Cathy Shanelaris to receive Marilla Ricker Achievement Award

Posted by on July 25, 2018 in Uncategorized

Congratulations to our friend and colleague, Cathy Shanelaris on being selected as the 2018 recipient of the Marilla M. Ricker Achievement Award from the New Hampshire Women’s Bar Association.  Cathy works tirelessly for the advancement of women in the profession and this recognition is so well deserved.  Congratulations Cathy! Congratulations to the 2018 Marilla M. Ricker Achievement Award Recipient: Catherine E. Shanelaris,...

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Big Changes In Tax Law Bring Big Changes for Divorces

Posted by on January 16, 2018 in Alimony, Collaborative Law, Divorce, Family Law, Uncategorized

  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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FREE CONSULTATION NIGHT

Posted by on August 3, 2016 in Collaborative Law, Family Law, S&S Firm News, Uncategorized

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...

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Facebook Posts Can Land You in Jail

Posted by on October 26, 2015 in Criminal Law, Family Law, General Law, Parenting Rights & Custody, Restraining Orders, Uncategorized

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...

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