CHAPTER ONE

Child Support

Overview of Child Support in Minnesota; What is Child Support?; Documentation of Income Required; Computation of the Child Support Obligation – How Does the Court Determine a Parent’s Basic Support Obligation?; Effect of Reservation of Support; Life Insurance to Secure Support; Six-Month Review Hearing; Modification of Child Support; Retroactivity of Child Support Order; Cost of Living Adjustments; No Waiver of Child Support; Child Support Payments and Enforcement; Child Support Guidelines Worksheets

- Laurie A. Mack & Lymari J. Santana

CHAPTER TWO

Advanced Issues in Child Support

Introduction; Income Defined; Disability of a Party; Spousal Maintenance and its Effect on Child Support; Computation of Child Support; Child Support Issues Due to Unique Families, Custody Arrangements and Nonjoint Children; Extremely High or Low Incomes of Parties; Deviation from Guideline Support; Modification of Child Support; Conclusion – A New Frontier; Examples

- Karen T. Kugler & Judith L. Oakes

CHAPTER THREE

Spousal Maintenance

Spousal Maintenance is Statutory, But…; Is There a Case for Spousal Maintenance?; Determining the Amount of Spousal Maintenance; Determining the Duration of Spousal Maintenance; Special Considerations in the Amount and Duration of Spousal Maintenance; Modification of Spousal Maintenance

- Susan C. Rhode

CHAPTER FOUR

Determining Gross Income for Maintenance and Support

What is Income for Support Purposes?; Types of Income Relevant to Determining Spousal Maintenance and Child Support; Issues Specific to Child Support; Other Considerations; Practice Aids; Pay Stub; Individual Tax Return; S Corporation Tax Return; Partnership Tax Return; Neutral Expert Report and Schedules; Non-Neutral Expert Report and Schedules; Calculations of After-Tax Cash Flow; Calculating Lump-Sum Buyouts of Spousal Maintenance; Estimating Post-Retirement Cash Flow; Calculating the Present Value of Life Insurance to Secure Support

- Karen Kritta

CHAPTER FIVE

Pension Valuation and Division in Divorce

Introduction; Selection of an Actuary; Types of Retirement Plans; Other Pension Issues; Actuarial Present Value Calculation; Actuarial Analysis of Joint and Survivor Annuity Option; Authorization Letters

- Terry-Lynne J. Lastovich

CHAPTER SIX

QDROs and Treatment of Fringe Benefits in Divorce

Retirement Benefits – Qualified Retirement Plans; Company-Sponsored Life Insurance; COBRA; Qualified Medical Child Support Order (QMSCO); Cafeteria Plans; Nonqualified Plans

- Patrick W. O’Brien

CHAPTER SEVEN

Real Estate Valuation and Division

Introduction; What the Attorney Needs to Know; Defining the Valuation Purpose; Determining the Date of Value; Understanding and Using Uniform Standards of Professional Appraisal Practice (USPAP); Highest and Best Use of the Property; The Approaches to Value; Report Reconciliation; Other Considerations in Marriage Dissolutions; Valuing a Partial (Fractional) Interest in Real Estate; Attorney Preparation and Selection of Appraiser; Litigation Involving Real Estate Values; The Use of Neutrals in Divorce Cases; Making the Appraisal More Persuasive; Conclusion; Standards Rules and Report Comparison Chart

- William C. Herber & Robert J. Strachota

CHAPTER EIGHT

Business Valuation and Division

Introduction; Valuation Date; Standard of Value; Factors Affecting Value; Analysis Framework – Financial Statement Adjustments; Valuation Approaches; Valuation Premiums and Discounts; Other Valuation Issues in the Divorce Context

- Patrick K. Schmidt

CHAPTER NINE

Advanced Issues in Business Valuation and Division

Introduction; Minnesota’s Seminal Valuation Case: Nardini V. Nardini, 414 N.W.2d 184 (Minn. 1987); Personal Versus Professional (Business) Goodwill; The Impact of a Buy-Sell Agreement; Key Person Discount; Effect of Built-In Income Taxes; Nonmarital Issues Related to Business Interests; Special Issues Related to Pass-Through Entities; Should a Business Owner Be Protected from a Possible “Double Dip?”; Common Mistakes Lawyers Make When Dealing with Business Valuation Issues; Revenue Ruling 59-60, 1959-1 C.B. 237, I.R.C. § 2031

- Stephen G. Dennis

CHAPTER TEN

Tax Issues for Family Lawyers

Introduction; Tax Planning Related to the Dependency Exemption; Tax Planning Related to the Child Tax Credit; Tax Planning Related to Head of Household Filing Status; Tax Planning Related to Family Support; Valuation of Property and Discounts for Taxes; Tax Principles Related to Property Divisions; Other Tax Issues; Alimony Recapture Calculation; Worksheet for Determining Deduction for Exemptions

- Stephen G. Dennis

CHAPTER ELEVEN

Nonmarital Claims and Tracing

Introduction; Statutory Definitions; Case Law Definitions – Increase in Value; Burden of Proof; Character of Nonmarital Property – Tracing Issues; Invading Nonmarital Property; Conclusion

- Ben M. Henschel

CHAPTER TWELVE

Financial Issues in Antenuptial and Postnuptial Agreements

Introduction; Minnesota Statutory Basis and Requirements; Minnesota Statutory and Case Law; Reasons for an Antenuptial and/or a Postnuptial Agreement; Drafting the Antenuptial or Postnuptial Agreement; Amending or Revoking Antenuptial or Postnuptial Agreements; Execution of the Antenuptial or Postnuptial Agreement; Enforcing or Challenging Antenuptial or Postnuptial Agreements; Conclusion

- James J. Vedder & Edward L. Winer

CHAPTER THIRTEEN

Treatment of Equity-Based Awards in Divorce

Equity-Based Compensation – Generally; Types of Equity-Based Compensation Awards; Eligibility for Awards; Common Provisions of Awards; Stock Options; Restricted Stock; Stock Appreciation Rights; Restrictions on Transferability; Tax Treatment; Issues in Divorce; Practical Suggestions; Gross Income Transfers of Property Incident to Divorce: Revenue Ruling 2002-22, Internal Revenue Bulletin 2002-19 at 849; Federal Insurance Contributions Act (FICA), Options and Deferred Compensation Transfer on Divorce: Revenue Ruling 2004-60, Internal Revenue Bulletin 2004-24 at 1051; I.R.S. Private Letter Ruling 13030-04 (2005)

- Michael W. Schley

CHAPTER FOURTEEN

Stock Options in Minnesota Divorce Cases

Overview of Status of Stock Options in Minnesota Divorce Cases

- Kathleen M. Newman

CHAPTER FIFTEEN

Financial Issues in Farm Divorces

Introduction; General Financial Issues in Marital Dissolutions Involving Farms; Property Issues; The Valuation of Assets; Date of Valuation; Nonmarital Issues; Determination of Farm Liabilities; Division of Assets and Liabilities; Calculation of Farm Income for Purposes of Determining Child Support and Spousal Maintenance; Tax Issues; Conclusion; Light Equipment Inventory

- Michael D. Dittberner & Kathleen Kissoon

CHAPTER SIXTEEN

Financial Discovery and Submissions

Introduction; Financial Discovery; Financial Submissions to the Court; Sworn Statement of Assets, Liabilities and Income; Interrogatories; Request for Production of Documents; Request for Admissions; Notice of Taking Deposition; Notice of Motion And Motion; Application for Temporary Relief; Prehearing Statement

- Kathleen Kissoon

CHAPTER SEVENTEEN

Advanced Issues in Pension and Benefits Division

Introduction; Employer’s Financial Status; Survivor Benefits; QDRO Timing; IRA Division; Miscellaneous Retirement Issues; Health Coverage Costs;

- Thomas M. Hughes

CHAPTER EIGHTEEN

Bankruptcy and Divorce

Introduction to Bankruptcy Law; Types of Bankruptcy; Types of Claims; Property of the Estate; Exemptions; The Automatic Stay; Discharge and Dischargeability; The Intersection Between Bankruptcy and Family Law; Practical Tips for Family Law Practitioners

- Dorraine A. Larison

CHAPTER NINETEEN

Working With Financial Experts

When To Use A Financial Expert; Should You Use Your Own Expert Or A Neutral Expert?”; Court-Appointed Neutral Experts; Expert Reports And Files; Discovery Of Expert Information; Discovery of Attorney’s Communications to Experts; Deposing the Opposing Expert; Trial Overview; Direct Examination of Experts; Cross Examination of Experts

- Jaime Driggs & Alan Eidsness

CHAPTER TWENTY

Advanced Financial Issues in Farm Divorces

Introduction; Discovery and Valuation; Proof of Value; Nonmarital Claims; Agricultural Produce – Income or Asset?; Tax Consequences; Income for Child Support or Maintenance; Farm-Related Debt; Temporary Relief; Property Equalization Award – Cash Settlement; Disproportionate Property Division; Bankruptcy; Post-Trial Motions

- Raymond Walz

CHAPTER TWENTY-ONE

Family Law and the Military

Introduction; Determining Active Service; Commencing the Divorce Action; Spousal and Family Support Regulations; Child Custody; Retirement Calculations and Other Property Division; Disability Compensation Issues; Survivor Benefit Plan – 10 U.S.C. §§ 1447-1455; Military Pension Division Orders; Other Pension Issues

- Johanna Clyborne
 

CHAPTER TWENTY-TWO

Advanced Property and Maintenance Issues

Introduction; Unequal Property Divisions – When and How are They Appropriate Under the Law?; Lump-Sum Spousal Maintenance Payments; Interrelationship Between Property Divisions and Lump-Sum Spousal Maintenance; Approaches to Settlement: The Big Pictures – Do Not Forget Creativity; Conclusion: Final Important Practice Tips

- Honorable Stephen C. Aldrich & Jana A. Deach