Family Law Section
News from the Section
Webinar: Collecting Support and Attorney Fees from the Self-Employed
Thursday, February 2, 2012, 12 p.m. - 1 p.m. Pacific Time.
1.0 Total Participatory MCLE Credits, 1.0 of which may be applied toward Legal Specialization in Family Law (No Ethics) To register, see
If offered the choice of: (1) non-anesthetic dental surgery, or (2) enforcing a judgment against a self-employed debtor, which would you choose? After this Webinar, the latter should not cause quite as much trepidation. While navigating the complex statutory provisions under the EJL (Enforcement of Judgments Law) may seem painful at first, this webinar will explain in simple terms the most effective and efficient methods for enforcing a judgment against a self-employed debtor, whether they are concealing income and assets under a sole proprietorship, partnership or corporation. Additionally, the webinar will discuss timing and strategy tips for effectuating levies on each particular business organization. Although titled as collecting Support and Attorney Fees, the law discussed in this Webinar is equally applicable to enforcement of any money judgment against a debtor hiding behind a business structure. with speaker Raymond R. Goldstein.
Topics to be discussed include direct levies against certain business accounts, charging orders, alter ego's & stock turnover orders. Join us!
Collecting Support and Attorney Fees from the Self-Employed or go to www.calbar.org/online-cle and select Tele-Seminars and Webinars.
Webinar: What's New in 2012? Changes to the Family and Juvenile Statewide Rules of Court
Wednesday, February 29, 2012, 12 p.m. - 1 p.m. Pacific Time.
1.0 Total Participatory MCLE Credits, 1.0 of which may be applied toward Legal Specialization in Family Law (No Ethics)
Learn about the many Rules of Court changes made for 2012 for both Family Law and Juvenile Law, as well as the numerous new and revised Judicial Council forms for 2012, in this fast paced program. With speakers Andrew Cain and Michele Brown.
To register, see What's New in 2012? Changes to the Family and Juvenile Statewide Rules of Court or go to www.calbar.org/online-cle and select Tele-Seminars and Webinars.
Hollywood Has Their Awards….So Does Flexcom. Nominate Someone Today for One of the Section’s 2012 Awards
Many readers are likely familiar with the annual award handed out by the Family Law Section to honor an outstanding judicial officer (FLJOY) . In addition to the FLJOY award, the Section has three other categories in which honorees will be considered. We encourage readers to review the description of each award below and nominate a deserving individual.
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.
Nominations are due by March 1. FLEXCOM members will vote on the nominations at their April meeting. Please submit your nomination to Ed Thomas, Awards Working Group Chair, at edthomas@edthomas.com. Nominations must be submitted on the form located HERE.
Speaking of Awards: Cathy Mills Recognized With the 2011 Court Staff Award
Last month, FLEXCOM had the pleasure of presenting the inaugural Court Staff Award to Cathy Mills, the Court Services Manager for Alameda County. Cathy received recognition for her service to the family courts in a ceremony attended by the Honorable Jon Rolefson, Presiding Judge of the Alameda Superior Court and the Honorable Stephen Pulido, Presiding Judge of the Family Division. The award was presented to Cathy by 2010-11 FLEXCOM Chair Sherry Peterson and current Vice-Chair Mark Ressa. The following is the text of remarks made on Cathy’s behalf during the presentation:
For a variety of reasons, everyone in this room's job is harder than it ever has been before. Our court system has been given a tremendous task with virtually nominal resources. This is especially true for family law. Despite this, we do it. Sometimes we even do it well. One thing is for certain, ...we do not do it alone. Some of us are on the front lines, others behind the scenes. Together, we are finding a way to make it work.
The Family Law Executive Committee for the State Bar of California recognizes this, and wants to take a moment to recognize one of our best in the state. Cathy Mills. Cathy Mills exemplifies the term, court staff person of the year. As Court Services Manager for Alameda County she works tirelessly behind the scenes to assure the process, the forms, the procedures, and front line staff have the resources and knowledge to provide service to every individual who walks through our doors. Although Cathy’s job is to manage, in truth Cathy is more of a mentor, coach, and chief cheerleader to everyone she comes in contact with. People work with her, not for her.
While this is a family law award, Cathy is equally familiar with both civil and criminal processes and procedure which only enhances her already astute abilities to problem solve and think beyond the box. However that is only part of the reason FLEXCOM has selected Cathy as Court Staff person of the year. Cathy clearly is committed to doing the right thing and getting things done. Cathy works tirelessly, often on her own time before and after hours to make sure everyone has what they need, and that where ever possible, the necessary items are in place to insure all of us can do our jobs. Together...as a team.
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.
Click here to view the 2008 offerings and here to view the 2011 version. And while you are considering these offerings, please remember to view all web seminars available for the Family Law Section. You can see all our offerings here.
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.)
Preview of the Next Edition of the Family Law News
The latest edition of the Family Law News will hit the streets shortly. Here’s a brief overview of what to expect in the next issue: • Barbara Hammers tells us about Judge Mark Juhas, the recipient of the 2011 Family Law Judicial Officer of the Year Award
• Ray Goldstein authors the second in his series of articles on enforcement of writs
• Howard Klein, Robert Brandt and Geoffrey Murry discuss the differing ways family and probate law treat claims of undue influence
• Mark Ressa pens the first article in his upcoming series on social media for lawyers
• Continuing the trend of articles related to minor’s counsel work, Michael Kretzmer gives an overview of what it’s like to represent children
• Naghmeh Bashar introduces readers to charging liens
• Diana Mercer highlights the top 10 ways parties waste money in divorce proceedings
• What is the interplay between mandatory debt payments and support calculations? Sharon Bryan gives us an introduction.
As always, the Family Law News will consider submissions on a wide variety of topics from any member of the Section. In addition, we review articles that come from professionals working in non-legal disciplines, such as accounting, property valuation and mental health that impact the family law profession. If you have an article for consideration please contact Andrew Cain, Executive Editor of the Family Law News at andrewc@lawfoundation.org
Member Benefits for the State Bar Family Law Section
In 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. If you have any questions concerning the Family Law Section or the benefits available to you with your membership, please feel free to contact the Chair of our Member Services Subcommittee, John Lazor (310-447-8675) or FLEXCOM Chair, Chris Melcher (818-591-3700).
Other News
New Member Benefit: The Family Law Toolkit
Introducing 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
Continuing 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"
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 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
View 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.
Versa-Tape Company has a large library of CDs and DVDs of educational programs sponsored by the State Bar of California and all of the State Bar Sections. To see Family Law Section sponsored programs available through Versatape, visit www.versatape.com, select MCLE Self-Study Tapes and search by your area of interest. For more information, call 626-791-8907 or 800-468-2737.
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