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Can spousal support affect my taxes?

by Fischer & Van Thiel, LLP

 Mike’s Answer: Spousal support is tax deductible for the party who pays it and is taxable income for the party who receives it. The federal IRS tax code spells out eight requirements for payments to be considered alimony/spousal support. If…

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How long do temporary restraining orders last?

by Fischer & Van Thiel, LLP

 Mike’s Answer: Temporary restraining orders initially cannot be issued for more than twenty-one days. The other party is entitled to have a hearing within that period of time. However, once that other party appears in court, as is common, they…

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Why should I use an attorney for a temporary restraining order?

by Fischer & Van Thiel, LLP

   Mike’s Answer: Anything an attorney can do, you can technically do yourself. However, a good trial attorney prosecutes/defends restraining orders on a regular basis and knows the criteria the courts are looking for. If you truly need an order,…

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How is a military pension divided in a divorce?

by Fischer & Van Thiel, LLP

 Mike’s Answer: Divorce proceedings are conducted by state courts and they can divide military pensions. The federal Uniformed Services Former Spouses’ Protection Act (USFSPA) allows (but does not mandate) state courts divide military retirement pensions upon divorce, legal separation or…

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How are disability payments to a military veteran handled in a divorce proceeding?

by Fischer & Van Thiel, LLP

 Mike’s Answer: The federal Uniformed Services Former Spouses Protection Act (the “USFSPA”) permits divorce courts to award ex-spouses of service members part of “disposable retired pay” (the retired pay available (after necessary deductions) based on salary and years of service)….

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What is the Service members Civil Relief Act (SCRA) in a Military Divorce?

by Fischer & Van Thiel, LLP

 Mike’s Answer: The SCRA was enacted in order to help protect service member’s rights if and when they are called to active duty. It protects regular service branch members, in conjunction with members of the Coast Guard serving on active…

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Law Practice Areas

  • Family Law
  • Divorce Law
  • Child Custody
  • Child Support
  • Spousal Support
  • Paternity Law
  • Prenuptial Agreement
  • Domestic Violence Law
  • Juvenile Court
  • Adoption Law
  • Estate Planning Law

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Mithila Parker
Mithila Parker
Going through my custody battle was very emotionally trying. I was lucky to have choosen Fischer & Van Thiel to help me ...

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Kaylee Victoria
Kaylee Victoria
I wanted to take a moment and thank Mike Fischer my divorce attorney for all that he did for me. He made ...

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Gabriel Dylan
Gabriel Dylan
My wife and I started our divorce over two years ago, and I was at a stand still with my wife and ...

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David Sebastian
David Sebastian
I was dealt with a man for over 2 years who was only concerned with breaking me and reducinghis support payments fo ...

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Elizabeth Mila
Elizabeth Mila
Thank you Mr. Fischer!!! I would and have recommended this Michael Fischer to friends. I had a very difficult divorce/child custody. He ...

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Thomas Zachary
Thomas Zachary
I was very happy with Mr. Fischer and his team! They helped me in a time of crisis and made sure the ...

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Fischer & Van Thiel, LLP

2100 Palomar Airport Rd Ste 214-18
Carlsbad, CA 92011

(760) 722-7669

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Carlsbad Family Law Attorneys Office Location for the Fischer & Van Thiel, LLP Family Law Firm at 2100 Palomar Airport Rd. Ste. 214-18 Carlsbad, CA 92011.
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