Topic:
Support

 “Boomers Out: The Intersection of Retirement  and Spousal Support”

“I’ve retired, don’t I just stop paying spousal support?” How many times have you head that? Modification of spousal support based on retirement is a growing issue. This presentation provides you with the expanding case law to apply to your fact situation. Is there a retirement age if you are paying spousal support? Is there an obligation to maximize your retirement income; protect capital; rate of return and impute income? You again face the double-dipping controversy. This presentation discusses social security benefits for the payor and the payee. Distributions from retirement plans and IRA’s. This program will provide you with law to allow you to obtain the specific facts to prevail on retirement issues in spousal support cases.

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“Separation Anxiety: Understanding the Davis Case and the Proposed Anti-Davis Legislation”

Have you shown up for a hearing or mediation only to find the opposing counsel has changed the date of separation based on Davis? You are confronted with schedules characterizing separate/community property and reimbursement for debts that turn your case around. Forget that the Petition and Response state the same date of separation! If it hasn’t happened to you yet, it will. This one hour presentation will provide you with an in depth analysis of Davis, the underlying historical analysis leading to Davis, and SB 1255 known as anti-Davis legislation. Consi der retroactivity vs. a vested right without due process? What evidence must be considered? The materials include a treatise on this topic and reference materials necessary for argument (64 pages).

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“What Do You Mean My Tax Returns Can’t Be Trusted” – Establishing Business Expenses After Marriage of Hein

Based on the precedent established in Marriage of Loh, for almost 20 years family law practitioners could rely on their client’s tax returns as being “presumptively correct” and establishing a starting point for the calculation of support. However, Marriage of Hein (2020) upended this well-established presumption. The Hein court concluded that, in the case of self-employed individuals who wholly own a business (or businesses), the burden of proving expenses reflected on tax returns falls upon “the self-employed parent who controls the corporations.” This program will address when Hein applies and how to satisfy the heightened evidentiary burden created by Hein for self-employed parents, as well as subsequent cases which have addressed the holding in Hein.

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2021 Speaker Series – Part 2 – Main Event “Income Available for Support: It’s Not What You Think”

This seminar will be a detailed look at cross-examination of an opposing expert on issues found in support hearings and how to approach the case with and without having your own expert. This seminar will touch on the issues of whether a source of funds is income available for support, when such income is available for support, does it matter if it is child support or spousal support, and how to effectively cross-examine an expert to both weaken the opposing party’s case and strengthen your client’s case.

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