Family Law Section

News from the Section

Message from the Chair – FLEXCOM and Family Law Legislation, by Mark Ressa

Dear Family Law Section Member,

Mark Ressa I am taking this opportunity to fill in for Family Law Section eNews Editor Michael J. Kretzmer, CFLS. Michael has his hands full preparing for the AFCC 50th Anniversary Conference that will be held in Los Angeles, May 29-June 1, 2013 (pictured Mark Ressa, Chair of Family Law Section Executive Committee). One of the functions for which FLEXCOM (Family Law Executive Committee of the Family Law Section of the State Bar of California) is best known is its role in legislation advocacy. Every year, FLEXCOM reviews all pending state legislation identified as impacting the practice of family law. FLEXCOM members meet twice annually, once in March and again in April, and convene various conference calls throughout the year to review bills as they weave their way through the legislative process.

After reviewing a bill, members vote on whether to take a position in support or opposition on behalf of the Family Law Section. This translates into an advocacy letter and, in some instances, testimony from a FLEXCOM member before a legislative committee.

Legislative Chair Yasmin S. Mehmet leads the legislation orientation meeting. In preparation for this work, FLEXCOM members first attend legislation orientation, which took place at the State Bar Office located in San Francisco, on December 3, 2012 (pictured Legislation Chair Yasmine S. Mehmet, CFLS leads the meeting).

At the one day meeting the Legislation Chair, Yasmine S. Mehmet, CFLS and her legislation team (Vice-Chair Raymond Goldstein and Asst. Leg Chair Vanessa Kirker-Wright) walked committee members and Standing Committee Chairs through the legislation process; how we as committee members contact the author’s office, analyze the bills, on what basis we recommend a position, and the mechanics of how ‘bill sheets’ prepared by the reviewing members are distributed to the other members, advisors and Standing Committee Chairs.

Drew Liebert and Yasmine S. MehmetOn February 6th of this year, FLEXCOM held its annual Legislative Orientation Day in Sacramento. Every February, FLEXCOM members, advisors and Standing Committee Chairs meet with legislators, committee staff, and legislative aides to discuss pending family law issues and other political trends (pictured at right Drew Liebert being introduced by FLEXCOM Legislation Chair Yasmine S. Mehmet, CFLS).

This year FLEXCOM heard from Tracy Kenny, Judicial Counsel of California – Administrative Office of the Courts; Assemblyman Luis Alejo, Member of the Assembly Judiciary Committee; Assemblyman Donald P. Wagner, Vice Chair, Assembly Judiciary Committee; Assemblyman Bob Wieckowski, Chair, Assembly Judiciary Committee; and the ever popular Drew Liebert, Chief Counsel of the Assembly Judiciary Committee.

This year’s March meeting will be held the weekend of the 8th and 9th in Sonoma. There are 33 bills. A matrix of those bills can be found HERE.

Assemblyman Luis AlejoMembers of the Family Law Section have an opportunity to participate in the advocacy process (pictured at left Assemblyman Luis Alejo, Member of the Assembly Judiciary Committee). Prior to voting on bills, FLEXCOM members obtain input from specified advisors and standing committees. These standing committees, grouped either on substantive issues or geographic considerations, send a representative to FLEXCOM legislative meetings and express the opinions of their respective members. A list of these committees can be found HERE. If you are interested in finding out more about the work of a particular standing committee, please contact the committee chair for further information. Consider becoming involved in a standing committee to have your voice heard and stay tuned to eNews for updates.

Commissioner Sue Alexander Receives 2012 Judicial Officer of the Year Award (FLJOY)

Chris Melcher, Commissioner Sue Alexander, and Sherry Peterson Commissioner Sue Alexander from Alameda County was presented with the 2012 Judicial Officer of the Year Award at the Family Law reception held on October 12th, 2012 at the 85th Annual Meeting for the State Bar of California (pictured L-R former FLEXCOM Chair Chris Melcher, FLJOY recipient Sue Alexander and FLEXCOM Advisor Sherry Peterson). For thirty years, Commissioner Alexander has redefined the term stepping up to the plate by consistently and substantially contributing her time and expertise to the improvement of family law on a variety of levels.

Before being appointed to the bench in 1997, Commissioner Alexander was in private practice for fourteen years attaining the level of Certified Family Law Specialist as well as Certified Specialist for Estate Planning, Trust, and Probate Law. Commissioner Alexander has been an active member in the Judicial Council, Family/Juvenile Advisory Committee, Elkins Task Force, Elkins Recommendation Committee, Family Law Curriculum Committee (CJER), AOC Representative to the Department of Child Support Services Judicial Stakeholders Committee and Computer Development, CFCC Resource Guidelines Drafting Team, CFCC Judicial Officer Subject Matter Expert to CCMS, CFCC 1058/1059 Budget Allocation Committee, CJA Family Law Committee, CJA Executive Board, CJA Foundation Board, CCCA Board, Joint Advisory Task Force on the Legal Representation Pilot Project, and various committees for Alameda County Superior Court including but not limited to Community Focused Court Planning (Strategic Planning), Family/Juvenile Ad Hoc Committee, as well as the 1058 Implementation Committee Chair.

In her spare time, Commissioner Alexander teaches numerous programs for CJER, CJSP, CFCC, as well as local court and college courses in the area of family law, probate, and ethics.

2013 Family Law Awards

 The Executive Committee for the Family Law Section of the State Bar of California (FLEXCOM) is seeking nominations for outstanding contributions to the practice of family law for 2013.  The award categories are Family Law Judicial Officer of the Year, Family Law Lifetime Achievement Award, Excellence in Family Law, Court Staff Award, and Barrister of the Year and are described below.

Family Law Judicial Officer of the Year – The award is intended to recognize excellence on the Family Law bench. Particular focus is paid to outstanding service to the practice of Family Law, career achievements, or a distinguishing singular act or performance of the nominee.

Family Law Lifetime Achievement Award – Designed to honor and recognize the most distinguished long-term achievements and sustained substantial contributions to the substance or practice of Family Law in the State of California over the recipient’s career or lifetime. 

Excellence in Family Law – The award is to honor and recognize recent notable acts or outstanding service that contributes substantially to the improvement of California Family Law substance or practice. Recipient need not be a lawyer.

Court Staff Award – The award is to honor and recognize sustained superior performance or extraordinary efforts in the recipient’s performance of his or her work with the Family Law courts.  Nominations shall be solicited from Family Law bench officers.  Nominees shall be deserving court personnel, which may include (but not limited to) clerks, judicial assistants, Family Law Facilitators, DV counselors, court reporters, bailiffs, administrative personnel and Family Court Services employees.

Barrister of the Year Award – The award is to recognize outstanding contributions to the practice of Family Law or outstanding performance in the practice of Family Law for barrister lawyers. The recipient of this award must be a lawyer who practices primarily in the area of Family Law and who has been a member of the State Bar of California for five (5) years or less.  The recipient need not be a member of the Family Law Section. Nomination forms can be obtained by sending an email to Sherry Peterson at sherry@famlaw.com; Deborah Wald at Deborah@waldlaw.net; or Mitch Wood at mitch.wood@calbar.org The deadline for submissions of nominations is May 15, 2013.

Webinar: Marketing Your Family Law Practice

Thursday, May 16, 2013, 12 noon - 1 p.m.

Graphic with link to registration for the webinarThis program offers 1 hour credit of participatory MCLE credit and 1 hour credit of legal specialization credit in the area of Family Law. You must register in advance in order to participate.

This informative webinar will explore various marketing techniques and behind the scenes strategies in order to help you grow your business while staying within your budget. Talking points include an in-depth analysis of marketing, advertising, social media, maintaining a marketing budget, identifying target markets, calculating return on investments, Search Engine Optimization, networking, public speaking and volunteering. Attorneys Steven Mindel, CFLS* of Feinberg Mindel Brandt & Klein, LLP and Fernando Luna of the Law Offices of Fritzie Galliani, APC, will present this pertinent information in Q & A format.

The Essentials of a Family Law Case

Wednesday, May 22, 2013
The State Bar of California Offices
180 Howard St, San Francisco

Earn 6  Hours of MCLE
Including 6 Hours in Family Law Legal Specialization

You can now REGISTER ONLINE for this program.

Thinking about taking on a family law case?  This one day class will cover the basics of what you will need to know from initial filings through judgment documents and modifications.  An esteemed panel of bench officers and attorneys will walk you through the highlights of the substantive law, as well as outline numerous practice pointers to help you navigate your way through each matter.  Topics will include basics for new attorneys, initial filings, jurisdiction, temporary orders, parentage, custody, parenting plans, child support, temporary and post judgment spousal support, property, attorney fees, judgment issues, and post judgment modifications.

See the full program brochure at The Essentials of a Family Law Case.

Webinar: Management and Operation of a Successful Family Law Practice

May 30, 2013, 12 noon- 1 p.m.

Graphic with link to registration for the webinarThis program offers 1 hour credit of participatory MCLE credit and 1 hour credit of legal specialization credit in the area of Family Law. You must register in advance in order to participate.

This informative webinar will discuss law firm management. Talking points include effective accounts receivable management, accurate expense forecasting and compensating associates and staff. The information presented in this webinar will provide you with the proper tools necessary for successfully managing a small to midsized law firm. Attorneys Steven Mindel, CFLS* of Feinberg Mindel Brandt & Klein, LLP and Fernando Luna of the Law Offices of Fritzie Galliani, APC, will present this pertinent information in Q & A format.

Webinar: Beyond Restraining Orders: Practices and Laws to Maximize Safety for Domestic Violence Survivors in Family Law Cases

Thursday, June 27, 2013, 12 noon - 1 p.m.

Graphic with link to registration for the webinarThis program offers 1 hour credit of participatory MCLE credit and 1 hour credit of legal specialization credit in the area of Family Law. You must register in advance in order to participate.

This webinar will provide tips for working with domestic violence survivors in family law cases.  We will explore how domestic violence dynamics may play out in family law cases, crafting safe parenting plans, laws that address domestic violence in the family code (other than restraining orders) and maximizing safety at court.

Speaker: Minouche Kandel, Staff Attorney, Bary Area Legal Aid

Webinar: Enforcing Child Support through the Department of Child Support

Thursday, August 8, 2013, 12 noon - 1 p.m.

Graphic with link to registration for the webinarThis program offers 1 hour credit of participatory MCLE credit and 1 hour credit of legal specialization credit in the area of Family Law. You must register in advance in order to participate.

The Department of Child Support Services (DCSS) has many mechanisms for the enforcement of support orders and arrears, many of which are not available to private attorneys. In addition to standard enforcement that is available through the courts, specialized enforcement mechanisms include license suspensions, both drivers and professional, passport suspensions, state and federal tax intercepts, lottery winning intercepts, credit reporting, and intercepts of unemployment, disability and Social Security, to name a few. These enforcement mechanisms can be very effective, especially when dealing with self-employed obligors. Additionally, DCSS receives data from numerous federal and state sources which provide a lot of information about the location, assets and income of obligors. Come listen and learn how DCSS uses these tools and information which may assist your clients.

Be A Hero to Your Client by Helping Them Save Taxes

by Christopher C. Melcher

There isn't much good that comes from a divorce, except for perhaps getting out of a bad relationship -- and sometimes saving money on taxes. Clients may be surprised to learn that they may be able to deduct some of those fees they paid to you last year. Fees incurred by a spouse in attempting to obtain spousal support are deductible per IRC section 212, par. (1). This makes sense because spousal support is taxable as income to the recipient, so there should be a deduction for the expenses paid to produce or collect that income. The deduction is an "itemized deduction" so there are limits on how much, if any, of the fees may be deducted according to the taxpayer's adjusted gross income, etc.

The payor of spousal support cannot deduct the fees paid to resist the support order. Although the payor of spousal support can deduct the support, there is no deduction allowed for expenses paid to obtain a tax deduction.

Other divorce-related fees may not be deductible, but may still provide tax benefits. For example, fees paid to obtain or protect an ownership interest in a capital asset in a divorce may be added to the tax basis of the property. (Gilmore v. US (N.D. Cal. 1965) 245 F.Supp. 383.) This means less capital gains taxes when the property is eventually sold.

Fees may be allocated according to time spent on obtaining spousal support and/or for obtaining/protecting capital assets. This can be done in a statement to the client for the fees paid in 2011. The attorney needs to be able to provide time records supporting the allocation. Please be careful not to give tax advice to the client. It is safest to say that these fees "may be deductible" and suggest that the client get advice from his or her tax preparer. Only the fees which were actually paid in 2011 can be deducted on the client's 2011 tax return.

This information should be provided to clients now, before they file their 2011 tax returns. This will be welcome news to the clients, making a very bad situation a little bit better.

Minor's Counsel Trainings Available Online

Anyone looking to complete the educational requirements for minor’s counsel appointments can now do so from the comfort of their office. The Family Law Section is pleased to present a package of presentations designed to meet both the initial and continuing education mandates. In collaboration with the Sacramento County Bar Association, video was taken from workshops conducted in 2008 and 2011.

Each package is broken down into segments based on subject matter. Please note that the Section is offering a discount to those that buy an entire package. For example, the 2008 package contains 11 separate segments. Purchasing each segment separately would cost viewers $425. If you buy the entire bundle you pay only $300. A similar discount is available for the 2011 package, which is available for $200 if you buy the entire series.

And while you are considering these offerings, please remember to view our archive of webinars available from the Family Law Section.

Reality or Myth?  Family Law Section Members Share Some Interesting Tidbits

FLEXCOM members Mark Ressa and Yasmine Mehmet recently appeared on Chuck Finney’s NPR Radio Show titled “Know Your Legal Rights”.  The topic they discussed was urban divorce myths.  So as not to keep all the fun to themselves, Mark posted some classic myths on his Twitter account.  The responses he received in just a short period of time showed the “creativity” of our practice. 

We decided to compile some of the best responses for the benefit of all our Section members.  We hope you enjoy this list.  And, if you have any other myths to share with your colleagues, you can email them to Andrew Cain at andrewc@lawfoundation.org. 

1.  I can get remarried 6 months after I file for divorce.

2.  If s/he withholds support, I can retaliate by withholding visitation, and vice versa.

3.  If she marries a high earner, my child support payments should go down.

4.  If I marry a high earner, my child support payments will go up.

5.  If I buy a house with a fat mortgage, I can't afford child support, so it should go down.

6.  Child custody is about fairness.

7.  You have to be married 10 years to get a part of your ex-spouse's pension rights.

8.  If my name is not on the credit card, I don't owe the debt incurred during marriage.

9.  I can be reimbursed for paying his/her premarital debts.

10.  S/he is the one who moved, so s/he should have to pay the kids' travel costs.

11.  If I don't like the judge's decision, I can always appeal.

12.  I should not have to pay my lawyer for the time s/he spends on the phone with my unrepresented spouse.

13.  Children can make custody decisions at age 12.

14.  Child support stops when the child is 18.

15.  The court can make the other parent chip in for the kids' college.

16.  If we're married more then 10 years, s/he has to pay for me to get a college education.

17.  I am "entitled" to:  (spousal support)(custody)(attorney fees)(life, liberty, and the pursuit of happiness).

18.  If the court orders me to pay community debts, I can always discharge them in bankruptcy.

19.  If I quit my job, I won't have to pay support.

20.  And the absolute #1 urban disso myth of all time:  marriage will be better the next time around.

21.  My friend only had to pay $50 per month child support!  (Good.  Go hire his lawyer.  And give me the lawyer's name so I may worship at his/her feet.)

22.  If we have equal custody, there shouldn't be any child support.

23.  But I have a license for marijuana!  Why should that be a custody factor?

24.  My parents beat me, and I turned out okay.

25.  FaceBook is a perfectly safe place to slam my ex, talk about my drug deals, post nude photos, and show my kids and me at drunken parties with my young adult friends.

26.  But you promised me that initial retainer would cover my whole case!

27.  I don't have to disclose joint income tax returns with my new spouse, to my former spouse.

28.  S/he is only concerned about the money, not the kids.  (Usually coupled with #29 below.)

29.  Whaddaya mean, would I accept less child support?  (Usually coupled with #28 above.)

30.  If my new significant other and I are having sex all the time, then by statutory definition, ours is not a "marriage like relationship".

31.  I know we've been married 20 years, but that 15-year-old is not his/my kid.

32.  S/he can't be a fit parent!  S/he lets the kids a) ride dirt bikes b) watch R-rated movies c) eat junk food d) stay up late e) see his crazy extended family members f) support Republicans g) whatever else irritates me that we used to do together during marriage.

33.  S/he should not have custody of the kids.  S/he has a drug/alcohol problem.  (Usually coupled with #34 below.)

34.  Sure we used to do it together, but I've been clean for 3 weeks, since separation.  (Usually coupled with #33 above.)

35.  I want what's best for my child.  (Did you ever notice that by some miracle of God, "what's best for my child" always matches what the client wants for custody?  And did you ever stop to think that all your opposing counsel out there are hearing the exact same thing from the other parent?)

36.  He would never let me get a job!  He wanted a stay-at-home wife!

37.  She refused to get a job!  She wanted to be a stay-at-home wife!

38.  Watch out!  S/he is so manipulative!

39.  I just want this over with!  (At which point I usually pick up the phone, don't dial, and speak into the receiver, "Hello, opposing counsel?  Listen - we just want this over with, so go ahead and write up an agreement with any terms you want.  We'll sign it.")

40.  It isn't fair!  (Oh, that's right - this isn't a myth.  How 'bout this one instead?)  "I'll gladly pay you Tuesday, for major litigation today."  (Apologies to Wimpy.)

Member Benefits for the State Bar Family Law Section

Member BenefitsIn addition to discounts on programs and top line continuing education, what better way to keep up with the dynamic world of family law. As a Family Law Section member, you receive a wide array of benefits unavailable to the general public. These benefits include:

  • A subscription to the Family Law News, a quarterly publication containing a variety of articles of practical interest to attorneys at all levels of experience.
  • A $75 discount on either CEB's Gold CLE Passport or any single full-priced MCLE ticket, which if used, entirely offsets the costs of your section dues. Many of these programs are presented in the webinar format where you don't have to leave your desk! You are also eligible for 10% off selected CEB print or online books.
  • Free access to Family Law Case Studies, a monthly analysis of published and unpublished Appellate Court Opinions, by Judge Jeffrey Burke of San Luis Obispo.
  • Discount on access to BriefCase OnCall™, an online updating service from Attorney's BriefCase® Legal Research Software. OnCall™ provides indexed summaries of all cases going back approximately six months relating to California Family Law, Juvenile Law, Evidence and Pretrial Adjudication.
  • Free or low-cost programs on cutting-edge issues of Family Law, presented as webinars so you don't have to travel to participate. Recent webinars include Property Division, Child Custody Evaluations and Double-Dipping.
  • Free access to Family Law ENews bulletins, keeping you abreast of developments statewide.
  • The opportunity to network with family lawyers throughout California through standing committee membership, and Section-sponsored events and activities.
  • Access to Family Law groups in e-circles, a social medium limited to members of the California State Bar, that provides a platform to network, communicate, blog and connect with other California attorneys in your practice area. You can access e-circles through your State Bar profile. To set up your State Bar profile if you have not already done so please visit www.calbar.ca.qov and click on Member Services.
  • Unlimited access to the members-only portion of the Section website, which contains valuable information for family lawyers and provides electronic access to current and past issues of Family Law News, Family Law Case Studies and many other Section publications.
  • Leadership opportunities, including eligibility to apply for service on FLEXCOM, and to nominate family law attorneys and judicial officers for statewide family law awards and recognition.
  • And, our newest benefit, the Family Law Toolkit. The Toolkit allows members to obtain MCLE credits in the hard to obtain areas such as ethics, bias and substance abuse.

The Family Law Section encourages you to continue to take advantage of these and other valuable benefits.

Other News

New Member Benefit: The Family Law Toolkit

Toolkit graphicIntroducing a new Family Law Section Member Benefit. The Family Law toolkit offers 6 Hours of Self-Study CLE Credit including:

  • 4 Hours of Ethics – Self-Study
  • 1 Hour of Elimination of Bias – Self-Study
  • 1 Hour of Substance Abuse – Self Study

The Family Law Toolkit is now available in the Family Law Members Only area.

Save money with CEB

CEB Discount Program for Section MembersContinuing Education of the Bar, California (CEB) is extending some special discount offers to our section. As a member of the Family Law Section, you're eligible for:

  • 10% off selected CEB print or online books
  • A rebate on your section dues that can be applied to the cost of a CEB Gold CLE Passport or a CLE program ticket

A complete list of the products eligible for a discount is available on a CEB web page accessible through our Members Only Area. Information about the section dues rebate program can be found on the CEB Web site.

Free Access to Attorney's BriefCase OnCall™

As a membership benefit, State Bar Family Law Section members have free access to BriefCase OnCall™, an online updating service from Attorney’s BriefCase® Legal Research Software. OnCall™ provides the following features:

  • Indexed summaries of all cases going back approximately six months relating to California Family Law, Juvenile Law, Evidence and PreTrial Adjudication.
  • Full text of all summarized opinions.
  • Week in Brief: An at-a-glance summary of all new cases by case name and holding in the four practice areas. (Week in Brief is also available by email as described below.)

For the details of the offer, see Attorney's BriefCase in the Family Law Section's Members Only Area.

Your Legal Rights"Your Legal Rights"

The Family Law Section is a sponsor of the radio program 'Your Legal Rights' which is hosted by Chuck Finney in the San Francisco Bay Area.

FLEXCOM assists in funding this public service radio program. FLEXCOM members are regular contributors. To listen to some past programs, see Your Legal Rights.Family Law Section members can access back issues of the Family Law News, special discounts for Section members and legislative tracking through My State Bar Profile. You can access this information at any time by signing into your State Bar Profile and clocking on Family Law Section - Members Only Area. Or go directly to the Members Only Home Page.

Consumer Education PamphletsConsumer Education Pamphlets Available for Purchase

The State Bar of California's "Get the Legal Facts of Life" Pamphlets are available for purchase from the State Bar. These pamphlets are both educational and informative for your clients.

For more information, see Consumer Education Pamphlets or call the Education Pamphlet Hotline: 888-875-LAWS (888-875-5297).

Online and Self-Study CLE from the Family Law Section

Online AudioView Family Law Section programs over the internet for participatory MCLE credit . Choose from hundreds of hours of official State Bar of California MCLE programs. For more information, see streaming audio and video, and select Family Law Be sure to check out CLEtoGo , downloadable podcasts you can listen to on the BART, or on the drive in or from the office.

Contact Us

Family Law Section
The State Bar of California
180 Howard Street
San Francisco, CA 94105-1639
415-538-2238
FAX 415-538-2368