David John Luca’s Guides

David John Luca

San Jose Divorce / Separation Lawyer.

Contributor Level 8
  1. The Tax Aspects of Spousal Support and Child Support

    Written by attorney David Luca, 8 months ago.

    Litigants will often enter into spousal and child support orders without being fully aware of the tax implications. Additionally, an often neglected issue in spousal and child support is the tax exem

    1 person found this Legal Guide helpful

  2. The Cancellation of a Lease due to Domestic Violence

    Written by attorney David Luca, 8 months ago.

    Civil Code Section 1946.7 is another legal protection afforded to victims of domestic violence. The law generally provides that the victim of domestic violence may terminate a lease agreement to whic

  3. Establishing Paternity

    Written by attorney David Luca, 8 months ago.

    An interesting component of our Family Law system is how the Court establishes “paternity.” The establishment of paternity through a formal Judgment is the first step in (1) adjudicating a father’s c

  4. Can My Child Testify in Court?

    Written by attorney David Luca, 8 months ago.

    Family Court has an unwritten rule that children should rarely, if ever, be forced to testify. By placing a child on the witness stand, an attorney is forcing that child to “choose” between parents;

  5. Hardship Deductions and Child Support

    Written by attorney David Luca, 8 months ago.

    A hardship deduction is defined by Family Code Sections 4070 through 4073 and applicable published appellate Court decisions. A hardship deduction operates as a deduction from the qualifying parent’s

    1 person found this Legal Guide helpful

  6. The Hatfields and McCoys

    Written by attorney David Luca, 8 months ago.

    Civil Court has been lucky enough over the past few years to handle the Civil Harassment calendar. Civil Harassment lawsuits are commonly full of neighbor disputes, former friends turned foe and othe

  7. Will Family Court Restraining Orders Become Obsolete?

    Written by attorney David Luca, over 2 years ago.

    A determined number of local Santa Clara County District Attorneys recently united and persuaded our legislature to pass a new law that would change the way in which criminal Courts issue protective Orders for domestic violence cases. Effective January, 1, 2012, a criminal Court ...

    1 person found this Legal Guide helpful

  8. Pitchess Motions in a Family Law Action

    Written by attorney David Luca, over 3 years ago.

    Police personnel files containing prior disciplinary actions against an officerare confidential and protected from indiscriminate disclosure.However, aprocedure exists for the disclosure of confidential police personnel files in the context of a criminal prosecution.The basis fo...

    1 person found this Legal Guide helpful

  9. The Annulment

    Written by attorney David Luca, almost 4 years ago.

    Nearly everybody understands the legal significance of obtaining a Judgment of divorce. However, a Judgment of annulment is something that very few people experience. Although procedurally similar to a divorce, an annulment does not culminate in the termination of the legal relat...

    5 people found this Legal Guide helpful

  10. The Child Support/Spousal Support Interaction

    Written by attorney David Luca, almost 4 years ago.

    In Dissolution cases involving children, the Court will likely Order a combination of child and spousal support upon request of a party. This is not necessarily earth-shattering news. However, the amount and duration of spousal support after a long-term marriage (10+ years) is al...

    1 person found this Legal Guide helpful

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