Author Archives: Jay Butchko
What is Guardianship and Why Might You Need One?
When it comes to ensuring the well-being and protection of a child or an individual who is unable to make decisions for themselves, guardianship plays a crucial role. Guardianship is a legal relationship that grants an appointed individual the authority and responsibility to care for and make decisions on behalf of another person, known… Read More »
Premarital Agreements and the 7-Day Rule
In California, in order for a premarital agreement to be enforceable, it must comply with a ‘7-day rule.’ The California Family Code, specifically Section 1615 (c)(2)(B), introduced a crucial requirement for premarital agreements. This rule mandates that there must be a minimum of seven consecutive calendar days between the time one party is first… Read More »
Navigating the Termination of Parental Rights in California: Tying into Stepparent Adoptions Without Consent
Introduction Parental rights are considered fundamental and sacred under California law. However, there are situations where these rights may be terminated in the best interest of a child or to facilitate stepparent adoption. With experienced San Jose Family Law attorneys like those at Foster Hsu, LLP, understanding and navigating the complicated process of parental… Read More »
How Long Will You Need To Pay Spousal Support?
Right after a marriage concludes, it is likely that one spouse will need to pay some form of spousal support to their now-former spouse. To ensure that this spousal support is ideal for both parties, it is wise to be aware of the different types of spousal support a court can order and the… Read More »
How “Transmutation” Can Affect The Status Of Community Property In A California Divorce
In a California divorce case, the court starts with a presumption that any property owned by either spouse is separate property, and any property acquired during the marriage is community property (unless the property was made to one spouse by gift or inheritance). This presumption may be overcome, however, in a number of ways…. Read More »
How A Domestic Violence Restraining Order Can Affect California Child Custody Disputes
Domestic violence has a number of legal consequences. For example, it can affect determinations of child custody or visitation rights. Under California law, a judge must apply a “rebuttable presumption” that awarding physical or legal custody of a minor child who has committed an act of domestic violence would be detrimental to that child’s… Read More »
Common Federal Income Tax Issues That Can Arise After Your Divorce
Divorce represents not just a significant change in your personal life but also your status as a taxpayer. There are a number of tax-related issues you need to consider as part of a divorce proceeding, including how to deal with alimony–as either the payer or recipient–and how to assign certain deductions like those for… Read More »
Are Voluntary Child Support Payments Credited Under California Law?
California law establishes a series of uniform guidelines that courts must follow when establishing a parent’s obligation to pay child support. A support obligation is not necessarily limited to direct cash payments from one parent to another. It may also include indirect payments, such as covering the costs of a child’s home or educational… Read More »
Relocation And Child Custody
After you have gone through a child custody case in California, a wide range of issues might come up that may lead you to want to relocate with your child. In some cases, plans for a relocation might involve moving to another residence in San Jose, moving to another city in the Bay Area,… Read More »
Community Property And Your Art Collection: What To Expect In Your Divorce
Many couples in the San Jose area who are getting divorced own a significant amount of property that is likely to be classified as community property and divided in their divorce case. Some of that property may be difficult to value, and may have complex attributes that will require specialist appraisals and valuations. For… Read More »
