Family Law: Advanced Issues and Top Challenges
Keep Up with the Ever-Changing Family Law Practice
Family law is expanding rapidly due to changes in family structures and legal precedent for divorce, custody and asset division - make sure you are keeping up with the latest changes and developments! This timely program will delve into complex legal/financial family and divorce issues that commonly arise today. What happens if one spouse is active in the military during the divorce? How do you meaningfully interpret child evaluations? And how are QDROs used during the equitable distribution of pension plans? Don't just rest on your laurels; ensure future success and grow your expertise with this practical program. Register today!
- Review the latest state-specific statutes impacting same-sex couples and domestic partnerships.
- Learn best practices for submitting the pension documents to the VA.
- Know how to gauge the accuracy of a child evaluation in order to meaningfully apply it in court.
- Utilize proven methods of determining the current and future value of a defined contribution plan.
- Carefully plan ahead to minimize the impact of tax consequences associated with bankruptcy during divorce.
- Identify situations where collaborative law is the best approach to the case by weighing the pros and cons of signing a collaborative law agreement.
Agenda / Content Covered
- Non-Traditional Family Structures and Paternity Disputes
9:00 - 10:00, Written by Anna H. Myers. Presented by William T. Fitzhugh in Richmond and Anna H. Myers in Virginia Beach.
- Cohabiting Couples/Domestic Partnerships/Civil Unions/Same-Sex Marriages
- Dissolution of the Non-Traditional Family
- Benefits Extended (Health Insurance, etc.)
- Joint Home Ownership Absent Any Written Agreement
- Tax Considerations
- End of Life and Inheritance Issues
- How Crossing State Lines Impacts Clients' Rights
- Grandparent Rights and Guardianships
- Emancipations of Minors
- Paternity Fraud
- Paternity Rights
- Special Immigrant Legal Status
- Collaborative Divorce: A New Approach to Family Law
10:15 - 11:15, Written by William T. Fitzhugh. Presented by William T. Fitzhugh in Richmond and Lori A. Michaud in Virginia Beach.
- Origins of Collaborative Family Law and How it Differs from Litigation and Mediation
- Team Approach
- Collaborative Law Agreement
- Avoiding Impasse
- Challenges in Negotiating Support
- Equitable Distribution of Pension and Retirement Plans
11:15 - 12:15, Written and Presented by William Allan Burns Jr. in Richmond and Virginia Beach.
- Qualification Requirements: IRC §414(p) and ERISA §206(d)
- Freezing Participant's Access to Benefits
- Seeking Preliminary Approval
- Defined Contribution QDROs Issues
- Immediate Lump Sum Distribution
- Adjustment of the Award for Market Value Gains/Losses
- Valuation Dates
- Outstanding Loans
- Marital Portion
- Defined Benefit QDROs Issues
- Separate Interest vs. Shared Interest
- Payable Over the Life of Alternate Payee of Participant
- Commencement of Alternate Payee's Benefit
- Form of Alternate Payee's Benefit
- Other Defined Benefit Plan Concern
- When Bankruptcy Meets Divorce
1:15 - 2:15, Written and Presented by William Allan Burns Jr. in Richmond and Virginia Beach.
- Pre-Bankruptcy Planning - To File Before or After Divorce
- Chapter 13 vs. Chapter 7?
- Bankruptcy Impact on Spousal Maintenance, Property Division and Retirement Plans
- Filing for Joint Bankruptcy: Pros and Cons
- Priority and Dischargeability of Debts
- Impact of the Automatic Stay on Divorce
- The "Strong-Arm" Clause
- Fraudulent Conveyances
- Bankruptcy Discharge and its Limitations
- The Impact on Spouse Not Filing Bankruptcy
- Special Issues in Military Divorce
2:30 - 3:30, Written by Lori A. Michaud. Presented by Kimberly A. Skiba-Rokosky in Richmond and Lori A. Michaud in Virginia Beach.
- Must-Have Documents
- Jurisdiction to Divide the Pension - Domicile, Consent and Residence
- Language for the Order or Agreement
- The "10/10 Case" and DFAS
- Indemnification Clauses
- Concurrent Retirement and Disability Pay, Combat-Related Special Compensation, Military Disability Retired Pay
- Dealing with the "Less Than 10/10" Case
- Survivor Benefit Plan - Negotiating FOR and AGAINST
- Child Evaluations in Custody and Support Litigation
3:30 - 4:30, Written by Kimberly A. Skiba-Rokosky. Presented by Kimberly A. Skiba-Rokosky in Richmond and Anna H. Myers in Virginia Beach.
- Custody Decision-Making Standards Today
- Analysis of Existing Custodial Environment
- Review and Analysis of Professional Custody Evaluations
- Contesting the Evaluation
- Gauging the Accuracy of the Child Testimony
- Allegations of Domestic or Substance Abuse
- Allegations of Mental Disability
Who Should Attend
This intermediate-to-advanced level program is designed for:
- Divorce Financial Planners/Analysts
- Certified Financial Planners
- Child Representatives
- Mental Health Professionals