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Family Law Forum

Winter 2013-14
Volume 22, No.1

 

Letter From the Editor

            Let’s face it - financial issues in Family Law are difficult. 

            First off, we have child support calculators, different rules for court and the ex pro hearing process, the totally subjective spousal maintenance crapshoot, tax laws . . . there are a wealth of issues and they all have a monumental effect on our clients.

            Secondly, truth be told, we’re all lawyers and lawyers are not famous for their math skills.  In fact, there would probably be a lot more physicians out there if it weren’t for our lack of command for some math concepts.

            The attached articles do not require you to do math (well, maybe a little).  What they will do is inform you about the specifics surrounding the financial issues we deal with on a daily basis. How the rules vary between the magistrative hearing process as compared to the court; tax rules as they pertain to spousal maintenance; creative uses of the QDRO to move finances from one party to the other; how to prepare your client for a productive discussion of financial issues; and more, are all covered in this issue.  We think there’s something every Family Law professional - novice to the most experienced - will find interesting and informative.

            We have already had a Call for Authors for our next issue on “Current and Emerging Trends in Family Law.” We would like to examine emerging trends like: same sex marriage, assisted reproduction, and the Affordable Healthcare Act, to name just a few. If you are seeing a trend out there in the Family Law field and want to write an article about that trend, please feel free to contact Krista Schneider (krista.schneider@courts.state.mn.us) or Larry McGee (lmcgee@mcgeefamilylaw.com) and let us know what subject you would like to write about.  We welcome your experience and insight.

            Our deadline for articles for the next issue is not until February 15, 2014, so there is still plenty of time to decide on a topic and write!  Some people have told us they will be taking a few days off around the holidays and they thought this could be an ideal time to write an article.

            We hope you enjoy this issue and that the articles we’ve published have meaning to your practice.

            Have a Happy Holidays,

            Larry McGee and Krista Schneider,
            Publication co-chairs

            P.S.  One thing that the Family Law Forum tried to start a few issues ago was an article written by judges’ Law Clerks, who are in court all day and may have a unique perspective on some of the issues we deal with as Family Law professionals. If a judge’s Law Clerk would like to offer their unique “In the Front Row” perspective on an issue that could be viewed as “Current and Emerging Trends in Family Law,” please contact Krista or Larry to let us know what you will be writing on.  This is a great way to get your name out there and be recognized for what you can contribute to Family Law.

Articles

Top 10 Spousal Maintenance Tax Rules
By Elizabeth L. Juelich

Most family law practitioners are familiar with the general rule that spousal maintenance is treated as income to the recipient (or payee) spouse, and deductible to the payor spouse.  However, many practitioners are not as well-versed in the finer nuances in the Internal Revenue Code (IRC) that must be followed in order for this general rule to apply.  This article will dissect the rules that must be satisfied in order for spousal maintenance to be deemed taxable to the recipient spouse and thus tax deductible by the payor spouse. Read more.....


Spousal Maintaince

The Common Sense Approach to Helping Your Client Achieve a Spousal Maintenance Settlement with Less Anxiety for Your Client
By: Sherri L. Krueger


Child Support

The Expedited Child Support Process: Where Good Lawyers Go Bad
By: Jodie Metcalf


Child support and Child Poverty
By: Katie Trotzky


Why Counties Have an Interest in Family Law Cases

By: Melissa Rossow



QDRO's

QDRO Roundup: Using QDRO's to Collect Back Child Support and Spousal Maintenance Obligations
By: Mary Kate Kelley-Scheidler

Mark your calendar with these upcoming CLE dates and times:

January 11, 2014

February 8, 2014

March 8, 2014

April 12, 2014

May 10, 2014

9:00 - 9:30 a.m. -"There is no such thing as a stupid question" - Q & A with Family Law Experts

9:30 - 11:00 a. m. - Family Law Business Meeting

11:15 - 12:15 p.m. - CLE Program



 

 

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