Divorce Law Journal

Save The Dates: April 23 and 24, 2009, KENTUCKY AAML 2009 SEMINAR, "Family Law in Times of Economic Crisis"

Here's the tentative agenda:

Thursday, April 23, 2009

8:00 a.m. Registration and Continental Breakfast

8:30 a.m. Marlene Eskind Moses, AAML President-Elect, Nashville, TN – “Family Law in Times of Economic Crisis”

9:00 a.m. “Who Used to be a Millionaire” - C.R. Bowles, Jr. and Laurel S. Doheny - Bankruptcy

10:30-10:45 Break

10:45 a.m. “ Real Estate Pro” - Melanie Straw-Boone and Lin E. Bell – Commercial Real Estate Valuation

12:15-1:00 Lunch with the speakers and judges. 3rd Annual Family Court Judge of
the Year Award and Raising the Bar Award will be presented

1:00 p.m. “Dirty Sexy Money” - Impact of Sour Economy on Family Law Matters
Panel of Judges (Judges Jo Ann Wise, Timothy E. Feeley, Stephen M. George, Margaret Ryan Huddleston and Lisa Osborne Bushelman)

2:00 p.m. “Survivor” - Receivers in Divorce – Suzanne M. Baumgardner and Valerie S. Kershaw

2:15 p.m. “Desperate Housewives” - Moving Money Out of the Marital Estate and Asset
Protection Plans – Mitchell A. Charney and Wayne F. Wilson

2:45 p.m. “Private Practice” - Business Valuation Update – Diana L. Skaggs

3:15-3:30 Break

3:30 p.m. “Extreme Home Makeover” - Relocation Update – Martha A. Rosenberg

4:00 p.m. “Deal or No Deal” – Banks: Friends or Foe

5:00 p.m. Cocktail Party

Friday, April 24, 2009

8:30 a.m. “Smarter than a Fifth Grader?”: Legal and Ethical Writing for Family Court – Elizabeth Scott Moïse, Charleston, SC

10:00-10:15 Break

10:15 – 12:00 “ Law & Order” - Electronic Evidence for Family Law Practitioner and Ethical Issues – Sharon D. Nelson and John W. Simek, Fairfax, VA

November 6-8, 2008 AAML Chicago Seminar

One does not have to be a Fellow of the American Academy of Matrimonial Lawyers to attend its outstanding CLEs. Here is the lineup from our President, James A. Hennenhoefer:
We begin with Thursday’s CLE entitled “Saving the Monkey From the Middle: When fabricated allegations of child abuse become psychological abuse.” This program presented by Allison F. DeFelice, Ph.D. of Columbia, South Carolina, will deal with the disturbing subset of cases in which a child makes an allegation of sexual abuse but fabrication is believed to be an alternative explanation of merit. Pediatric Condition Falsification (PCF) is described as a form of psychological abuse. Valuation options, case examples and legal interventions will be discussed. In the second program, you will be a part of a dynamic program on cross examination of experts and other witnesses with panel moderator, Nicholas Leto, Jr. and panelists, Sandra Morris and Steve Wagner, all of whom are AAML Fellows. The panel will focus on various cross examination techniques, making use of movies and TV as part of the analysis. Discussion will also make use of Roger Dodd’s book on cross examination and Steve Wagner’s article on “Boxing in the Witness.”

Friday’s CLE program will be “Complex Estate Planning and Asset Protection Plans and their Impact on Divorce.” In an interactive, real live fact pattern, the panel, two AAML Fellows and two ACTEC (American College of Trust and Estate Counsel) Fellows, will discuss tax implications, of complex estate planning and asset protection, and the impact on divorce, support and property division. Various strategies to use in negotiating and litigating settlements will be presented. The fact pattern will include installment sales, qualified personal residual trusts, family limited partnerships, asset protection trusts, irrevocable life insurance trusts, charitable remainder trusts and other wealth transfer strategies commonly used by wealthy couples. AAML Fellows Brian Webb from Dallas, Texas and Philip Schwartz from Fairfax, Virginia will be presenters. Phil has spoken extensively on off-shore trusts and other asset protection plans and Brian has also litigated many of these issues. From ACTEC, the presenters are James “Jim” D. Spratt, Jr. of King & Spalding, LLP in Atlanta, Georgia and John “Jack” A. Terrill II of Heckscher, Teillin, Terrill & Sager, PC in West Conshohocken, Pennsylvania. Both Jim and Jack are frequent lecturers on these topics and have been expert witnesses or co-counsel in divorce litigation to assist counsel in addressing issues of this nature.

Friday’s second session is “Top Ten Mistakes Experienced Lawyers Make With QDROs.” A witty and pointed 30 minute presentation on the common mistakes that are made, even by the experts, when negotiating and drafting language in settlement agreements and orders for the division of retirement benefits. Emily McBurney, one of the foremost QDRO experts in the Southeast, will explain how to avoid these potential errors and protect yourself and your clients. Emily is a partner in the law firm of Davis, Matthews and Quigley, PC in Atlanta, Georgia and frequently lectures on retirement benefits and QDROs across the country.

Ending the day’s session is “Executive Compensation” which will focus on executive compensation packages, including benefits under non-qualified plans (stock options and restricted stock, “top hat” plans, and other deferred compensation), change of control provisions, severance packages, (as golden handcuffs) and other benefits for the highly compensated. You will learn what to look for, and what to do when you find. You will receive suggestions and tips on how to handle such issues in divorce, including what can be done considering securities law. AAML Fellow Brenda Keen and Geoff Poll, CPA from Houston, Texas will be leading the panel discussion. Geoff is a tax partner and shareholder with Ferguson Camp Poll P.C. and a frequent lecturer and expert witness on these issues. Brenda Keen has litigated and spoken on these issues extensively.

Rounding out our three days of CLEs will be a morning filled with custody trial issues. In the first session AAML Fellow Caroline K. Black of Tampa, Florida joined by Deborah O. Day, Psy.D. of Psychological Affiliates of Winter Park, Florida will address “How to Overcome a Bad Custody Evaluation.” The second program finds Deborah O. Day joined by AAML Fellow Richard West of Orlando, Florida enlightening us on “What You Must Know About the Tests Used by Psychologists.” And last, but not least, you won’t want to miss “How to conduct an Effective Cross Examination of a Psychologist in a Custody Case” presented by our former President Gaetano Ferro. Come join us in Chicago!
For registration info email office@aaml.org.

Ky AAML Awards To Hon. Bruce Petrie and Steven Kriegshaber

The Kentucky Chapter of the American Academy of Matrimonial Lawyers presented its 11th Annual Family Law Seminar on April 17 and 18, 2008. We enjoyed the presentations by our national President-Elect, Gary Nickelson, and the provocative and dynamic duo of Lynne Gold-Bikin and Dr. Jonathan Gould. The seminar was well attended and included several of our Family Court Judges. The day long custody piece likely changed the face of custodial evaluations in Kentucky. We were also delighted to have Mel Frumkes return to speak on divorce taxation issues.

Hon. Bruce Petrie of Boyle and Mercer Counties was presented the 2008 Judge of the Year Award.

Steven Kriegshaber, Louisville, (on the right) was honored with the 2008 “Raising the Bar Award.”

This is a photo of some of our members and speakers.

And, finally, a snapshot of some in the crowd taking in Dr. Gould's presentation.
.

ABA-APA Joint Conference, No Respect For The Kentucky Derby

The ABA-APA Joint Conference, Reconceptualizing Child Custody: Past, Present and Future, will be April 30-May 3, 2008 in Chicago. The summary provided by the ABA: Family lawyers and psychologists are often confronted with issues of mutual concern, including working with high-conflict families; participating in custody evaluations; relocation; representation of children; and allegations of alienation, sexual abuse, and domestic violence.

The 34 plenaries and breakout sessions will span three full days and allow attendees the opportunity to learn from judges, lawyers, psychologists, researchers, and academicians in a number of settings, including a mock hearing.
Register online here. The tentative agenda is here.

AICPA/AAML National Conference on Divorce

The fourth Biennial AICPA/AAML National Conference on Divorce will be May 8-9, 2008 at Caesar’s Palace in Las Vegas. There will be an optional Wednesday afternoon pre-conference workshop. The stellar lineup is as follows: Emerging Issues in Discount Rates, Capitalization Rates and Valuation Discounts, Types of Business Organizations and Related Tax Attributes, Case Law Update, Computer Forensic Techniques, Dissecting a Business Valuation Report, Clash of Tax and Divorce Planning, Hot Tips Panel, Ethical Conundrums, Reading Tax Returns, Collaborative Law, Review of Rules of Evidence, and Asset or Income, Double Dip; Concept of Income in Divorce.

For more information call 1-888-777-7077.

Reflections on 17th Anniversary of Domestic Relations Update

It is with surprise and pleasure as I reflect on the 17th anniversary of the Domestic Relations Update that it remains a vibrant, successful and integral CLE to Jefferson County family law practitioners.
When Alan T. Slyn and Retired Judge Richard A. Revell first presented this seminar in 1991 few attorneys limited their practices to divorce law. The Jefferson Family Court Pilot Project was just beginning, with Judge Revell sworn in as its first Chief Judge. Continuing legal education had just been mandated. The Annual Domestic Relations Update seemed to fit a great niche of bringing general practitioners up-to-date on Kentucky divorce law once a year and providing the venue for discussion among this nascent family law community.
Today we have a large family court bar and dedicated family courts. Presumably the many lawyers limiting practices to divorce and family law stay up-to-date. All new decisions are available on the internet as they are published. Three years ago when Alan Slyn asked me to present in his place, I feared this seminar may have become a dinosaur. It was my happy discovery in accepting the invitation to participate that this seminar remains a fabulous opportunity for the family court bench and bar to brainstorm cases and to debate the nuances of the law. Presenting is as exhilarating as Supreme Court oral arguments, for the questions are consistently insightful and provocative.
I invite you to join Judge Revell and me on March 14, 2008 from 11:00 a.m. to 1:00 p.m. for the 17th Annual Domestic Relations Update at the Louisville Bar Association. Sadly, Alan’s health will not permit him to attend even though he has requested the material and no doubt read every word of every case backward, forward, and upside down. I wish he would let us beam him in by hologram, but I guess carrying on the tradition will have to suffice.

Published in Louisville Bar Briefs, March 2008, Volume 08, No. 3

Diana L. Skaggs is President of the Kentucky Chapter of the American Academy of Matrimonial Lawyers. Her firm, Diana L. Skaggs + Associates limits its practice to divorce and family law.

Brochure Available:11th Annual AAML/LBA April 17-18, 2008 Seminar: Mastering The Tough Issues

The brochures are in the mail for the 11th Annual AAML/LBA April 17-18, 2008 Seminar: Mastering The Tough Issues to be held at the Louisville Bar Association, about which we posted here. A brochure can be downloaded here:Download aaml_2008_final.pdf

11th Annual AAML/LBA April 17-18, 2008 Seminar: Mastering The Tough Issues

Here is the seminar schedule. Short speker bios are at the end.
Mastering the Tough Issues: Child Custody,
Divorce Taxation, QDROs, and Preparing for the Difficult Mediation

Thursday, April 17, 2008

8:00 a.m. Registration and Continental Breakfast

8:30 a.m. Jonathan W. Gould, PhD, Charlotte, NC and Lynne Z. Gold-Bikin, Norristown,
PA
Mastering Child Custody Evaluations

Conducting Scientifically Crafted Child Custody Evaluations

Use of Psychological Tests

Deconstructing the Evaluation Report

How to Cross Examine an Expert’s Custody Evaluation

(Break 10:30-10:45)

12:00 p.m. - Lunch with the Psychologists and Judges. Family Court Judge of the Year Award and Raising the Bar Award will be presented

1:00 p.m. Mastering Child Custody Evaluations
Dr. Gould and Ms. Gold-Bikin, continued:

Clinicians In Court: A Guide to Subpoenas, Depositions, Testifying and Everything Else the Expert Needs to Know

A Call for Clinical Humility and Judicial Diligence

Is the Child’s Therapist Part of the Problem? What Attorneys, Judges and
Mental Health Professionals Need to Know About Court Ordered Treatment
for Children

(Break 3:00-3:15)

3:15 p.m. Panel of Child Custody Evaluators “Top Ten Tips for Family Law Practitioners
and Judges”
4:15 p.m. Lynn Gold-Bikin, “Ethical Issues in Child Custody Cases”

Steven Kriegshaber, “AAML and ABA Ethical Guidelines and Authorities for
Guardians Ad Litem in Custody and Access Disputes”

5:15 p.m. - Cocktails

Friday, April 18, 2008

8:00 a.m. Continental Breakfast

8:30 a.m. Gary L. Nickelson, “How to Prepare for the Difficult Mediation”

9:30 a.m. - Melvin Frumkes, Miami, FL, “Divorce Taxation”
10:30 a.m.

10:30 a.m. - Break
10:45 a.m.

10:45 a.m. Melvin Frumkes, continued, “Divorce Taxation”

11:45 a.m. Melanie Straw-Boone “QDRO Tips for Lawyers to Put in Agreements and
Courts to Put in Judgments”

12:30 p.m. Adjourn

Lynne Z. Gold-Bikin, Norristown, PA, has authored numerous books in the field of Family Law and has authored and co-authored numerous articles, including The Divorce Practice Handbook, Michie, 1994; and The Divorce Trial Handbook. She was also Assistant Editor of Pennsylvania Family Lawyer, 1980-83. She has been a lecturer in law at various law schools and is an Adjunct Professor at University of Houston, School of Law.
Ms. Gold-Bikin has served on the ABA Board of Governors: she has served as an Advisor to the American Law Institute, Family Law Project; Chairperson of the American Bar Association, Family Law Section (ABA/FLS), 1994 to 1995; ABA House of Delegates, Delegate at Large, 1995 to present; Montgomery County Bar Association Board of Directors, 1992 to 1995; Chairperson of the Pennsylvania Trial Lawyers Association, Family Law Section, 1988 to 1990; Commissioner, ABA, Commission on Domestic Violence; Pennsylvania Future Commission on Justice in the 21st Century. She is on the Editorial Board of The Matrimonial Lawyer and has served on the Editorial Boards of Family Advocate, FariShare, The Practical Lawyer,
She is a fellow of American Academy of Matrimonial Lawyers; International Academy of Matrimonial Lawyers, the American Academy of Matrimonial Law Foundation, and American College of Matrimonial Trial Lawyers.
****

Jonathan W. Gould, PhD, Charlotte, NC, practices forensic psychology with a specialization in issues related to family law, including child custody, and is board certified in forensic psychology by the American Board of Professional Psychology. He performs court-appointed custody evaluations and consults with attorneys and psychologists in the areas of child custody and professional ethics and standards. Dr. Gould also consults with attorneys in the areas of criminal child sexual abuse and other forms of child maltreatment.
His books include Child Custody Evaluations and Child Maltreatment, Guilford Publishers, (under review), Conducting Scientifically Crafted Child Custody Evaluations, 2nd Edition, Professional Resource Press, (in press), Clinicians in Court: A guide to subpoenas, depositions, testifying and everything else you need to know, Guilford Press, (2002), Conducting Scientifically Crafted Child Custody Evaluations, Sage Publications (1998).
****

Gary L. Nickelson, Ft. Worth, TX, is the president elect of the American Academy of Matrimonial Lawyers and is a frequent author and lecturer for the AAML, State Bar of Texas, and other organizations.
****

Melvin Frumkes, Miami, Fl, is a past President of the Florida Chapter of the American Academy of Matrimonial Lawyers and is Associate Editor of the Journal of the American Academy of Matrimonial Lawyers. He is past chairman of the Family Law Section of The Florida Bar. He has been on the faculty of the National Judicial College in Reno, Nevada for 18 years where he taught Divorce Taxation. He is on the Board of Editors of the Journal of the American Academy of Matrimonial Lawyers, and the Family Advocate (ABA, Family Law Section) and was a contributing Editor to Fair$hare. He is Board Certified in Marital and Family Law by The Florida Bar.
Mr. Frumkes was elected to membership in the American Law Institute in 1990 and served as a member of the Consultative Group to its project to develop Principles on the Law of Family Dissolution. He is a Diplomate of the American College of Family Trial Lawyers and a Fellow of the International Academy of Matrimonial Lawyers.
He has been listed in the Best Lawyers in America since its inception in 1983.
His book Frumkes on Divorce Taxation, James Publishing, Inc., is an indispensible resource for every family law library.
****

Steven Kriegshaber, Louisville, KY, is a past President of the Kentucky AAML Chapter and past Chair of the Louisville Bar Association Family Law Section. He is the author of “Representing Children in Divorce Litigation,” The Advocate, July/August 1997, and for many years was a member of the AAML Special Concerns of Children Committee.
****

Melanie Straw-Boone, Louisville, KY (a/k/a “QDRO Queen”), is Membership Chair of the AAML Kentucky Chapter. She is past chair of the Lousiville Bar Association Family Law Section and current chair of the LBA Pro Bono Consortium. She is a partner in the Louisville firm of Pregliasco Straw-Boone, which specializes in family law.

Child Custody Seminar

The Louisville Bar Association Family Law Section will be featuring three local evaluators at a seminar December 11, 2007. Here is registration info for the presentation by Stephen Free, JD, PhD, Jennifer Cebe, PhD, and
Kathryn Berla', Ed.D.

Electronic Evidence

Spousal team Sharon D. Nelson and John Simek of Sensei gave a great presentation at the AAML annual meeting in Chicago last week. I had been following Sharon's blog, Ride The Lightning for a few weeks, so I was surprised and delighted to meet her and learn forensic electronic evidence tips from them. If you check out her blog, please note that the colorful and shameful stories about the wayward lawyer disciplined are NOT about one of our members!