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Matthew J. Rudy

Matthew J. Rudy

Matthew J. Rudy is the founding attorney of The Law Office of Matthew J. Rudy. A San Jose native, Matthew has been providing family law solutions throughout Santa Clara County and the greater Bay Area since his graduation from the Santa Clara University School of Law in 2007.

Posted by on in Spousal Support

Spousal Support Tax Issues

Divorce is a time of transition and change. Spouses move out of the marital residence, custodial schedules change, property is divided and spousal support orders are implemented by agreement or by Court order. Spousal support, as defined by the Internal Revenue Code, has tax implications for both the payor and the recipient.

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How you break the news to your children can make a big difference in how they cope with the separation or divorce, as can the conduct between spouses during the process.

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Posted by on in Divorce

When a person files for divorce, either spouse can request spousal support. Spousal support is a “legal obligation on a person to provide financial support to their spouse after marital separation or divorce” (Wikipedia). There are many factors that go into the determination of spousal support. Some of these factors include: length of marriage, length of separation, age of the parties at time of the divorce, relative income of the parties, future financial prospects of the parties, health of the parties, fault in marital breakdown, debts and property, education, domestic violence history, and tax impact of spousal support (http://www.leginfo.ca.gov).

There are 2 basic types of support: Temporary and Permanent. Temporary spousal support is awarded prior to entry of the final judgment. The purpose of temporary support is to maintain the “status quo” of the parties until the judgment. The purpose of the permanent support is to provide financial assistance to one spouse once the community property estate has been divided. A general rule is that spousal support will last for half the length of a marriage, if the marriage was less than ten years in duration. In marriages of more than ten years in duration the Court has increased discretion with regards to the term of the spousal support obligation.

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Many people turn to prenuptial agreements as a form of divorce insurance designed to protect them from the worst effects of a divorce. Celebrity Harrison Ford was not one of them, at least during his first marriage. As a result he was ordered to pay ex-wife and screenwriter Melissa Mathison $90 million during their divorce. More recent celebrities seem to have learned Harrison’s mistake and have reportedly worked some interesting provisions into their prenuptial agreements.

Jessica Biel & Justin Timberlake

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Posted by on in Child Support

Child Support Guidelines

In any family law case involving minor children, the issue of child support is likely to be the subject of significant focus. Child support is based on the policy that both parents have an obligation, both legal and moral, to financially support their children regardless of the parents custodial rights. As a legal matter child support includes the financial support of children and not other forms of support, such as emotional support, physical care, or spiritual support.

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Posted by on in Divorce

Valentine’s Day is regarded by many as the most romantic day of the year.  People often enjoy celebrating this day by proposing to their significant other. While most engagements will lead to a marriage, some engagements do not make it to the altar and result in significant battles over the engagement ring. This blog addresses who owns the engagement ring after a failed engagement in California and throughout the United States. Although etiquette rules that an engagement ring should be returned when a wedding is called off regardless of whom broke the engagement, the legal system has differing opinions on this issue.



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Posted by on in Divorce

Divorce can be a highly emotional process and people going through a divorce do not always act rationally. This may help to explain some of the interesting settlements between former spouses addressed below. Forget child custody, what happens when a couple has shared possession of a goat? Have a look at 10 examples of offbeat divorce settlements.

1. Now That's a Breakup Record

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The U. S. Department of Justice, National Institute of Justice and Centers for Disease Control and Prevention reported that nationally nearly one in every four women are beaten or raped by a partner during adulthood. The report further stated that 1 in 6 women and 1 in 33 men have experience an attempted or completed rape. These issues are a problem throughout the country including in California. The statistics that follow highlight the extent of the problem in California.

Abuse in California – Rates of Domestic Violence

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Posted by on in Divorce

The new year is upon us and divorced parents may be considering their New Year's resolutions. Being a single parent or co-parent is hard, but identifying a few key areas that could be improved will help both the parent and child(ren).

Avoid common mistakes

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Managing the holidays when you are married with children definitely takes some finesse and strategy.  Sometimes just the negotiating where to go can be rough: “Should we alternate years for Thanksgiving and so on?"  Or "Do we visit one house, then the other if we live in the same town?”  Forget simplicity if both families live out of town. 

Once you add a divorce and shared child custody to the equation holiday planning gets even more complicated and difficult.

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What if you have no children on which to focus during the holidays? How does a newly single person make sure they have a good or even great post-divorce holiday season? Below are a few suggestions to better enjoy the holidays now that you are on your own.

How to Survive Your First Post-Divorce Christmas:

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Getting Through The Holidays During A Divorce

The holidays should be time of joy and family gatherings. While going through a divorce has profound effects on one’s outlook towards the holidays with the proper outlook and planning it is possible to enjoy the holidays even while going through a divorce. During the holiday season we will be providing some helpful tips to ease the stress of the holiday season.

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Posted by on in Divorce

As American society has evolved in recent years so have divorce rates. The most recent report from the U.S. Census Bureau released in 2011 and utilizing 2009 data indicates that divorce rates have continued to rise in recent years. Below we review some of the numbers and discuss factors involved in this evaluation.

Here are some statistics from the CDC and U.S. Census Bureau:

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Messiest Celebrity Child Custody Battles

One of the most overlooked aspects of divorce is child custody issues. People going through divorce can become focused on their own issues, emotions and problems and lose sight of the child or children affected by the divorce. The news tends to focus on sensational custody battle. The seven celebrity custody battles discussed in this blog certainly qualify as sensational.

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10 Celebrities Who Were Victims of Domestic Violence

                Domestic Violence comes in many forms; emotional, physical and financial, and it can be perpetrated by either partner in a relationship. Instances of abuse happen more often than we would like to think. According to the Domestic Violence Resource Center, “one in four women has experienced domestic violence in her lifetime.” Statistics of men’s abuse is scarce as men are less likely to verbalize the abuse, due to cultural norms. Many celebrities have been victims as well. In the wake of a well-publicized recent incident involving Hope Solo, of the U.S. Women’s National Soccer team and her fiancé former NFL tight end Jerramy Stevens, here is a list of 10 celebrity victims of domestic violence:

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Parenting Tips for Couples Going Through a Divorce

Divorce affects the spouses, but also their children. When getting divorce it is normal to be preoccupied and focused on your own issues and concerns but bear in mind that your actions can have lifelong consequences for your children. Divorce only dissolves the marriage, not the familial relationships.

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The Top 10 Most Expensive Divorces of All Time

                Divorce can be a trying, frustrating and expensive process for anyone. Just how expensive a divorce is may depend on the assets being divided. Here are the 10 largest divorce settlements according to thisismoney.co.uk:

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