I WANT TO GET DIVORCED BUT DON’T KNOW HOW TO GET STARTED By Attorney Cathy Shanelaris I often hear from my clients that they had thought about getting divorced for a very long time, but did not do anything because they did not know how to get started. It seems overwhelming to think about what to do and how to get started when someone is not sure where and when to start the divorce process. The easiest and best step to take is to have a consultation with an attorney. Information is power and scheduling an appointment with an attorney to discuss the process, your rights and your obligations in a divorce is the best way to get moving forward. During the consultation, we discuss the following topics with potential new clients: (1) We discuss what the right divorce process may be for you. There are several ways to get divorce which including the traditional way of filing with the court, the use of mediation, agreeing to use the collaborative divorce process (https://collaborativelawnh.org) and other methods of settlement negotiations. (2) The division of the parties’ assets and debts. This includes dividing of financial accounts and retirement accounts, can you stay in your house or sell your house, health insurance continuation, life insurance continuation, filing federal and state taxes post-divorce and discussions of the law surrounding college expenses for children. (3) Parenting plans and parenting schedules for minor children which includes a post-divorce parenting schedule, vacation and holiday schedule for each parent with the children and other issues that may be relevant like moving to another town or state after the divorce. (4) Child support and alimony. We discuss the formula for obtaining child support and the amount a parent may receive in child support or the amount a parent may pay in child support. New Hampshire also has a new alimony law. Alimony is spousal support paid by one spouse to another and we discuss whether someone is entitled to alimony and for what period of time it may be payable or whether someone will need to pay alimony to his or her spouse. The consultation may last an hour to 1.5 hours and it is a great way for a person to get information about what to expect if he or she moves forward in the divorce process. The consultation is an invaluable way to learn about how to get divorced, what you may be entitled to during the divorce, how assets and debts are divided, how your children may be affected and whether you pay or receive child support and/or alimony. It is well worth taking the time to learn about what to expect before you begin the divorce process. Many times our clients have said they feel so much better about starting the process after they have spent time discussing what to do and how to...
Read MoreCongratulations to Jane Schirch
Congratulations to Jane Schirch Many congratulations to our friend and colleague, Jane Schirch, who is the 2019 recipient of the NH Collaborative Law Alliance John Cameron Memorial Award. Jane is the forth annual recipient of this award since its creation in 2015 to honor the memory and work of Attorney John Cameron. Jane was honored at the NHCLA annual meeting held on September 26, 2019. T he Cameron Award is given annually to a member of the NHCLA who embodies the spirit and practice of collaborative law. Jane demonstrates the qualities that John embraced in his practice to promote the tenants of the collaborative law practice and to maintain respect and dignity for families during divorce and separation. During Jane’s entire career, she has embraced the practice of collaborative law to keep divorce and parenting matters focused on parents and children, maintain the priorities of the family and to minimize the impacts of divorce and separation. From all that she does through her work in collaborative law, in helping other attorneys who call our office with questions, in teaching, in her parenting coordinator and mediation trainings, Jane always reflects the idea of working together with others to create something great. Jane is a current member of the NHCLA Board of Directors. Shanelaris & Schirch is proud of all Jane’s accomplishments and congratulate her on this...
Read MoreBig Changes In Tax Law Bring Big Changes for Divorces
The Tax Cuts and Jobs Act of 2017 (the new tax law) was signed into law by President Trump on December 22, 2017. Some of the changes from the law go into effect on January 1, 2018 and will affect the tax filings for the 2018 taxable year. Notable changes that will affect divorcing spouses and parents are as follows: No more claiming your kids as tax deductions. Effective for the 2018 tax year, parents can no long claim their children as dependents for the purpose of deducting them on their taxes. This change will certainly modify divorce orders and agreements as parents no longer will need to agree about who will claim the children on their taxes each year. However, while Congress has taken away the ability for parents to claim your children on their taxes, it did double the child tax credit from $1000 per child to $2000 and allow parents to alternate this deduction for children each year. All divorce agreements and orders after January 1, 2018 should contain language for how parents will claim the child tax credit. Congress also allows all taxpayers earning up to $400,000 to claim the child tax credit, an increase from the prior cutoff income level of $110,000. Alimony payments are no longer deductible by the payor. Beginning with the 2019 tax year, for all divorce agreements signed after December 31, 2018 and later, those who pay alimony can no longer deduct alimony as an itemized deduction. Those receiving alimony no longer have to claim alimony as income and will not be taxed on the payment of alimony to them. This is a significant change. According to the United States Census Bureau, 243,000 people received alimony in 2017. This law change will speculatively could impact divorce negotiations with couples arguing about whether alimony should be paid when there is no longer a tax benefit to the payor. It appears that the IRS will allow all ex-spouses who modify their alimony to follow the 2017 tax law in claiming alimony as a deduction for those that pay it and having those that receive alimony claim it as income so long as their agreements or orders specifically state that they wish to follow the old tax law and the decree or agreement was made before December 31, 2018. The new tax law eliminates many itemized deductions. Starting with the 2018 tax year, the new law maintains deductions for charitable contributions, retirement and student loan interest but eliminates other deductions. The law limits how much a taxpayer can deduct from property taxes as well. However, Congress has doubled the standard deduction for individuals from $6,350 to $12,000 and for married couples from $12,700 to $24,000. Parents can use 529 education plans in creative ways. The new law allows parents to use up to $10,000 per year per child in funds in a...
Read MoreFREE CONSULTATION NIGHT
Shanelaris & Schirch is hosting a free consultation evening on Wednesday, August 31st from 5:00 to 8:00 p.m. Come in for a one-on-one free consultation with one of our highly skilled and experienced attorneys. Get immediate information and free legal advice. Consultations will be scheduled for 30 minutes between the hours of 5pm and 8pm. Call 594-8300 to reserve your time now to talk with the attorneys about your family law or divorce law concern. We look forward to the opportunity to...
Read MoreFacebook Posts Can Land You in Jail
This year the New Hampshire Supreme Court upheld a conviction of a man for stalking, criminal threatening and witness tampering based on his Facebook posts. In the case of State of New Hampshire v. Brian Craig (https://www.courts.state.nh.us/supreme/opinions/2015/2015011craig.pdf ), Mr. Craig was found guilty of these charges after a series of posts directed at one specific victim. The victim worked as a bartender and waitress at a restaurant that Mr. Craig and his friends frequented. Mr. Craig tried to have a relationship with the victim which she declined. He began writing letters to her and the victim found the letters threatening and intimidating. The victim contacted the police and the police served Mr. Craig with a stalking warning letter. After receiving warning letter, Mr. Craig sent another written letter to the victim. The victim then obtained a domestic violence protective order. After receiving the restraining order informing him he was to have no contact with the victim, Mr. Craig began posting a series of comments on his public Facebook page. The victim had not friended Mr. Craig but found his posts through a Facebook search because the comments were public. After reading the posts, the victim called the police. Mr. Craig was arrested for the criminal charges including violations of the restraining order. Mr. Craig defend himself by saying that he had not named the victim specifically by her name in his posts and did not send her the messages directly – the comments were merely posted on his public profile page. However, the Court found that Mr. Craig had specifically told the victim he had put comments on his Facebook page. When he did this, he was directing the communications to her. Mr. Craig had no other logical reason to make the posts on his Facebook page. The Court found that Mr. Craig was specifically trying to communicate his comments to the victim. The Court found that the comments were meaningless to anyone else except the victim and the intent was to stalk and threaten the victim. When posting to Facebook, be aware that public comments can make a personal legally responsible for the comments made. It is best to vent any negative comments to your friends and in your private off-line diary and not on Facebook or any other social...
Read More