Has Tracing Changed or Remained the Same?

In 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…

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Spousal Support Changes and the New Tax Code

The 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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Family Law Symposium Survey Finding

We recently conducted a survey at the 2018 LA County Bar Association Annual Family Law Symposium. This was a continuation of a survey we performed at the 2016 event. Thirty-four attorneys participated in the study. Those we interviewed averaged 18 years practicing family law. Usage of forensic accountants by the interviewees during the span of…

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Tracing: Why, When and How

Tracing usually becomes an issue when community and separate property funds have been commingled in the same account(s) and then an asset is purchased with funds from that account. The mere commingling of separate property moneys in a community bank account does not destroy the separate property character of the funds, so long as they…

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The Marriage of Collins: Turning a $4,000 Client Investment into a $300,000+ Savings in Spousal Support

Case Background Melvin and Maureen Collins were married for thirty-five years. In 2005, the couple separated and subsequently divorced. Melvin, who was the sole breadwinner, has been employed as a professor of economics at a prestigious Orange County university. During their marriage, Maureen was a stay-at-home mom. Their divorce settlement included a monthly spousal support…

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In re Marriage of Dawnel and Frank Bonvino Findings Change Precedence in Real Property Apportionment Calculations (Part 1)

Approximately three years after their marriage, Dawnel and Frank Bonvino purchased a family home in Westlake Village with a down payment from husband’s resources and the proceeds from a loan in his name.  The property was purchased in 1996. Title to the home was taken in Frank’s name as sole and separate property.  Approximately 15…

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