Helping Domestic Partners Navigate Family Law Issues
Domestic partnership law has evolved over recent decades. It was designed for both same-sex couples and older heterosexual couples. The provision for older heterosexuals was specifically intended to enable older unmarried people to join their lives without the potential for losing social security or other pension benefits.
California law changed January 1, 2005 to provide gay and lesbian registered domestic partnerships with many of the rights and obligations afforded California married couples, including the duty and rights to partner support and the ability to accumulate and divide community property and debts, as well as inheritance rights.
Attorney Yasmin Cogswell Spiegel can help you understand how changes in California law affect you and your family. She will also help you make informed decisions and find solutions to your unique family law challenges that benefit all parties.
Adoptions
It used to be more complicated to adopt your partner's children. Today's laws allow gay and lesbian domestic partners to adopt a partner's child through step-parent adoption procedures. The parental rights of the child's other biological parent must still be terminated.
If a biological parent will not provide consent, the Davis Law Office of Yasmin C. Spiegel can help you take legal action. We will discuss the parent's fitness and help you understand your legal options.
Partnership Termination
Terminating your domestic partnership since January 1, 2005, is much like a married couple's divorce proceeding. You face many of the same issues associated with divorce. While you do not receive the same federal tax benefits as married couples, your domestic partnership termination has other implications. Our legal team can help you craft appropriate and beneficial agreements regarding:
- Child custody
- Child support
- Spousal support (the California legal term for what constitutes "alimony" under federal tax guidelines)
- Division of community property and community debts
Case Study: Tax Issues With Support
Financial support in domestic partnerships can be confusing. On the one hand, you do not receive the federal tax treatment of spousal support. But, on the other hand, you have a state obligation and tax deductibility for partner support. Child support is not deductible or included as income for domestic partnerships, which is the same as for heterosexual couples. The differences center on "spousal" or "partner" support.
Let's take a closer look. If a husband is required to pay his ex-wife $1000 a month in spousal support, he would benefit from a pre-tax deduction, and she would be required to report the payment as income on their IRS 1040. However, in a domestic partnership under federal tax guidelines, the partner paying support receives no tax benefit and the ex-spouse would not have to include the payment as income. The California Franchise Tax Board would consider the payments deductible and includable. It is therefore vital that you consult your accountant to understand the tax implications when terminating your domestic partnership.
Contact A Lawyer Today
To discuss legal guidance in Yolo County for domestic partnership issues, please call us at 530-554-9241, or send us an e-mail.
