When 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…
DetailsPresented by Ron J. Anfuso, CPA, ABV, CFF, CDFA, FABFA Yes, of course, 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…
DetailsPart 2 In part one, I provided the background of the appeal case of Dorothy (“DeeDee”) and Joseph (“Joe”) Ciprari that dealt with the most contested portion of the case, the tracing issue. On appeal, DeeDee attacked the detailed tracing analysis performed by me, on which the trial court relied. Here in part two, I…
DetailsIn re the Marriage of Dorothy and Joseph CiprariCourt of Appeal Decision Related to Forensic Accounting Part 1 Dorothy (“DeeDee”) and Joseph (“Joe”) fixed their date of separation as August 13, 2010, the date DeeDee commenced the marital dissolution proceeding. The marriage terminated pursuant to a judgment entered March 18, 2016, which attached the court’s…
DetailsThe most crucial change established under the Tax Cuts and Jobs Act of 2017 (TCJA) related to family law went into effect on January 1, 2019. Previously, under section 215 of the tax code, paying spouses could deduct their alimony payments from their taxable income while recipient spouses were required to pay taxes on the…
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