Divorce Last Minute Loophole

For anyone that is still facing the December 31 deadline for filing here’s some possible relief from some of that anxiety.

A lot of people have come to Peace Talks worried, in part, about the alimony change in the new tax laws and what they have to do by December 31 to maximize their benefits going into 2019. There may be a way to avoid spoiling your holidays by having to deal with a mountain of paperwork. It’s not for everybody but it may work for you and Peace Talks can help you determine if it’s the right option for you.

These are some highlights from an article by John Fiske a veteran with 30 years of mediation experience. You’ll need to consult someone to verify that this strategy could work for you and at Peace Talks this is part of what we do every day.

“We can only imagine the conversations we will be having in December with clients who call us looking for a divorce and learn they have less than a month to write a separation agreement if they want to preserve the ability of the payer of alimony to exclude the payments from his or her taxable income.  

What if we could write a simple “placeholder” Separation Agreement to be executed before the end of this December, wherein one or both spouses agree to pay a defined amount a month to the other as alimony subject to an agreement of modification which defines all the terms of their divorce, including the alimony agreement, in a Separation Agreement to be filed in court in 2019 for approval?”

“Section 11051 of the TCAJA reads as follows: The amendments made by this section shall apply to any divorce or separation instrument executed on or before such date and modified after such date if the modification expressly provides that the amendments made by this section apply to such modification.”

“Since Section 11051 states that any divorce or separation instrument executed before December 31, 2018 is not affected by TCAJA and such an Agreement may be modified after that date, all that is needed is the signed Separation Agreement.”

“So the clear language of TCAJA does not require court approval or a divorce filing in court before December 31, 2018 if you have a written separation agreement that preserves the alimony exclusion. This step appears to satisfy the federal statute and gives people time to work out a sensible Separation Agreement without ruining their holidays.

Based on this analysis I will be suggesting to my mediating clients that if they want to have taxable and excludable alimony in their Agreement they consider writing a simple divorce or separation”

“You should sleep better knowing that you need not take away any remaining holiday spirit and activities in order to rush to sign more than a Separation Agreement before the end of 2018.”

Read the entire article here

Helping Reunite Border Families

by Stephanie Maloney

Helping Reunite Border Families - Reunite Families - Los AngelesWe were at a local demonstration piling our donation of blankets in with the flood of relief materials from supporters as frustration ran deep throughout the crowd. Our pics are on Facebook but I wanted to pass along some other ways for us to actually “do” something about this nightmarish situation.

This is from my friend Jonathan Verk cofounder of coParenter describe the trip:

75 neighbors, friends and community activists are on our way home from San Diego. And what an absolutely powerful trip it was!

We did it! We delivered 200 toys, blankets, necessities and other items to their children currently being held at Casa San Diego detention center!  By the Time we arrived at the detention center, we had basically no confidence that we would be let in. After all we’ve seen on the news- and everything we’d been told, we didn’t even think they’d let us near the gate. Politicians, authorities—  even clergy haven’t been let near the gate!  we were told by everyone not to bother.

But honestly… I’m not that great at listening.

We parked across the street, about 40 yards down the block. We were explicitly told that any sign of protesters would force the facility to put the kids in ‘lock down’, which- as it sounds, probably sucks. So, One of my fellow protesters and I walked two huge boxes and an envelope full of letters of hope, written by kids- to the kids on the inside.

We walked up to a very industrial looking, tarp-covered fence and very calmly rang the buzzer. Nothing. We rang again… nothing. We rang it 7 more times— and then started strategizing how we could lift the boxes over the fence and gently lower it down the other side.

And then they answered.

A soft voice with a Spanish accent asked “Hello? How can I help you”.  We told them that we’re just some kids from LA who came to drop off some toys, would they let us leave them for the kids….

Silence. A staticky click. And then the voice came back… “we’ll be right out”.

The lady (wouldn’t give us her name) looked friendly but exhausted. Clearly, It’s been an emotional, hard week for them (YES- the kids have it worse, but this poor woman didn’t sign up for this insanity either).

We explained what we were doing and why we were there… and after a minute, she allowed us to brings the toys in. We weren’t allowed to cross the property line (they were afraid they’d get ‘caught’ on their surveillance cameras letting us in) and we certainly didn’t meet he kids. But we did share the letters and the toys and the blankets and the absolutely wonderful items that the LA community donated.

It was an amazingly joyous and spectacularly cathartic experience for everyone on the buses.

Thank you to everyone who helped make this ‘Rally to the Border’ so incredible. There’s lots more to share, but right now I wanna get some shuteye.

Because tomorrow is another day…. we’ve got to get some rest… and fight on!

1500 people. 10k toys, books and other items. 75 people down to San Diego on 2 buses.

200 toys delivered to the kids of Casa San Diego!

Below is a link to a great article (Melanie Gleason) about sources of help that you can contribute to that also provide legal help “on the ground” along the border. This, especially as Gleason points out, President Donald Trump’s executive order on Wednesday trades family separation for indefinite detention of children.”

You can call your members of Congress through the U.S. Capitol switchboard at 202-224-3121

What You Can Do To Help Families Separated At The Border

Rallies For The Right Thing

Here is some info about the national day of rallies taking place for people that want to be seen and heard about the families being separated at the border.

Let them know that this is no way to run our country.

Thanks to powerful public pressure, the Trump administration has been forced to shift its outrageous treatment of immigrant children. We have momentum—but we’re far from done.

The executive order that Donald Trump signed today is not the solution. It allows the indefinite incarceration of immigrant families in federal prisons, and there is still no plan to reunify the thousands of families that have been forcibly separated. Which is why we must continue to stand together at hundreds of events nationwide on Saturday, June 30, to say that families belong together—and freeClick here to join the June 30 event near you to Keep Families Together and free and reject Trump’s brutal policies.

Add Your Voice for Families

It’s very difficult to watch any family go through separation anxiety, of any kind, just ask anyone that has dealt with Family Law and Divorce Court.

I’m passing along this email in case you’d like to let the policy makers know that you disagree with this policy and they must immediatelychoose a better option.

In no way is this a solicitation for funds for any organization or group; just one way to speak out against something that is wrong.

I you decide to participate just click on the “Not Michael-Click Here” to bring up a fresh request.

Will you click here to add your name and declare that children and their families belong together? The petition says: “Stop tearing children away from their parents. Families belong together.”

Let’s keep raising our voices to stop this tragedy—and show love and support for these children and their families.

—Natalie Portman