Practical Tactics for Settling Retirement and Support Disputes in Divorce
Tearing one household to create two is a painful process for all parties involved. When the battle rages over marital assets, yours is the job of looking farther into the future than the immediate division, to account for the financial hurdles to come. What if the earning spouse retires early? What if the children have a medical emergency? What is it going to cost to keep the family home as a single owner? Are the parents planning on paying for the kids' college education? This engaging course analyzes and provides solutions to key financial issues of divorce, with a special focus on equitable division of retirement plans and child support determination and follow-up tactics. Assure your client's financial future with these practical legal techniques – register today!
- Review various pension plans and the specific challenges and opportunities they present to custom-tailor your planning based on each client's retirement arrangement.
- Trace the steps required to create a QDRO and get the tips and forms you'll need to make it enforceable.
- Learn how to manage the equitable division of what used to be one of the primary marital assets – family home – and what to do if that asset has become a major debt.
- Get a detailed update on the crucial court decisions to date and get a glimpse of the legislative future.
- Develop a system for efficiently drafting and implementing QDROs.
- Discuss how the recent IOLTA rules have changed legal practice and uphold your impeccable ethical reputation.
- Help clients plan for the tax consequences of divorce.
- Learn what major factors go into the determination of child support and get practical tools for ensuring the most favorable arrangement.
- Explore the most pertinent issues in spousal support.
MORNING SESSION – RETIREMENT AND TAX PLANNING IN DIVORCE
- Dividing Retirement Assets
9:00 - 10:15, Anne L. Leary
- Client Interview and Questionnaire
- Locating and Analyzing Retirement Assets
- QDROs – Drafting, Planning and Administration
- Non-Earning Spouse's Contribution to the Increased Value of Earning Spouse's IRA
- Tax Consequences and Reporting
10:30 - 11:30, Barbara Appenzeller
- Filing Status
- Tax Basis of Assets
- Carryover Items
- Who Declares the Dependents
- Innocent Spouse Relief
- Stock Options
- Tax Consequences of Premature Distributions
- Disposing of Real Estate
11:30 - 12:00, Susan Pintel
- Determining Homestead and Marital/Nonmarital Status
- Quit Claim Deeds
- What to do With Vacation Homes?
AFTERNOON SESSION: CHILD AND SPOUSAL SUPPORT
- Ethical Considerations in Divorce
1:00 - 2:00, Angela Y. Peacock
- Application of Rules of Professional Conduct in Family Law
- IOLTA Rules and Updates
- Attorneys' Fees
- Conflicts of Interest
- What to do When You Think the Client is Lying
- Child Support Determinants and Procedure
2:00 - 2:45, David N. Horowitz
- State Support Guidelines Update
- Statutory Basis for Child Support Guidelines
- Developing Benchmarks
- Shared Parenting Time Offset
- Future College Support
- Extraordinary Medical Deduction
- Additional Considerations in Determining Support for Special Needs Children
- Medical Order for Child's Health Insurance
- Filing for an Order for Support
- Child Support Worksheet and Accompanying Documentation
- Child Support After the Initial Determinations
3:00 - 3:45, David N. Horowitz
- Enforcement Motions and Orders to Pay – Drafting and Procedural Tips
- Willful Failure to Pay
- Locating the Non-Paying Parent
- Collecting Support Across State Lines
- Interest and Surcharges on Unpaid Child Support
- Unintentional Overpayment Issues
- Paternity Disputes
- Remarriage – of Payer or Recipient
- Events Triggering Termination of Support
- How to Terminate Child Support Orders
- Asset Division Factors Affecting Cash Flow and/or Spousal Maintenance
3:45 - 4:30, Joyce L. Pearson
- Net Unrealized Appreciation Stock
- Annuities Variable Values Transfer Issues
- IRA's Contributions/Withdrawals
- Restricted Stock
- Outside Managed Money Programs
- How to Make Yourself Your Client's "Hero"