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Law Offices of Tracey C. Wapnick
Serving families throughout the Bay Area


January 4, 2018 by Alice P. Cheng

Free Shuttle to Hayward Hall of Justice

Alameda County is now offering a free shuttle from Hayward BART to Hayward Hall of Justice.

More information here:

December 27, 2017 by Alice P. Cheng

Deductibility of Spousal Support (or "Alimony")

Did you know that the recent tax overhaul affects the way that spousal support is treated by the IRS? The Tax Cuts & Jobs Act of 2017 included a repeal of the alimony tax deduction.

Currently, spousal support is deductible by the payor spouse, and treated as income to the payee. This type of income shifting sometimes results in the maximization of dollars, where a payee spouse would be able to claim the support payments as income at their (presumably) lower tax bracket, while the payor spouse would be able to lower their taxable income by deducting the payments.

For agreements executed after December 31, 2018, the payor spouse cannot deduct the alimony payments, and the payee spouse will not need to list the payments on their return. This includes support modifications that take place after December 31, 2018. Spouses may have an incentive to resolve their issues in 2018 to before the repeal takes effect.

What about California's Franchise Tax board? How will the FTB treat spousal support? Currently, alimony and similar payments from a spouse or former spouse are taxable to the payee in the year received. The payor may take a deduction for these payments so long as certain requirements are met. It is unclear whether the California legislature will make any changes to California law considering the changes in the federal law.

At this stage, it is unclear how the difference in California versus federal tax laws will affect payee or payor spouses. Many unanswered questions remain - stay tuned.

December 4, 2017 by Tracey C. Wapnick

Wapnick Family Law Attorney Honored with Distinguished Service Award

Please join us in congratulating our associate attorney, Alice P. Cheng, for receiving the Distinguished Service Award by Alameda County Bar Association (ACBA) for her work with the Barristers Section. Alice has been a member of the ACBA Barristers Board since 2015. She has served as the secretary, vice chair, and chair. She will serve again as the chair for 2018, and will continue in her role as an ex-officio member of the ACBA Board of Directors. Alice also regularly volunteers for Volunteer Legal Services Corporation (VLSC)'s pro bono programs, including CLASP, family law day of court program, and the Oakland family law clinic. The award recipients will be honored at the 2018 Installation and Distinguished Awards Dinner on January 25, 2018. We are very proud of Alice's contributions to our legal community!

More information about the Installation and Awards Dinner here:

Distinguished Service Awards

November 10, 2017 by Alice P. Cheng

Mandatory Waiting Period for Divorce

We are often asked, "how long will it take for my divorce to be finished?" Did you know that California has a mandatory waiting period of six months plus one day? This means that the termination of your marital status cannot happen any sooner than that time frame. While it is possible to reach an agreement on all issues with your spouse sooner than the six months plus one day time frame, it means that you will remain married until the termination date arrives.

Other factors will affect the time frame for your divorce. This includes the complexity of your case, and the likelihood you will be able to reach an agreement with the other party. The more acrimonious the relationship, the more difficult it will likely be to settle your matter. Another considerable factor is the lack of funding in our public courts. Family law courtrooms are often overcrowded with heavy caseloads. As a result, you may experience a significant delay in obtaining hearing dates, especially if your matter must proceed to a court trial due to an inability to settle.
These are issues that our attorneys anticipate and are prepared to help you navigate. A consultation with one of our attorneys will provide you with a reasonable expectation as to the timing and complexity of your matter. Contact us today.

October 19, 2017 by Alice P. ChengCLASP Volunteering

Our attorneys volunteered at the Alameda County Bar Association/Volunteer Legal Services Corporation's Community Legal Assistance Saturday Program (CLASP). It is a legal clinic that is held the first Saturday of each month at the Alameda County Law Library. We joined volunteer attorneys from many practice areas, including immigration, real estate, employment, personal injury, and bankruptcy. Together, we assisted many self-represented litigants in navigating their family law matters. The attorneys of our office also regularly volunteer at the courthouse and at other family law clinics. As individuals and as a firm, we are committed to furthering the goal of ensuring equal access to the justice system.

July 7, 2016 by Alice P. Cheng

We've moved!

We have recently moved our offices from Oakland to Walnut Creek.  We are now located at 101 Ygnacio Valley Road, Suite 201.  Our office is very easily accessible by car and by BART.  Please call our office today for more information.

Call 800-491-1483 Or Send An Email To Schedule An Appointment

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