Fall is in the air! In this month's newsletter, we're sharing key resources to help you through the season of change.

Welcome to the September edition of HK Today. This month, we recognize and celebrate the importance of holidays, honoring the diverse cultures and contributions that enrich our society. Additionally, we actively participated in key networking events to strengthen relationships and expand our reach. We are also proud to support empowering initiatives within our community. We look forward to the continued growth and success of our firm. We hope you enjoy this edition of HK Today and stay tuned for more updates and stories throughout the month.

Vivian Tran, Rotary International and Rotary Club of San Jose

We are incredibly proud to recognize Vivian Tran as she begins an exciting new chapter with Rotary International and Rotary Club of San Jose!

Her unwavering commitment to supporting others, fostering teamwork, and achieving outstanding results has made a lasting impact at our firm. Vivian’s passion for service, paired with her strong work ethic, ensures she will continue to be a driving force in both the legal and wider community. We’re eager to witness the meaningful contributions she will bring to Rotary and are confident she will excel alongside others who share her dedication to service.

We look forward to all the ways she will enrich the organization and the community at large.

Labor Day

This Labor Day, we celebrate the dedication and contributions of workers across the nation. Hard work and perseverance form the backbone of communities, driving progress and innovation. As we honor this day, we also recognize the importance of taking time to recharge and reflect on the achievements made throughout the year.

Native American Day

On this Native American Day, we reflect on the enduring strength, resilience, and profound cultural heritage of Indigenous communities. It is a moment we hold to honor the perseverance of Native peoples in reclaiming their narratives and preserving their heritage against centuries of adversity. While we know we never fully make up for what has been lost—souls, land, and traditions—today reminds us of our responsibility to acknowledge that history and work toward a future of justice and respect. As we commemorate this day, we commit to supporting and uplifting future generations as they continue to thrive.

Julia P. McDowell, Partner and CFLS

Wenjia Ma, Senior Associate Attorney

Click to see our latest articles, including the topics of "How Are Custody Decisions Made for Special Needs Children?," "How Long Do I Need to Pay Child Support in California?," and "Who Pays Capital Gain Tax on Property after Divorce."

Custody decisions for special needs children require a tailored approach that goes beyond standard custody arrangements. While typical plans involve joint physical and legal custody with regular transitions between homes and shared decision-making, special needs children often require more specialized care. The custody arrangement must be individualized to address the child's specific needs, which can range from structured routines for neurodivergent children to regular medical care and therapies for those with chronic illnesses or physical disabilities. The goal is to create a plan that ensures the child receives consistent and appropriate care in both homes.

The principle guiding custody decisions remains the child's best interest, but the factors involved can vary significantly depending on the child's condition. A well-crafted custody agreement must account for the unique requirements of the child's situation, such as daily medication, specialized therapies, or a stable environment to reduce anxiety. Working with a family law firm experienced in special needs cases can provide essential guidance in navigating these complexities, ensuring that the custody plan prioritizes the child’s health, stability, and overall well-being.

Find out more in our article: https://hooverkrepelka.com/disabled-child-child-custody/

In California, child support obligations typically continue until a child turns 18, or 19 if they are still a full-time high school student and not self-supporting. However, exceptions exist, such as when a child becomes emancipated, joins the military, marries, or if the child is incapacitated and unable to support themselves, in which case support may continue indefinitely. It's important for parents to understand the duration of their child support responsibilities and to take the necessary steps to ensure their obligations are met and payments cease appropriately when the time comes.

Additionally, while the law does not require parents to support a child through college, parents can agree to share these costs during divorce proceedings. The termination of child support isn't automatic once the child reaches the age threshold; procedural steps must be taken to confirm that all conditions are satisfied and the support obligation has been fully met. Find out more in our article: https://hooverkrepelka.com/pay-child-support-california/

When a couple divorces and divides their marital property, it's essential to consider the potential impact of capital gains tax on certain assets, such as real estate, stocks, and bonds. Capital gains tax is applied when these assets are sold and have appreciated in value since their purchase. The amount of tax owed depends on how long the asset was held and the owner's income level, with long-term capital gains being taxed at 0%, 15%, or 20%. Importantly, according to U.S. tax code §1041(a), property transfers “incident to divorce” do not trigger capital gains tax. However, each asset retains its original cost basis, meaning that property divided between spouses may be taxed differently when sold, based on how much it has appreciated.

After divorce, the spouse who owns an asset will generally be responsible for any capital gains tax if they sell it, unless otherwise stipulated in the divorce agreement. Since jointly filing couples often benefit from more favorable tax rates, it may be advantageous to sell appreciated assets before the divorce is finalized. Additionally, a lower-earning spouse may pay less in capital gains tax than a higher-earning spouse if they sell the asset post-divorce. To minimize future tax liabilities, it's crucial to consider capital gains taxes when dividing property, and working with a tax professional can help ensure both parties make informed decisions about asset division and potential sales during the divorce process.

Find out more in our article: https://hooverkrepelka.com/capital-gain-tax-property-divorce/

Silicon Valley Capital Club's Annual Business Expo

Thank you to everyone who stopped by our booth at the Silicon Valley Capital Club Business Expo! It was an extraordinary evening of networking with sweeping sunset views of San Jose.

Congratulations to those who walked away with raffle prizes, including Laura Hulberg.

We extend our best wishes to everyone we connected with and look forward to seeing the exciting collaborations that emerge from the event.

Photographed below:

Michelle Hoover

Christina Mireles

Beth Williams

Deanne Everton

Raul Bonilla Jr.

Caroline N.

Chrissie Davis

Ryan Van Den Heuvel

Grace Tsang

Eric Sundheim

Tamara Pow

Vivian Tran

Ella Pond

Lunch with the Berliner Cohen, LLP Marketing Team

Our marketing team had the pleasure of sharing an insightful lunch with the Berliner Cohen, LLP marketing team. It was a great opportunity to exchange insights and discuss best practices in legal marketing. We’re excited to build on the momentum from this meeting and continue to innovate in the world of legal marketing!

Ella Pond

Courtney Hartjoy

Danae Myers

Michelle Hoover

Vivian Tran

Rotary International and Rotary Club of San Jose

This month, our community spotlight highlights Rotary International club, a global network of over 1.2 million members committed to addressing some of the world’s most critical challenges. For more than 110 years, Rotary has united neighbors, friends, and leaders to tackle pressing issues such as literacy, disease prevention, clean water access, and environmental protection. By harnessing their passion and dedication, Rotary members create sustainable solutions that promote peace, health, and prosperity within communities worldwide. They work with the belief that creating lasting change requires collective action and a shared responsibility to make a positive impact.

We want to give a special shoutout to our local Rotary Club of San Jose chapter and extend our appreciation to the members within our network who are actively involved. The Rotary Club’s mission isn’t just about solving global challenges—it’s about fostering goodwill, integrity, and understanding within society. Through their efforts, Rotary members provide invaluable service to local economies, education, and communities. Their commitment is a testament to the power of collaboration in creating a brighter future for all.

We look forward to sharing our firm updates every month.

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