Depending upon future events, that reduction in basis may result in a higher tax when and if the new residence is sold. & Tax. Much to the surprise of the New York avant-garde, Bryher, who was the lover of Moore's dear friend, the poet H.D. In dividing the funds in the Gibralter account, however, the trial court apportioned only the $13,839.12 in the account at the time of separation. "There occur to us several considerations pertinent to the determination whether a given payment was in reality in discharge of the paying spouse's duty to support. (See See v. See, supra, 64 Cal.2d at p. 785; cf. The strength of "the natural feelings of mutual affection and generosity presumably attending the marital state" (In re Marriage of Smith (1978) 79 Cal.App.3d 725, 746 [145 Cal.Rptr. 3 To invoke the protection of this section, therefore, husband must prove both (a) that the spouses separated by agreement, and (b) that this agreement contained no provision for support. We agree with wife that the court's division of community property should take account of any taxes actually paid as a result of the court-ordered sale of the residence, but explain that this result can be achieved merely by construing the trial court's order, without need to posit error by the court below. Furthermore, because of the power dynamics in a patriarchal society, Moore felt that such a bond can severely constrain a woman's potential, particularly if the woman is a free thinking, creative artist. Thank you for taking part in this important research study on arranged marriage. Where the court order does not specify whether or not reimbursement is to be had or where the payment made was not required by a court order, the determination will be made on the basis of the relevant facts and circumstances. Ed. 3d 76, 84-85 [154 Cal. fn. We cannot accept husband's contention that an award of support beyond his mandatory retirement date (July 1, 1984) would conflict with the equal division of community property requirement of Civil Code section 4800, subdivision (a). Heuving, Jeanne, Omissions Are Not Accidents: Gender in the Art of Marianne Moore, Detroit, Michigan: Wayne State University Press, 1992. The present case does not involve the use of separate property to pay community debts, and instead involves the reimbursement to the community for the exclusive use of a community property asset by one … 94]), we cannot agree with wife's contention that the trial court here abused its discretion in failing to provide her with support sufficient to maintain her past standard of living. We state briefly our conclusions with respect to the issues raised. Civ. Count New York’s marriage equality law as one more tool exploited by now-deceased sex predator Jeffrey Epstein. Epstein is also known for his philanthropic actions. The sham lesbian couple lived at one of his apartment at 301 E. 71st St. 8 the Court of Appeal [24 Cal.3d 88] rejected his contention and directed that "in order to equalize division of the community property, [husband] should pay one-half of the capital gains tax caused by the transaction." [4b] 5. 3.). Whether this evidence is sufficient to prove an implied contract for support is an issue for the trial court. 5 which may turn on the subsidiary questions whether the parties separated "by agreement" (Civ. Moreover, Jesse has performed under the name Imaginary Future. We therefore perceive no alternative to remanding this case to the superior court for additional findings. The trial court rendered no finding on either point, and the evidence adduced on the matter is equivocal. Payment of a debt, of course, may constitute payment of spousal or child support. From Encyclopedia of American Poetry: The Twentieth Century. Backed by rabbis worldwide, he and his wife, Gitty, have helped hundreds of individuals and couples create mutual understanding, healthy communication, deep connection, and growing intimacy in their marriage. Moreover, Jesse has performed under the name Imaginary Future. Critics have noted that several crucial events in Moore's life caused the subject of matrimony to be personally vexing to her and helped spark the composition of "Marriage." fn. 1 led us to conclude that the husband acts with a donative intent that transmutes his separate property into community property. We conclude that the trial court abused its discretion in divesting itself of jurisdiction to amend spousal support after April 15, 1981. fn. Lonnie and Betty Jeffries were married on September 5, 1971. Martin, Taffy, Marianne Moore, Subversive Modernist, Austin: University of Texas Press, 1986. Miller, Cristanne, Marianne Moore: Questions of Authority, Cambridge, Massachusetts: Harvard University Press, 1995. Lawyers for Jeffrey Epstein’s onetime girlfriend defended her marriage as a solid reason she would not flee the U.S. as they urged a judge to let her … The trial court's order states simply that, following reimbursement to husband, "the balance of said sale proceeds shall be divided between the parties in a fashion which will equalize the division of the parties' community property." 616] ["the trial court must add all the community assets, deduct all the community obligations and divide the residual assets equally"].) it is far from resolved in its attitudes about the matter. Code, § 18095; Int. On these facts the Court of Appeal in Brigden and Clark ordered the trial court to revise its award to take into account the wife's tax liability. It directed sale of the family residence, valued at $140,000. [8b] The record in the instant case is devoid of evidence justifying an inference that wife would be self-supporting on or after April 15, 1981. The trial court's order terminates spousal support almost three years prior to the date of husband's retirement. 15. Written and curated by real attorneys at … We leave to the discretion of the trial court whether to reopen the proceedings for additional evidence or to render findings on the existing record. 637 P.2d 595 - MATTER OF MARRIAGE OF FRANZKE, Supreme Court of Oregon. [1a] First, we explain that although a spouse is generally not entitled to reimbursement for separate funds utilized to meet community obligations, that rule does not apply to expenditures subsequent to separation. Husband is entitled to reimbursement for separate funds utilized to preserve and maintain the family residence unless paid to discharge his duty of support. After the parties separated, husband continued to provide to his wife approximately $650 every month and in addition paid utilities, telephone, department store bills, gardener, gasoline card, house insurance, house taxes, and mortgage payment. 126 Cal.App.3d 374 - IN RE MARRIAGE OF HURTIENNE, Court of Appeals of California, Second District, Division Five. From the beginning "this institution, / perhaps one should say enterprise," is both celebrated-"this fire-gilt steel / alive with goldenness; how bright it shows" -and critiqued: Moore presents marriage as an intractable paradox: "this amalgamation which can never be more / than an interesting impossibility" is alternately a situation in which two people who wish to be alone decide to "'be alone together,'" a "'strange paradise,'" "'a very trivial object indeed,'" and a "rare ... striking grasp of opposites.". 4 [24 Cal.3d 86], Because this case was tried before In re Marriage of Smith, supra, 79 Cal.App.3d 725, the parties did not orient their presentation of evidence to the issues which Smith found to be crucial to the husband's right to reimbursement, and the trial court rendered no findings on those issues. Bergman, David, "Marianne Moore and the Problem of 'Marriage,''' American Literature 60, no. “It’s your last free night,” he told my wife-to-be. Tomlinson, Charles, editor, Marianne Moore: A Collection of Critical Essays, Englewood Cliffs, New Jersey: Prentice Hall, 1969. At the time of our decision husband had both management and control of the community property (former Civ. Epstein Credits. Reprinted with Author's Permission. In both cases the trial court awarded husband community property corporate stock, but ordered him to give wife a promissory note to equalize the division of community property; in fixing the value of the note, however, both trial courts failed to consider that state and federal taxing authorities would treat the property division as a sale of wife's interest in the stock and impose a capital gains tax on the proceeds of the note. It refused, however, to order the community reimbursed for community funds used by husband to pay estimated taxes on his postseparation income although that income was husband's separate property. Wife maintains that husband currently has an increased ability to pay spousal support due to the availability of tax deductions for such support, the termination of child support and the reduction in his expenses because mortgage, tax and insurance payments on the family home will no longer be required. The trial court did not abuse its discretion limiting spousal support to $750 per month. Interpreting the portion of the order directing sale of the family residence and division of the proceeds to require an equal division of community property after payment of any capital gains tax liability incurred by reason of the sale, we affirm that portion of the order, but the trial court is directed on remand of this cause to divide the community property to attain the aforementioned equal division. Epstein, who was born in Brooklyn but grew up on Coney Island, was born in 1953 to a father who worked in New York City’s parks department. (In re Marriage of Morrison, supra, 20 Cal.3d 437, 454.) Procedure (2d ed. & Tax. [2b] Upon remand of this case the trial court should take into account the capital gains tax, if any, incurred by the parties as a result of the sale of the family residence. 413 (1979), Court of Appeals of California, case facts, key issues, and holdings and reasonings online today. (See 4 Witkin, Cal. Innovative in its use of collage and ellipsis, ground breaking in its feminist cultural critique and its inclusion of so many perspectives and types of discourse, "Marriage" surely stands among the masterpieces of 20th-century American poetry. 304]; Estate of Turner (1939) 35 Cal.App.2d 576 [96 P.2d 363].) The Man Behind Marriage Pro Rabbi Reuven Epstein is known and respected as an authority on building great marriages. [1b] 2. fn. (In re Marriage of Fonstein (1976) 17 Cal.3d 738, 748 [131 Cal.Rptr. at p. Yet in dividing the remaining community funds held in the account the trial court deducted the $2,250 from the balance of the account on the date of separation. Code, § 156). First, her brother married against their mother's wishes, which unsettled the extremely close-knit family; second, it was rumored that Scofield Thayer, the editor of the literary journal The Dial, courted and proposed to Moore only to be rejected; and finally, there was the sudden, shocking marriage of her close friend, the writer and wealthy heiress Bryher (Winifred Ellerman). Before marriage she had held a temporary job as a doctor's receptionist for six months, had worked for her father for a brief period in his business, and for a wholesale firm in Los Angeles for slightly less than a year. 14. Holley, Margaret, The Poetry of Marianne Moore: A Study in Voice and Value, Cambridge and New York: Cambridge University Press, 1987. Code, § 5118.) This obligation is not conditioned on the existence of community property or income. In addition, Epstein released his sophomore album Sunlight to critical acclaim after being inspired by his marriage. ), In cases such as the instant matter involving the sale of a family residence, the uncertainty concerning the amount of capital gains tax liability stems from provisions in state and federal tax law which defer liability to the extent that the proceeds from the sale are reinvested in a new residence within one year of the sale. Rev. Indeed, the pervasive enigma of romantic relationships and marriage is a major theme of the poem, and the final movement begins with the acknowledgment that '''Everything to do with love is mystery.'". NEW YORK (AP) — Lawyers for Jeffrey Epstein’s onetime girlfriend defended her marriage as a solid reason she would not flee the U.S. as they urged a judge to let her await trial under house arrest, according to court papers made public Wednesday. It is unclear what Epstein… Ghislaine Maxwell pleads not guilty to recruiting girls for Jeffrey Epstein Ghislaine Maxwell to offer nearly $30m in bail and admit she is married, reports say Oliver O'Connell 583; 589-590 [296 P. 604, 77 A.L.R. Language contrary to these views in In re Marriage of Fischer (1976) 78 Cal.App.3d 556, 561-562 [146 Cal.Rptr. Code, §§ 242, 4700.) LEON J. EPSTEIN, Stanford Law School - Robert Crown Law Library. However, there are a number of situations in which reimbursement is inappropriate, so reimbursement should not be ordered automatically. Code, § 5131), whether they entered into an "agreement" for support within the meaning of that section, and whether husband should be estopped, as wife claims, from denying that his payments were in discharge of his duty to support. [3a] Third, the trial court erred in failing to require the husband to reimburse the community for community funds withdrawn by him to pay estimated taxes on his 1973 separate property income. The order provided that spousal support would terminate on April 15, 1981, and the court would retain no further jurisdiction to award spousal support. Wife maintains that because of this arrangement she never sought an order for support pendente lite. All of husband's income earned during 1973, being postseparation, was his separate property. 790.) NEW YORK (AP) — A $28.5 bail package proposed by lawyers for the late Jeffrey Epstein’s ex-girlfriend only strengthened the reasoning for keeping her locked up until her July trial, a judge said in a written ruling unsealed Wednesday.U.S. Published in 1923, just a year after the appearance of Ulysses and The Waste Land, Marianne Moore's "Marriage" is a landmark of High Modernism and one of her most ambitious and important works. (Civ. As part of the division of other community-property assets, Mr. Epstein received more valuable personal property than Mrs. Epstein. The study is being conducted by Dr. Robert Epstein, a research scientist who studies interpersonal relationships. It is unclear what Epstein… It is to be distinguished from the rule that the debt itself, if community, must be divided equally between parties in divorce. 384] is disapproved. Finally, the trial court awarded spousal support to wife in the amount of $750 per month, retroactive to January 1, 1975, and continuing through April 14, 1981. Both spouses have a duty to support their dependent children. In addition to this, the fund has supported many individual scientists all over the world, to give examples Gregory Benford, Kip Thorne, Ben Goertzel, George Church, Lee Smolin, Eric … 9, 582 P.2d 96].) [2a] Second, the trial court ordered the family residence sold and the proceeds, after repayment to husband of reimbursable expenditures, divided in a fashion that would equalize the division of the community property. Ghislaine Maxwell, the alleged madam of the late millionaire sex offender Jeffrey Epstein, was denied bail once again, receiving a sharp rebuke from U.S. District Judge Alison Nathan for misleading the court about her marital status and wealth. The advisability of including such a specification in every order for payment of debts is obvious. Code, § 4805.) The portion of the trial court order dividing the community property is reversed to the extent that it fails to provide for reimbursement to the community for community funds used by husband to pay his separate tax liability. Prior to the marriage wife had held only brief and intermittent unskilled positions. Wife contends that she relied on husband's payments on the family home and consequently did not seek a court order for support. This language was specifically approved and adopted by the Supreme Court inIn re Marriage of Epstein (1979) 24 Cal. In this marital dissolution proceeding both husband and wife challenge various rulings of the trial court. 11. (79 Cal.App.3d at pp. 785.). In In re Marriage of Fonstein (1976) 17 Cal.3d 738 [131 Cal.Rptr. ­FN 1. Moore qui,ckly introduces two opposed archetypal beings, Eve and Adam, who dominate the poem and serve as vehicles for her ironic commentary on the battle of the sexes. Both are portrayed with a mixthre of positive and negative terms: they are beautiful yet flawed, "alive with words" yet thoroughly narcissistic. JUSTICE … 139, 573 P.2d 41]. "Epstein credits" is a doctrine derived from the case of Marriage of Epstein (1979) 24 Cal.3d 76, 84-85. Epstein Arranged Marriage Survey (EAMS) ©2009-2019, Dr. Robert Epstein v. 2.1. [24 Cal.3d 81]. Savitt & Adams, Verna A. Adams and Nancy Sevitch for Respondent. Epstein claims shall be presented on declaration at settlement conference (or at trial if there has been no settlement conference) by the claimant party. 424. In 1973 he netted an additional $9,700 from his private practice but $9,000 went to pay taxes that were due because he was "under withheld" on his salary. (See v. See, supra, 64 Cal.2d at p. When a husband utilizes community funds to pay taxes relating to his separate property income he must reimburse the community for such sums. (Civ. 602]. The judgment is susceptible of a construction consistent with the principles declared in this opinion. The legal incidents of marriage, however, provide an additional basis for such an inference. (In re Marriage of Stenquist, supra, 21 Cal.3d at p. 1971) pp. In January of 1974 husband withdrew $2,250 from a savings account at the Crocker Bank, conceded to contain only community funds, to make his quarterly estimated income tax payment on his 1973 salary. Similarly, the spouses owe to each other mutual duties of support. 3. Stapleton, Laurence, Marianne Moore: The Poet's Advance, Princeton, New Jersey: Princeton University Press, 1978; 2nd printing with corrections, 1978. The Modern American Poetry Site is a comprehensive learning environment and scholarly forum for the study of modern and contemporary American poetry. (20 Cal.3d at p. 453; In re Marriage of Stenquist (1978) 21 Cal.3d 779, 789 [148 Cal.Rptr. This left an available income of $850 per month -- a sum less than the $950 awarded in combined spousal and child support. Like a Watts charge, a spouse must present the desire for Epstein credi… If not, and in similar cases arising in the future, the court can take account of tax liability by providing that the liability incurred, if any, is owed equally by both spouses. When husband in Clark argued that Fonstein precluded consideration of the capital gains tax because the amount of the tax could not be immediately determined, fn. Accordingly, husband may claim reimbursement for sums expended after separation to preserve and maintain the family residence, unless such sums were paid to fulfill husband's support obligations. Andrew Epstein: On "Marriage" You are here: Home » Andrew Epstein: On "Marriage" Published in 1923, just a year after the appearance of Ulysses and The Waste Land , Marianne Moore's "Marriage" is a landmark of High Modernism and one of her most ambitious and important works. [8a] 6. 1015, 1030-1031, calls for legislative amendment of section 5131; the writer argues that the statute would more closely conform to the reasonable expectations of separated spouses if it provided that the duty of support continues after separation unless there is an agreement to the contrary. MAPS welcomes submissions of original essays and teaching materials related to MAPS poets and the Anthology of Modern American Poetry. NEW YORK — (AP) — Jeffrey Epstein's longtime confidante Ghislaine Maxwell told court officials at the time of her arrest in July that she was "in the process of … ­FN 13. Epstein 'pimp' Ghislaine Maxwell's secret marriage slammed as sham Back to video Maxwell, 58, is being held in a New York jail while she awaits her July sex-trafficking trial. Code, § 1034(e).) If the parties use the proceeds to purchase a new residence, the resulting deferral of the capital gains tax reduces the basis of the new residence. The trial court ordered the family residence sold and the proceeds divided between the parties, less the reimbursement to husband discussed in part 2 of this opinion, in such a manner as to equalize the division of the community property. The information undermines Maxwell's claim that her marriage to Borgerson would keep her in the US, ... Maxwell and Epstein are pictured with … The trial court's order does not mention the possibility that the parties might incur state and federal capital gains tax liability as a result of the sale of the residence. [4a] Finally, while we find no abuse of discretion in the court's order fixing spousal support at $750 per month, its order terminating that support as of April 15, 1981, in the absence of evidence that wife will be self-supporting by that date, conflicts with our recent decision in In re Marriage of Morrison (1978) 20 Cal.3d 437 [143 Cal.Rptr. Maxwell and Epstein are pictured with Donald and Melania Trump in 2000 Credit: Getty Images - Getty "There are many examples of violence whose seeds were born in conspiracy theories and the experiences of QAnon, Pizzagate, and the recent Judge Salas attacks are terrifying." [24 Cal.3d 82]. ­FN 4. Jesse Epstein is an American pop singer who rose to stardom as a husband of guitarist and Youtuber Kina Kasuya Grannis. 873, 552 P.2d 1169], we held that the trial court, in assigning to husband the value of his interest in a law partnership, need not take into account the tax that might be incurred if husband at some uncertain future date sold that interest. Our decision in See v. See (1966) 64 Cal.2d 778 [51 Cal.Rptr. 177.) Following separation, the preferred source for payment of support is the separate property of the supporting spouse that would have been community property if the spouses were not separated. fn. 1015]; Ives v. Connacher, supra, 162 Cal. M IKE GERBER • Happy to report that The Fifth Beatle, Vivek J. Tiwary’s graphic novel about Brian Epstein, continues to carve out a bit of space in the culture.Here is an interesting interview with Tiwary. 338 [ 58 Cal.Rptr pleased that I was interested in writing about him, reduction! To the Superior court, 33 Cal.App.3d 177, 181-183 [ 108 Cal.Rptr [ 131 Cal.Rptr this case the... Order terminates spousal support Epstein received more valuable personal property worth $ 98,509.60 and wife challenge various rulings of community... 162 Cal married on August 8, 1954, and in re Marriage of: ) Appeal from the of!, Austin: University of Texas Press, 1995 only that the court. Marriage wife had held only brief and intermittent unskilled positions Epstein forked over $ 10,000 once Katlyn had the. The strong emotions and philosophical and cultural questions provoked by these events stimulated Moore 's poem scientist studies... 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