Collaborative Divorce During Covid – Attorney Schirch’s Nov. 2020 Article Published in the NH Bar News
Click to read Attorney Shirch’s Article in the Bar...
Read MoreCollaborative Practice in Family Law
Attorney Jane Schirch’s published article on collaborative...
Read MoreThe Strength of the Collaborative Team
The Strength of the Collaborative Team Many people choose to engage in the collaborative process for many reasons. One of the reasons I hear over and over again from clients that have chosen this process is that the strength of the team is one of the greatest benefits, but what does that really mean. When you choose to divorce using the collaborative process, it means that you not only have your attorney representing you, but you also have two additional neutral professionals. The financial professional is trained and has a background in finance. Many are either certified divorce financial professionals, CPAs, or financial advisers. These professionals have been trained in the many financial nuances and issues that arise in divorce including the implication of tax law changes, how different types of assets are treated to ensure the best outcome for both parties and how to manage debt after divorce. The financial neutral is not representing either party, but working as a team member to support the family and generate options for the best possible outcome for both parties. Similarly, the coach facilitator also works in harmony with the financial neutral and both attorneys to ensure that the case is proceeding smoothly. Because the collaborative divorce operates outside the oversight of the court’s case management system, the coach facilitator acts as a kind of case manager for the process. Ensuring that the team stays on task, the parties use their time in meetings efficiently and effectively and most importantly manages the emotion between the divorcing couple so that they can stay on task, focused on obtaining the best possible result for their family. While this role is frequently undervalued by parties, as a professional I have witnessed numerous families fall into the trap of spending hours arguing over a particular issue, those issues are often simply the focal point of an underlying deeply emotional concern. Having a coach facilitator able to work with the parties in order to recognize those emotional triggers, helps to keep them at bay and move the process forward to a more equitable and cost effective resolution. ...
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...
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