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Child Support After Death of Custodial and/or Non-Custodial Parent

Child Support and Death

If you practice Family Law, you know that the duty of child support as to an unmarried child continues until a child is 18 or if still in high school, age 19.   Family Code 3901.

What happens if the payor dies?   Death of a parent is tragic – in every sense.   But what if the parents are divorced, and one is paying child support? Does the support terminate? 

Why We Don’t Offer Free Consultations in Divorce

Free Consultations in Divorce – Why We Don’t Offer Them

We receive many phone calls inquiring about “free consults”.  Most people accept that lawyers charge a fee for their time.  But some times, my assistants will get withering comments from callers, such as, “Why should I pay for a consult when Joe Blow and Jill Blow down the street give free consults?”

Here is why most family law firms, such as ours, charge a consult fee.

Can’t buy me love…or jurisdiction

Jurisdiction is complicated.  More so when people move around.  Kelly Rutherford is prime example.  Over 3 years ago, her divorce case was filed in California.  After a LONG trial, the Judge issued orders that the kids were to live in Monaco (citing, amongst other things, the fact that Father’s visa is revoked and cannot come to the USA).

So why did California lose jurisdition 3 years later?  It’s true that under the UCCJEA (Uniform Child Custody and Jurisdiction Act) (in California it’s codified in Family Code 3400 et seq),

Bitcoins, Beanie Babies, Subprime Mortgages, and Dutch Tulips

bitcoin beanie babies

Bitcoins are so hot right now!  Never mind that Satoshi Nakamoto doesn’t exist, or that it crashed 35% over the new year, or that it’s not real.  Everyone wants some now!

Remember Beanie Babies in the 90’s? Beanie Babies were the brainchild of Mr. Ty Warner (who’s still pretty rich).  In the early 90’s, he introduced these little toys which were half stuffed with beads via “scarcity strategy”.  It worked!  People were paying up to $5,000 for a toy that originally retailed for $5. 

How to Save Money in Your Divorce: 8 Tips From Your Divorce Attorney

How to Save Money in your divorce.

The uproar regarding the Tax Reform repeal of the deductibility of spousal support proves that money DOES matter when you are divorcing!

So without further ado, let’s get down to how you can save money in your divorce.

  1.  Figure out how to un-couple and restructure your family unit.

 

Yes, divorce sucks!!  Especially if you’re not the one initiating it. 

Tax Cuts and Jobs Act and Alimony After 2018

Under Trump’s Tax Cuts and Jobs Act, alimony (aka spousal support) will no longer be tax deductible to the payor, or taxable to the recipient.  This provision would affect all divorce and separation agreements signed after December 31, 2018.

The new provision is found in page 100 of the bill (I attached the text above).  Specifically,it is a Repeal of the alimony deduction that has been in place for over 75 years ( see sec.