8:00 – 8:45 a.m.

CHECK-IN & CONTINENTAL BREAKFAST

8:45 – 9:00 a.m.

WELCOME & INTRODUCTION

Institute Chair Rana S. Alexander

9:00 a.m. – 12:30 p.m.

MORNING PLENARY SESSIONS

 

9:00 – 9:45 a.m.

Minnesota and the Future of Same-Sex Marriage

Dale Carpenter

 

9:45 – 10:30 a.m.

Three Snapshots – The Intersection of Family Law and Three Related Practice Areas

Medical Assistance
Jeffrey Schmidt & Mark Anderson

Orders for Protection and Harassment Restraining Orders
Rana S. Alexander

Child Protection
Judge Anne K. McKeig & Marian E. Saksena

10:30 – 10:45 a.m.

BREAK

 

10:45 – 11:45 a.m.

The Affordable Care Act and Its Impact on MN Family Law – What We Know and Don’t Yet Know

Insights from government representatives, experienced family lawyers and a Legal Aid lawyer on the impact of the Affordable Care Act on family law practice including child support, taxes and more.

James W. Donehower, Sonja Trom Eayrs, Commissioner Lucinda E. Jesson & Ralonda Mason

Gary A. Debele, moderator

 

11:45 a.m. – 12:30 p.m.

A Framework for Identifying, Understanding and Accounting for Domestic Violence in Family Law Settings

So, somebody in your case says there’s been domestic abuse. What are you supposed to do? This presentation will offer a detailed description of a framework for identifying, understanding and accounting for the nature, context and implications of domestic violence. It will provide practical guidance on how to apply the framework in various family law settings. At the conclusion of this session, participants will be better able to: Utilize the framework to improve their understanding of their clients’ domestic violence-related issues and concerns; Apply the framework in their family law practice; Respond to domestic violence-related issues in a more effective manner.

Gabrielle Davis & Loretta M. Frederick

12:30 – 1:30 p.m.

INSTITUTE LUNCHEON

provided by Minnesota CLE

1:30 – 2:30 p.m.

BREAKOUT SESSION A

 

101

Overview of Your First Divorce

2-hour session

Scope of representation; Overview of the divorce process; Who does what? – Identifying the players in a family court proceeding; Alternative dispute resolution in Minnesota family law Cases; What law applies and where do you find it? Key legal resources for the family law practitioner; Introduction to the John and Jane Doe divorce hypothetical.

Zachary A. Kretchmer & Scott M. Rodman

 

102

2014 Social Science Update: What the Latest Research Tells Us About Kids and Parenting

Mindy Mitnick explains the relevance of the latest research on custody arrangements, the impact of domestic violence on parents and children, and the relationships between divorce and children’s mental and physical health.

Mindy F. Mitnick

 

103

Making Sense of Employee Stock Programs: NQSOs, ISOs, RSUs, ESOPs and ESPPs

Distinguishing and understanding employee stock programs can be confusing. This session will provide resources for managing your case and advising your clients in the division of these assets. It will also explore ways in which you can use a financial expert during the divorce process and to coordinate the post-decree logistics of exercising stock options, etc. awarded to a non-employee spouse after the divorce is finalized.

Terryl Johnson, Elizabeth L. Juelich & Perry S. Long

Sherri L. Krueger, moderator

 

104

Antenuptial Agreements in Same-Sex Marriages

With Minnesota finally recognizing same-sex marriage as an option for our clients, the presentation will address issues for you to consider in drafting antenuptial agreements for those couples who have had a long-term domestic partnership prior to the date of marriage.

Rebecca Heltzer & Melissa Houghtaling

 

105

7 Things Every Family Lawyer Should Know About Medical Assistance

Mark Anderson & Jeffrey Schmidt

 

106

Diving Deeper Into the Retirement Benefits Pool

Tom Hughes will lead a discussion of unique considerations when dividing governmental and other pensions. Plans discussed will include federal and state employee retirement plans (FERS, CSRS, MSRS, TSP, PERA), military retired pay, railroad retirement benefits and union sponsored plans. Common misperceptions and how a family law lawyer should analyze benefit statements will be examined.

Thomas M. Hughes

 

107

ListServ Live Open Forum: Child Support

A star of the Family Law ListServ tackles your toughest questions in this open forum on child support.

Sandra M. Torgerson

 

108

Temporary Relief Hearings: How to Best Use Them If You Can Get One, and What to Do If You Can’t

What types of cases need temporary relief? Why is there judicial resistance in some counties to conducting these hearings? What can attorneys do to get a hearing date, and then prompt relief after the hearing? How can you obtain relief for your client if the judge won’t conduct a hearing? The panel will address these questions, and also provide strategies for preparing for temporary hearings, including what to, and what not to, include in your temporary pleadings.

Jill I. Frieders, Brook R. Mallak & Judge Gary R. Schurrer

Elizabeth B. Bryant, moderator

2:30 – 2:45 p.m.

BREAK

2:45 – 3:45 p.m.

BREAKOUT SESSION B

 

Overview of Your First Divorce, continued

 

201

The Impact of the Haefele Case on Child Support for Business Owners

The Supreme Court’s decision in Haefele v. Haefele changed the landscape in child support litigation involving owners of closely-held businesses. In this discussion moderated by financial expert Stephen Dennis, the family law attorneys involved in the case, Vija Brookshire and Alan Eidsness, take an in-depth look at the meaning of the decision and its impact on business owners.

Vija L. Brookshire & Alan C. Eidsness

Stephen G. Dennis, moderator

 

202

Navigating Short-Sales and Foreclosures in 2014

Short-sales and foreclosures have become common in divorces. Get an update on where things are and an outlook on future trends, including: Key differences between short-sales and foreclosures; Tax implications after 2013; The effect of each process on a client’s credit and ability to purchase a new home; Strategies for your divorcing clients.

Amy Jensen Wolff

 

203

Custody and Parentage for Same-Sex Couples: Legal Issues, Litigation Strategies and the New Gender Neutral Marriage Law

This presentation will address the unique legal issues facing same-sex couples in building families and transitioning those families when a relationship ends, with a particular focus on the impact of the new gender neutral marriage law in Minnesota. 

Mary Pat Byrn & Gary A. Debele

 

204

7 Things Every Family Lawyer Should Know About OFPs and HROs

Rana S. Alexander

 

205

Beware the Karon Clause!

Learn the ins and outs of the Karon waiver based upon the legal precedent set in Karon v. Karon, 435 N.W.2d 501 (Minn. 1989) and participate in an interactive discussion of effective and ineffective Karon waivers. Learn how to draft a waiver of the statutory right to modification of spousal maintenance that will withstand judicial scrutiny. Discover how damages might be calculated if a Karon waiver is determined to be legally-deficient and what to do about it.

John Rob Hill & Steven P. Katkov

 

206

ListServ Live Open Forum: Bankruptcy and Divorce

Two stars of the Family Law ListServ tackle your toughest questions in this open forum on bankruptcy and divorce.

Rebecca S. Christensen & Sean P. Stokes

 

207

Good Answers to 15 Weird Questions From Clients

Join two experienced family lawyers for an interactive discussion that will help you answer some of the weird questions that you might occasionally hear from your family law clients.

Cheryl M. Prince & Barbara J. Runchey

3:45 – 4:00 p.m.

BREAK

4:00 – 5:00 p.m.

BREAKOUT SESSION C

 

301

Your First Divorce: The Initial Client Interview and Property Division

Joani C. Moberg & Melissa J. Nilsson

 

302

10 Questions and Answers About E-Filing and E-Courts

The Chief Judge of the Fourth Judicial District will answer the ten questions most frequently asked by family lawyers about E-Filing and E-Courts.

Chief Judge Peter A. Cahill

 

303

Walking the Neutral Tightrope

The use of neutral financial experts has become a common practice. However, unless the engagement is handled carefully, the value of the neutral financial expert can be lost. What are the specific issues to address? This session will identify the “best practices” for using a financial neutral. Also covered will be specific issues that can arise in neutral engagements in the areas of business valuation, non-marital tracing, forensic analysis, and cash flow projections.

Rachel M. Flaskey & Thomas W. Harjes

 

304

Income Tax, Estate Tax and Related Planning in Light of Minnesota’s New Civil Marriage Law

Minnesota’s New Civil Marriage Law means significant changes for same-sex couples who now have the opportunity to marry. This session will explore the benefits and burdens associated with marriage and how to help your client decide if “I do” is right for them.

Michelle L. Rehbein & Shane Swanson

 

305

7 Things Every Family Lawyer Should Know About Child Protection

Judge Anne K. McKeig & Marian E. Saksena

 

306

Dissipation, Depletion and Depreciation: Defining the Differences

Dissipation, depletion and depreciation claims can be valuable tools in divorce. The presenters will describe the important differences among them, discuss recent case law involving them, and share strategies for pursuing each type of claim.

Jana Aune Deach, Perry S. Long & James J. Vedder

 

307

ListServ Live Open Forum: Retirement Benefits

A star of the Family Law ListServ tackles your toughest questions in this open forum on retirement benefits.

Thomas M. Hughes

 

308

How to Help Your Clients Move on From Divorce

This presentation will address how to assess the loss of family your client is experiencing, strategies for leading clients through transition, managing client fears, and understanding the importance of parental leadership. Presenters will also demonstrate applications of techniques. 

Michael Borowiak & Lori Thibodeau

5:00 – 5:45 p.m.

JOIN US FOR THE INSTITUTE RECEPTION

All 2014 Family Law Institute attendees are invited to stay for refreshments, snacks and conversation with faculty, colleagues and friends.

Reception sponsored by

Tuesday, March 25

8:30 – 9:00 a.m.

CONTINENTAL BREAKFAST

Breakfast sponsored by

 

 

9:00 – 11:45 a.m.

(includes 15-minute break)

MAIN PLENARY SESSION

The Eugene L. Kubes Annual Case Law and Legislative Update

A comprehensive and indispensable review of the most important cases and the latest legislation, issues and trends in family law.

Michael D. Dittberner, Jaime Driggs, Zachary A. Kretchmer, Dana K. McKenzie, Melissa J. Nilsson, Suzanne M. Remington & Jennifer Sommerfeld

 

 

ALTERNATE PLENARY SESSION

Elimination of Bias: Understanding Problem Gambling and Its Impact on Family Law

2.5 elimination of bias credits applied for

One Lawyer’s Story

Hear a riveting true story of how a successful lawyer spent over $1,600,000 of his client’s trust account funds on his gambling addiction and ultimately went to jail. His story is not all that unusual as many lawyers (and their clients) are affected by a gambling disease. Mr. Burke recounts his journey from successful lawyer and respected community member to a gambling addict serving time in prison for stealing client funds.

Michael J. Burke

Problem Gambling in Minnesota: Issues for Family Lawyers and Clients

Michael Burke and three panelists share advice for recognizing addictive behavior in your family law clients. Learn what to look for, what you can do, and what resources, including treatment, are available for them.

Ryan D. Anderson, Joan Bibelhausen, Michael J. Burke & Mary B. Magnuson

11:45 a.m. – 1:00 p.m.

INSTITUTE LUNCHEON

provided by Minnesota CLE

1:00 – 2:00 p.m.

BREAKOUT SESSION D

 

401

Your First Divorce: Spousal Maintenance and Child Custody and Parenting Time

Joani C. Moberg & Melissa J. Nilsson

 

402

Spousal Maintenance, Child Support and Asset Division for Parents of a Disabled Child: Reasons to Deviate

When a child who has a disability is involved in a dissolution proceeding, there may be many reasons to deviate from child support guidelines and from general assumptions about spousal maintenance and property division. This presentation will include specific fact scenarios that will illustrate how these factors could result in an upward (or downward) deviation for child support, higher spousal maintenance, or an unequal property division. The fact scenarios will also be used to demonstrate how to best meet the needs of a child who has a disability by ensuring that the child has appropriate financial resources available throughout his or her lifetime AND is eligible to receive government benefits. Meeting the needs of a child who has a disability – now and in the future – is often the primary goal for divorcing parents of a child who has special needs. This presentation will help family law attorneys meet that goal.

Amy Dawson

 

403

Avoiding the 7 Most Common Pitfalls to Getting Enforceable Child Support Orders

This session will provide tips to avoid the 7 most common pitfalls to getting enforceable child support orders for your clients. Some of your clients will end up representing themselves on their child support cases after you get an order for them, so it is very important for the order you get for them to be clear. Some of the issues that will be discussed will be ensuring that paternity is properly addressed for children not born during marriage, showing your math, and not being too creative with language. Audience members will receive helpful handouts, hints, and have an opportunity to ask their difficult questions to three experienced Assistant County Attorneys.

Dorrie Estebo & Theresa Farrell-Strauss

Melissa Rossow, moderator

 

404

Military Law and Benefits for Same-Sex Couples in Family Law Cases

How does the United States Supreme Court case, U.S. vs. Windsor, which struck down the Defense of Marriage Act, and Minnesota’s House Bill H.F. Number 1054 affect same-sex military couples in Minnesota? What Department of Defense benefits are extended to same-sex partners? Join two military law experts for answers to these questions and discussion of military law and regulations affecting same-sex couples.

Johanna Clyborne & Captain Lyndsey Olson

 

405

Recent Case Law and Trends in Spousal Maintenance

A close look at recent Minnesota and national case law dealing with maintenance issues and commentary on emerging trends relating to amounts, payment terms and settlements. The discussion will be preceded by audience voting on hypothetical maintenance scenarios.

Patrick McCullough, Robert E. Oliphant & Courtney Pedersen-Louis

 

406

Parenting in the Context of Coercive Control

Building on the plenary presentation, this practical, interactive workshop offers guidance to family law professionals on identifying, understanding and accounting for the effects of coercive controlling abuse on parenting and co-parenting. It explores what it can be like to parent, co-parent and be parented in the context of coercive control. As a result of this workshop, participants will be better able to: Recognize and distinguish the main characteristics of coercive-controlling abuse, violent resistance, and other forms of intimate partner abuse; Employ a context-based approach to evaluate parenting and co-parenting by abusive and abused parents and their effects on children; Develop concrete parenting recommendations that account for the parenting implications of coercive-controlling abuse.

Gabrielle Davis & Loretta M. Frederick

 

407

Elimination of Bias: Understanding Problem Gambling and Its Impact on Family Law

2-hour session
2.0 elimination of bias credits applied for

First Hour: One Lawyer’s Story

Hear a riveting true story of how a successful lawyer spent over $1,600,000 of his client’s trust account funds on his gambling addiction and ultimately went to jail. His story is not all that unusual as many lawyers (and their clients) are affected by a gambling disease. Mr. Burke recounts his journey from successful lawyer and respected community member to a gambling addict serving time in prison for stealing client funds.

Michael J. Burke

Second Hour: Problem Gambling in Minnesota – Issues for Family Lawyers and Clients

Michael Burke and three panelists share advice for recognizing addictive behavior in your family law clients. Learn what to look for, what you can do, and what resources, including treatment, are available for them.

Ryan D. Anderson, Joan Bibelhausen, Michael J. Burke & Mary B. Magnuson

 

408

9 Traps to Avoid When Settling a Divorce Case

Don’t make the oh-so-common mistakes! You’ll learn what the 9 traps are and how to avoid them, including taxes, retirement, credit score problems and real property problems to name just a few!

Jason C. Kohlmeyer

 

409

Forecast Calls for Clouds: How to Ethically Use the Cloud

1.0 ethics credit applied for

Learn how to securely, ethically and efficiently implement cloud-based software into your family law practice.

Matt Spiegel

Session sponsored by

2:00 – 2:15 p.m.

BREAK

2:15 – 3:15 p.m.

BREAKOUT SESSION E

 

Understanding Problem Gambling, continued

 

501

Your First Divorce: Determining Child Support and Tax Issues in the Typical Divorce

Lisa T. Spencer & James J. Vedder

 

502

Special Needs Planning in Divorce and Custody Cases: Dealing With Children’s SSI and Special and Supplemental Needs Trusts

Amy Dawson & Karen T. Kugler

 

503

Child Support and Expedited Process Panel

2-hour session

Navigating Families in Crisis Through the Affordable Care Act
Magistrate Steven J. Running

Deviations from the Child Support Guidelines – Getting the Order Right
Magistrate Sangeeta Jain

The County Already Has a Child Support Order in Place – How Will This Affect My New Custody or Dissolution Case?
Sarah E. Winge

The Role of Private Counsel in the Expedited Process
Paul W. Clabo

Magistrate Jan Craig Nelson, moderator

 

504

5 Unresolved Issues for Same-Sex Couples

Same-sex marriage was legalized in Minnesota in 2013, but many issues remain unresolved. This panel will focus on five such issues, including interstate and international recognition of same-sex marriage; how to determine the date of marriage for marital property and maintenance purposes; taxes for same-sex couples; and more.

Valerie Arnold, Susan Minsberg & Karen Sandler Steinert

Rana S. Alexander, moderator

 

505

What Does the Reasonable Preference of the Child Mean for Custody Purposes?

Susan J. Mundahl & Tifanne E.E. Wolter

 

506

The Staggering Costs of Childhood Trauma: Legal Responses to Improve Outcomes

Repeated exposure to traumatic events can significantly disrupt child development and lead to life span consequences including early death. As a follow-up on last year’s session on Adverse Childhood Experiences, a January 2014 pilot project developed practical techniques for family court interventions. Your expert presenters will expand on these and other practices for incorporating a trauma-informed perspective in your practice.

Chris Bray & Saprina Matheny

 

507

Tying Up Loose Ends: A Checklist for Addressing the Final Details of a Divorce

A divorce isn’t over when the judgment and decree is signed. Attend this session for a review of important post-divorce tasks; including real estate transfers, vehicle title transfers, changing life insurance beneficiary designations, updating estate plans, name changes, and more.

Thomas Tuft

 

508

Why Law Firm Websites are Designed to Fail – and How to Appeal to the Legal Consumer

When evaluated against their potential in a given market, many law firm websites create less – sometimes far less – business impact than they could if they were constructed more effectively. Too often they are built to satisfy the needs of the attorneys and not the legal consumers they are targeting. This presentation will explore how law firms must appeal to the psychology of consumers to design websites that focus on converting visitors into paying clients.

Michael Owen Hill

Session sponsored by

3:15 – 3:30 p.m.

BREAK

3:30 – 4:30 p.m.