You must first know that court ordered examinations are not privileged. Make sure you discuss this with your Ventura divorce lawyer so you can decide how to proceed.

It is best to be open with these proceedings, and failure to provide the evaluator with releases can affect the evaluator’s recommendations or final report, but you do not have to sign the releases if you do not wish.

The problems that can be caused by refusing to sign requested releases may, however, be less problematic than providing access to private information that could result in a far worse report. For example, psychologist/therapist records may reveal prior suicidal thoughts; medical records may also indicate testing or treatment for a sexually transmitted disease, which could prove a fertile field for exploration by opposing counsel. You must be completely open with your Ventura divorce lawyer so that the two of you may decide together what the best action to take will be.

Psychological testing

It is likely that you will be given a variety of psychological tests. During these tests, make sure to answer honestly without overanalyzing the questions. If you try to paint yourself in an overly positive light to skew the results, the evaluator will know, and will make note of it in their report. So do not let the tests get into your head; answer simply and truthfully and you will do fine. If you are concerned about the tests, speak with your Ventura divorce lawyer, and they will help you feel comfortable and prepared.

Children are also often tested, usually using the Bricklin Perceptual Scales and the Perception of Relationship Test (PORT). They are not usually administered to children under the age of four. Make sure to set up appointments with the child’s schedule in mind, so as to not change the child’s routine too much. And do NOT try to manipulate your child before the testing. This will only make your child more stressed and nervous, and will not help anyone.

The Ventura divorce lawyers at Zonder Family Law will help you make sure that all the choices you make during your divorce proceedings are in the best interests of you and your child. Call us today at 818-309-7059.

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If your deposition is taken, you will be placed under oath and interrogated by your spouse’s attorney.  A court reporter will also be there to document your testimony.  Additionally, your Los Angeles divorce attorney will be by your side to protest any illegitimate questions.

Why divorce lawyers take the opposing spouse’s deposition

Family law attorneys usually take the opposing spouse’s deposition if the divorce proceedings involve child custody, requests for alimony, questions regarding the acquisition and characterization of property, or when one or both spouses are self-employed or own small businesses.

When a Los Angeles divorce attorney takes a deposition for the opposing spouse, he or she usually:

• Checks the witness’ mettle under pressure;
• Tests the accuracy of the testimony;
• Determines whether that individual will be a desirable witness;
• Establishes a clear stance in the witness’s testimony (if the witness tries to testify in a different manner in front of the judge, the attorney may utilize the deposition to challenge the truthfulness of the court testimony).

Furthermore, taking the deposition of the other spouse assists the lawyer in readying himself or herself to cross-examine the spouse in the event that the case gets to trial.

Typical outline for the deposition

It is probable that the lawyer taking the deposition will examine the following areas:

• Your personal information (name, age, date of birth, address etc.)
• Your health
• Information about children (school, health, special needs, activities etc.)
• Current living arrangement
• Breakdown of marriage
• Educational background
• Current employment and employment history
• Compensation and benefits
• Real and personal property
• Bank accounts, investments, and retirement accounts
• The family business
• Budget and lifestyle
• Child custody issues
• Bad behavior

If you would like more information about the divorce procedure, or if you need experienced legal representation from a Los Angeles divorce attorney, please contact Zonder Family Law at 818-309-7059 today.

The post Your and Your Spouse’s Depositions appeared first on Zonder Family Law Mediation.

Community Property v. Separate Property

Under California’s community property laws, assets and debts acquired during the course of a marriage by either spouse are considered community property and belong equally to both spouses. Upon dissolution of the marriage, all community property will be divided equally amongst both spouses.

Property or debt that is acquired by one spouse prior to the marriage, or acquired by a gift or inheritance during the marriage, is considered separate property.  Separate property belongs solely to the spouse who acquired it upon divorce.

A Los Angeles family attorney will look at all the properties of the parties to determine what is community property and what is separate property.

Steps in Dividing the Marital Assets

Regardless of whether the division is handled by the court or the parties, there are important steps to the process:

1. Labeling the property or debt as either community or separate property,
2. Valuing the marital property, AND
3. Deciding how to divide the property.

We Can Help

At Zonder Family Law, we can help you divide your marital assets as efficiently as possible. For more information or to schedule a complimentary consultation with an experienced Los Angeles family attorney, call (818) 309-7059.

The post Dividing Marital Assets in California appeared first on Zonder Family Law Mediation.

Standard of Living

The standard of living that you and your spouse enjoyed during the course of your marriage is a major factor the court considers in awarding alimony. Your Ventura family attorney will argue that to the extent possible, you should enjoy a similar standard of living after your divorce that you enjoyed during the marriage. As such, a high standard of living suggests a higher alimony award.

However, this argument is not always so black and white, especially in financially strained cases where the dual income of both parties was barely sufficient to meet the household obligations during marriage. Consequently, although standard of living can be a consideration, it should not be the sole definitive factor.

Taxability of Payments

Alimony payments are considered taxable income for the party receiving it and a deduction from income for the party paying it. As such, your Ventura family attorney may be able to use this tax-benefit argument to encourage agreement to a higher alimony payment from your ex-spouse.

Contact Us

For more information about the factors that need to be considered in calculating alimony payments, call Zonder Family Law at (818) 309-7059 to schedule a complimentary consultation with a Ventura family attorney.

The post Factors to Consider When Calculating Alimony Payments appeared first on Zonder Family Law Mediation.

Property Division

One of the major factors the court will consider in determining alimony payments is what assets the spouse has received in the division of the marital estate. For instance, if the spouse has received an asset that generates income (such as rental property), then the court will award lower alimony payments to offset the income.

Ability to Pay

Another major consideration is the paying spouse’s ability to pay the alimony payments. The court will generally not award alimony payments in excess of what the payer-spouse can afford to pay. The judge will use the post-divorce budget to make this decision.

Mental and Physical Health

The overall mental and physical health is also considered in determining alimony payments. A spouse who has mental or physical impairments will have a difficult time earning a living. As such, he or she will be awarded greater alimony to offset this lack of ability to successfully enter the workforce.

We Can Help You Get What You Deserve

There are many factors that go into calculating alimony payments. At Zonder Family Law, an experienced Ventura divorce lawyer will evaluate your specific situation to estimate how much alimony the court will award you.

To schedule a complimentary consultation with a Ventura divorce lawyer, call Zonder Family Law at (818) 309-7059.

The post Factors to Consider When Calculating Alimony Payments appeared first on Zonder Family Law Mediation.

How to Effectively Budget

The first step to effectively budget for important expenses, such as food and clothing, is to create a list of your income. This includes money from any jobs that you hold, welfare, unemployment compensation, and alimony.

Next, you need to make a detailed and accurate list of your basic and necessary expenses for food and clothing. You should begin with your fixed expenses, or the items you have to pay each month. Then look at your fluctuating expenses. Many items in this category fall under what you want as opposed to what you need, such as going out to restaurants versus buying food for the family.

Determining Exact Costs

Estimating the costs of clothing and personal care tends to be a little more difficult because you need to take into account the rising cost of living and other such factors. Your Ventura divorce lawyer may advise you to budget for your expenditures in the past year to give a good idea of what your costs will be in the coming year.

Your Ventura divorce lawyer can answer any questions you have in preparing your divorce budget. If you have more intricate questions, you might also consider consulting with an accountant.

Contact Us

For more information about how to create a divorce budget, call Zonder Family Law at (818) 309-7059 to schedule a complimentary consultation with a Ventura divorce lawyer.

The post Budgeting During Divorce: Food & Clothing Expenses appeared first on Zonder Family Law Mediation.

Basic Divorce Needs Hierarchy

The basic divorce-needs hierarchy is categorized as: 1) the needs of you and your family, 2) your possessions, and 3) your credit rating.

In meeting the needs of you and your family, your Ventura family attorney will advise you to pay the following bills first:

-          Food

-          Essential clothing

-          Essential medication

-          Rent

-          Utilities

After taking care of yourself and your family members’ essential needs, you should pay bills for important assets, such as your car loan or home mortgage. Lastly, and after the above has been taken care of, you should worry about paying unsecured debts, which usually include credit card debts.

Purpose of Creating a Needs Hierarchy

The main purpose of creating a needs hierarchy is to help you and your spouse maximize the financial resources you have to maintain the basic lifestyle you need to survive. A needs hierarchy will also help you to keep your perspective as to what is important during the tough financial road you may encounter after your divorce.

Contact Us

For more information about developing a needs hierarchy plan that will meet all of your needs during a financially strained divorce process, it is in you and your spouse’s best interest to first consult with a Ventura family attorney.

Call Zonder Family Law at (818) 309-7059 to schedule a free consultation with a Ventura family attorney.

The post Developing a Divorce Hierarchy To Deal with Strained Finances appeared first on Zonder Family Law Mediation.

Exceptions To The Rule

The following are exceptions where the general community property rule does not apply in dividing liabilities during a divorce:

-          Debt incurred before separation by the spouses, and which is used to purchase a gift for another person the spouse was involved with – excluded

-          Debt incurred after separation, but was for the benefit of the entire family – excluded

-          Debt incurred before separation, which was a mutual economic decision of the couple, but was used to enhance a separate relationship for the benefit of only one spouse – excluded

In order to determine whether the general rule of community property applies to all the debts incurred during your marriage, your Ventura family lawyer will need to look at all the specific facts and determine the reason why the debt was incurred and for whose benefit the debt was incurred.

Contact Us

For more information about dividing liabilities upon the dissolution of your marriage, call Zonder Family Law at (818) 309-7059 to schedule a complimentary consultation with a Ventura family lawyer.

The post Exceptions to the General Rules of Dividing Debts in a Divorce appeared first on Zonder Family Law Mediation.

Retirement Accounts

Sometimes retirement accounts are divided in a settlement, and therefore must be liquidated. There may be tax consequences to such an action, particularly if it occurs prior to the account’s maturation. A Los Angeles divorce attorney should be consulted to determine whether liquidation is immediately necessary, and what tax consequences it will entail.

Corporate Assets

If one of the spouses is part owner in a corporation, the assets may need to be divided to settle the estate. A corporate financial expert should be consulted to determine how best to handle such a division.

Tax Credits for Custody of the Children

While children should not be considered as assets or liabilities in the marital estate, certain tax implications exist for the parent who takes majority custody. Among the tax credits that may be enjoyed are:

• Child tax credit
• Daycare credit
• Earned income credit

The tax status of the parent who takes custody may change as well. For instance, a wife who previously filed as Married may be able to file as Head of Household if she takes majority custody of the child.

These issues may be addressed when negotiating the divorce settlement.

If You Need Legal Help

Lisa Zonder is a dedicated and compassionate Los Angeles divorce attorney who will help you through this difficult time. If you are seeking a divorce or have further questions, call Zonder Family Law to arrange an appointment today at 818-309-7059.

The post Issues which May Affect Tax Liability in a Divorce Settlement appeared first on Zonder Family Law Mediation.

Alimony and Spousal Support

Alimony is usually tax-deductible from the income of the paying spouse. Conversely, it is usually applied as income and taxable for the receiving spouse. That said, sometimes the matter is not quite so simple. It is important to make sure that alimony considerations are spelled out in the divorce decree and include appropriate language. Otherwise, payments made to spouses may not be tax-deductible.

Sale of Assets

Often one of the parties in a divorce gets the house in the settlement. There is no tax liability on the property until it is sold. However, if the spouse plans to sell it right away tax will likely need to be paid. In such a case it may be best to keep this in mind when valuating the marital estate. However, a Los Angeles divorce lawyer will determine whether the court in your jurisdiction will allow such an inclusion.

Sale of other property, such as recreational property, may also leave a tax liability. Any amount in the sale price that is above what it was purchased for will be taxed.

If You Need Legal Help

Lisa Zonder is a dedicated and compassionate Los Angeles divorce lawyer who will help you through this difficult time. If you are seeking a divorce or have further questions, call Zonder Family Law to arrange an appointment today at 818-309-7059.

The post Potential Tax Consequences of Alimony and Sales of Assets appeared first on Zonder Family Law Mediation.