Child Custody Attorney Cerritos

Binoye Jos is the Child Custody attorney, if you live near Cerritos. He is a compassionate,competent, experienced attorney whose focus is on finding a solution that is in your child’s best interests, and treats each client as his most important. Mr. Binoye Jos will vigorously fight for your rights as a parent, and will do so with your child’s best interests as his focal point.

Parental alienation happens more often than most people imagine. What parents often don’t know is that parental alienation is a form of psychological abuse, and the resulting damage is severe. Child victims of parental alienation, once they become adults, will have learned these negative behaviors and often repeat them, with negative impacts on their romantic relationships and their children.

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Children who are victimized by an alienating parent often will say anything to please that parent.Some psychologists and therapists can even make the situation worse, if they have not been properly trained to recognize the signs of parental alienation. Even some well-experienced doctors can confuse parental alienation with some forms of child abuse, as they believe what the children are saying about the alienated parent, thus giving the doctor the incorrect impression that the child is suffering abuse by the alienated parent when, in fact, it is the parent who is committing acts contributing to parental alienation who is the abuser.

Some major tactics used by an alienating parent during a divorce proceeding are:

1. Accusing the other parent of domestic violence, when none has occurred;
2. Badmouthing the other parent at every turn;
3. Accusing the other parent of physical abuse;
4. Accusing the other parent of sexual abuse; and
5. Accusing the other parent of not providing for the children.

These are some of the common tactics used by bitter parents during a divorce proceeding. Unfortunately, some parents engage in these kinds of behaviors unknowingly. Our minds have a way of playing games, especially in circumstances where emotions run high. Therefore, parents often totally believe that what they are saying is true. Although, of course, there are instances where the above behaviors are actually happening, it is more often the case that such accusations are the creation of our own minds, especially when there is animosity over the reasons leading to divorce.

As a counselor, a good attorney may suggest that their clients seek therapy to resolve these issues, for the purpose of lessening anger toward the other parent and, instead, act in a manner that promotes the best interests of the children.

Another factor the Court considers in awarding Spousal Support is all documented evidence of history of domestic violence perpetuated by either party against the other party or against their children.

Family Code Section 4324 prohibits any award, whether temporary or long-term, of spousal support to perpetrators of domestic violence. Perpetuators of violence are also prohibited from receiving any medical, life, insurance, or any other benefit from the victim-spouse. In this way, the law does not permit abusers to benefit from such abuse.

Evidence of past abuse can include photographs, witness testimony, police reports and/or a current restraining order.

In awarding or modifying Spousal Support, the Court also considers the immediate and specific tax consequences to each party.

In past years, the tax code permitted the paying spouse to deduct spousal support from their income while requiring the receiving spouse to include the award as taxable income. However, for spousal support awarded after January 1, 2019, this no longer applies unless such payments are made in cash (includes checks and money orders).

However, the Internal Revenue Service continues to honor written agreements deeming support as deductible to the payor and includable as income to the payee unless both parties are members of the same household at the time the payments are made after a divorce judgment has been entered.

If judgment has not been entered, the parties can live in the same household and the payments can be deducted from the payor’s spouse’s income and included in the payee spouse’s income based on their written agreement.

If you are wondering about the tax consequences of your Spousal Support award, contact Attorney Binoye Jos, for a consultation at (714) 733-7066.