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Martha Raye: Bigger than Henry VIII in Divorce, Marriage

Singer and actress Martha Raye, honored for her tireless work with the troops in WW2, had <a href="https://en.m.wikipedia.org/wiki/Martha_Raye">seven marriages, lasting between 4 months and 9 years and averaging 3.5 years. She had 6 weddings in 19 years, 1937-1956. After her 6th divorce in 1960,</a> she abstained from marriage, or maybe marriage abstained from her,  until 1991.  She died in 1994, at 78 years old and still married and living with her husband,  and was buried with military honors at Fort Bragg, North Carolina. 

 

Forbes & "Above the Law" get one wrong -- there's no tax on divorce settlements

"Examples of settlements facing tax on 100% include recoveries ... from your ex-spouse for claims related to your divorce or children," tax lawyer Robert Wood wrote in Forbes recently. "Defamation, financial fraud, divorce, malpractice, false imprisonment — clients will be paying taxes on 100 percent of their recovery on all of these." --  Joe Patrice blogged at Above the Law. 

Nope. What you get in a divorce is not taxable as income, and that is absolutely unchanged in the new tax act. Tax Code Sections 102 and 1041 ensure that. They do so by treating a divorce settlement as a "gift", which is mostly wrong, archaic, and insulting to women, but it gets the job done. As the IRS's guide to all things divorce-related, Publication 504, puts it, 

"Property you receive from your spouse (or former spouse, if the transfer is incident to your divorce) is treated as acquired by gift for income tax purposes. Its value isn’t taxable to you."

The latest edition of Publication 504 is from before the 2017 tax reforms, but again, the relevant parts of tax law weren't changed at all.

New Tax On Lawsuit Settlements -- Legal Fees Can't Be Deducted

By Robert W. Wood in Forbes

Tax Law’s Latest Victims: Our Clients

 


Judicial independence is threatened because self-satisfied courts & lawyers don't listen, don't explain, don't adapt to public's needs

So says Jesse Rutledge of the National Center for State Courts in Williamsburg, Virginia, based on the Center's annual surveys of public opinion about the courts, and decades of working on how the courts interact with the population:

"It’s really easy to blame efforts to erode the independence of our courts exclusively on shrill politicians or the fragmented news media. ... With all this outside pressure, is it any wonder that public trust in the courts—the stock and trade that underpins the ability of the courts to be independent—continues to erode?

"Unfortunately, those of us on the inside of the system may have myopia. ...  The data shows that Americans who have had direct interactions with courts trust the judiciary less than those who haven’t. Put differently, those who come to our courthouses aren’t as impressed with what they see as we are with ourselves.

"... Courts must take swift action to improve customer service, simplify forms and processes, and move as much of their routine business online as is practicable for their community. Americans perceive judges and the lawyers who appear in their courtroom as sharing an interest in delay, and at the same time an increasing number feel they are being shut out of the legal system entirely. Simplifying byzantine forms and procedures could go a long way to allowing more people to help themselves. ...

"Americans are sending a clear message about their courts. They don’t need another lecture on the virtues of jury service. Instead, they want courts that are accountable, connected to their communities in meaningful ways, and where they are able to take care of routine business expeditiously. Court users—whether they are litigants, jurors, or those seeking to pay for a traffic infraction or to file a simple form at a clerk’s window—should be placed in the middle of every equation, not treated as an afterthought."

Supporting independent courts—from the inside out


Divorce/separation not affordable for Bay-area lawyers, other professionals, so here's what they do:

Bay area couples who separate or divorce are increasingly sharing a home for economic reasons,  Amy Graff  writes in SFGATE. The example she leads with includes a lawyer in private practice. For actual separation to be affordable, at least one parent would have to move so far away that caring for, and transporting, the children would be unworkable. And this arrangement is actually optimal for the children, when the parents can remain civil with each other, she says after looking at several couples who are doing this.

The Bay Area is so expensive divorced parents can't afford to live separately:

A perspective from Mommy Files' Amy Graff

SF Gate, May 8, 2018

via Family Law Prof Blog