Divorce Law Journal

Taping Phone Conversations

We found this helpful site, Reporters' Committee for Freedom of the Press, thanks to John Stout on the ABA Family Law Section listserve. We tell our clients in KY that phone conversations cannot be taped if the client is not a party to the conversation. The tricky part is conversations between persons in different states. Even if the client is a party, they may be illegal. The rcfp gives a state-by-state guide to what can be done where.

High Conflict Parenting

Joe H. Brown, PhD, Professor, University of Louisville Kent School of Social Work and Director of the Families in Transition Program announced at the AAML/LBA seminar a new program funded with a sizeable grant from The Bureau of Justice Administration. The goals of the program include helping high conflict divorced parents create parenting plans and to reduce repeated litigation over parenting issues. He and Mary Lou Cambron, MSSW of Jefferson Family Court, are seeking referrals from attorneys of Jefferson County parents with children between ages 6 and 11 who are at risk of high conflict and repeated parenting disputes. The criteria includes two or more motions related to custody or visitation, but excludes participants covered by an active Domestic Violence Order, active Child Protective Services case, and families already working with a Parenting Coordinator. They want to help and study these families before escalation of the conflict becomes permanently unmanageable.

Participants will be randomly assigned to one of two programs: Parents Achieving with Collaborative Teams, (PACT) will consist of a six session program led by licensed family therapists, aimed to help persons deal with anger and manage conflict and provide family/community support. Parent Education Referral Services (PERS) will have information sessions about parenting plans and anger management and referrals may be made to other agencies.

Dr. Brown has already trained the facilitators who include Dr. Sally Brentzel, Dr. Katie McBride and Judith Cumbler.

Families admitted will be served though March, 2007.

Look for an article in the May, 2006 LBA Bar Briefs. Meanwhile, they are already accepting referrals. If you have a case that may qualify, let Mary Lou Cambron (502)595-4787 know.

Alimony Recapture

When maintenance is front-end-loaded, the payor may be required to recapture in the third year excess alimony. Two calculations are necessary.The first compares the second year payments to the third year payments. If the amount paid in year three plus $15,000 is less than paid in the second year, the excess will be recaptured. The second computation compares the first year payments to the adjusted average of the second and third year payments.  If this average plus $15,000 is less than the payments in the first year, the excess is recaptured. I have always used an appendix to Melvyn B. Frumkes' excellent Divorce Taxation, James Publishing, Inc. to manually figure whether a settlement poses a recapture problem. There is now an online free calculator available to make the computations:http://www.smartmoney.com/divorce/basics/index.cfm?story=alimonycalc. There are numerous caveats, however, so the prudent practioner will always want to consult Frumkes, a tax attorney, or a CPA.

Military Pension Division

Here's a new and helpful guide to military pension division:http://www.dod.mil/dfas/militarypay/garnishment/Speech5.pdf