Buyer’s remorse in family law occurs when one party, after agreeing with the court’s findings, decides he or she was unhappy with the ruling. In this case, Susan, the respondent, moved for an order to set aside judgment based on her opinion that Kevin, the other party, provided false information in the Declaration of Disclosure.*…
DetailsNot every couple needs a prenup or pre-marital agreement. For example, two people getting married out of college who have not accumulated any real assets and never been married before, do not need a prenuptial agreement. On the other hand, couples getting married for the second or third time and who have children from previous…
DetailsWhen divorcing couples are discussing spousal support in California, they need to be aware of the tax implications of their divorce. Federal laws enacted by congress and enforced by the Internal Revenue Service (IRS) are different than laws enforced by the California Franchise Tax Board (FTB). Spousal Support and Taxes IRS rules. Under federal law,…
DetailsPresented by Ron J. Anfuso, CPA, ABV, CFF, CDFA, FABFA The Trial Court’s Decision Fred and Jill Smith were divorced in 1986. They had one child, for whom Fred was ordered to pay child support. Fred fell into arrears and, at the time of the Court of Appeals hearing, owed $190,000. His trial court request…
DetailsWhen a divorcing couple owns a family business, it complicates the parties’ financial settlement. Generally, the business will be awarded to one of the spouses and how it is valued and divided depends on the type of business that is involved. When One Spouse is a Licensed Professional and Owner of the Business When one…
DetailsBy Ron J. Anfuso, CPA, ABV, CFF, CDFA, FABFA The burden of proof in family law is the obligation of a spouse to bring forth evidence of a claim of separate property. In these instances, assets are presumed community property unless a party sufficiently traces and meets the burden of proof that an asset is…
DetailsBackground Greg and Jodie Mohler were married on September 12, 1998, and separated on July 2, 2011. Petitioner (Jodie) filed a Petition of Dissolution on January 25, 2012. Greg filed his response on April 9, 2012. Their trial did not take place until November 15, 2017. Jodie’s Proposed Statement of Decision identified several disputes. Among…
DetailsBy Lawrence Markey, Esq. and Ron J. Anfuso, CPA, ABV, CFF, CDFA, FABFA Child support litigation in California has caused the spilling of an ocean of ink and toner, yet to many attorneys, the magic box we call the “guideline” remains as mysterious as ever. One component that adds to the opacity of the statewide…
DetailsPresented by Ron J. Anfuso, CPA, ABV, CFF, CDFA, FABFA Yes, California is a no-fault state. However, no fault relates only to grounds for the termination of a marriage. Financial fault, on the other hand, has no limits. It can lie in the past, present or future. In fact, it seems that as time passes…
DetailsPresented by Ron J. Anfuso, CPA, ABV, CFF, CDFA, FABFA Yes, California is a no-fault state. However, no fault relates only to grounds for the termination of a marriage. Financial fault, on the other hand, has no limits. It can lie in the past, present or future. In fact, it seems that as time passes…
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