Dodgers is at stake because Frank McCourt contends that he has a post-nuptial agreement that makes him the sole owner of the Dodgers.  Jamie McCourt contends the post-nuptial is no good, and that makes the Dodgers community property, which means she owns one-half of the team.  It appears that the McCourt’s have the money to spend, all $19 million of it, and the lawyers and accountants will help them spend it, presumably wisely.  The Times headline said, “Cost of owners’ split seems out of the ballpark.”  That may be the understatement of the season.  The McCourt’s apparently have the ability to spend $19 million to see who gets the Dodgers, but I doubt the average middle class couple can afford $50,000.00 or more to litigate their differences.  My advice is simple:  Try mediation or collaborative divorce first.  If you and your spouse are successful, you’ll save enough money to fund your children’s college educations and still have money left over for Dodger tickets, a couple Dodger dogs and beers.

Tax time is fast approaching.   Divorced couples want to know who gets to claim their child or children as a dependent(s) on their tax returns.   Unless there is a Court order stating otherwise, it’s the primary custodial parent who gets to claim a child as a dependent.   The primary custodial parent is defined as the parent with whom the child spends the most time during the year.   However, the custodial parent may allow the noncustodial parent to claim the dependency exception instead by signing IRS Form 8332.   If both parents claim the child or children as dependent(s), the IRS will likely audit the tax returns to see who qualifies for the dependency exemption(s).   If your ex-spouse wrongly took the dependency exemption and it resulted in an IRS audit that cost you money, you may be able to obtain reimbursement in the family court.   If you allow your ex-spouse to take the dependency exemption, and they are also under a Court order to pay you child support, make sure the order says your ex-spouse may only take the dependency exemption if they are current on their child support and there are no arrears owing at the time of tax filing.