NJSBA Family Law Section

Hello Family Law Section members,

On Friday, Aug. 9, NICLE will present the 2019 Summer CLEfest - Family Law Track from 8:45 a.m. to 5 p.m. at the Water Club at Borgata in Atlantic City.

NJICLE's 2019 Summer CLEfest - your best opportunity to earn CLE and network with some of the top judges, attorneys and other professionals in the state.

Family Law Track
AM Session (8:45 a.m. to 12:30 p.m.)
A 20/20 Look at 50/50 Physical Custody

Featuring: Ronald G. Lieberman, Esq. (moderator)
Jeffrey Fiorello, Esq.; Hon. Lawrence R. Jones, JSC (Ret.); Stephanie Frangos Hagan, Esq.;
Eileen Kohutis, Ph.D.; Albertina Webb, Esq.

Years ago, courts routinely awarded mothers sole physical custody of their children in divorce proceedings. Legal and mental health experts saw 50/50 physical custody as a way to keep both parents involved in their children's lives and avoid litigation. However, we are now left to question whether 50/50 physical custody is the panacea we thought it would be, or does it actually cause more problems than it solves? And with more states considering laws to promote equal physical custody, what does hindsight teach us about the future?

In New Jersey, as in most states, it's rare for one parent to be granted sole physical custody of children after a divorce. For over 40 years, our laws have favored joint physical custody arrangements, most often with both parents having equal legal status, but with a parent of primary residence for the child, and generous, (although not necessarily equal) parenting time for the parent of alternate residence. Although this arrangement is typical, it is not without its problems. When parents share joint legal physical custody, disagreements about major life issues such as schooling, medical issues, and religious upbringing can result in the very thing 50/50 physical custody sought to avoid - litigation that is often contentious. When this happens, courts always look to the best interest of the child standard in deciding what is best for the children.

Now, some states and courts are examining the concept of equal physical custody. In an ideal world, the true 50/50 physical custody sounds wonderful and genuinely beneficial to both parents and children, but in practice, the arrangement can be logistically and emotionally challenging for both the parents and children, as well as legally problematic. A presumption of equal shared custody would force courts to balance the best interest of the child against those of the parents, which is contrary to both our statutory and case law.

This compelling new program will take a 20/20 look at 50/50 arrangements and will examine their pros and cons. Our panel of leading New Jersey family lawyers will share solid strategies and practical advice about how best to negotiate parenting arrangements and plans - all with an eye toward anticipating likely problems and being proactive about resolving them.

Topics for discussion include:
• Is sole custody ever in the best interest of a child?
• What a parent must show in order to obtain sole custody.
• Issues with shared legal custody and how to address routine and major life decisions in parenting plans.
• What types of physical custody arrangements are in the Best Interest of the Child?
• Issues with equal physical custody-Is it beneficial to children? Can it be detrimental?
• What the experts say?
• Public policy consideration.

PM Session (1:15 p.m. to 5 p.m.)
The Financial Aspects of Divorce in 2019 and Beyond:
Strategies for a Whole New Ballgame

Presented in cooperation with the NJSBA Family Law Section
Featuring: Michael A. Weinberg, Esq. (moderator)
Hon. Marie E. Lihotz, PJAD, (Ret.) ; Cheryl Connnors, Esq.; Robert A. Epstein, Esq.; Thomas J. Hoberman, CPA/ABV/CFF; Hon. Lawrence R. Jones, JSC (Ret.)

2014's Alimony Reform and last year's Tax Cut and Jobs Act created a double whammy for matrimonial attorneys and their clients. The term limits on alimony, coupled with the new tax treatment of alimony, property taxes, the mortgage deductions and other items, forces family attorneys to take a new look at their clients' finances, and to develop new approaches for achieving satisfactory financial settlements for them. It's a whole new ball game, and as such it requires different strategies and a nuanced understanding of how these changes interact to impact the financial outcomes in family law cases.

Hear directly from a distinguished panel of family lawyers and an accountant, about how the following areas interact in martial financial settlements:
• Cohabitation.
• Retirement.
• Buyout of permanent alimony obligation.
• Standards for modification of alimony (e.g., income thresholds).
• Impact of variable compensation upon alimony and child support obligations
(e.g., bonus/stock options/RSUs/forgivable loans).
• Tax issues (e.g., mortgage/HELOC)
• College and other Education Expenses
• Child support in high earner cases.
• Sharing of children's expenses outside of the Guidelines.
• Child support obligations in a 50/50 true shared parenting arrangement.
• Essential provisions to include in written Agreements given new tax laws.

Credits (for the full day)
NJ CLE: This program has been approved for 8.6 credits (50 minute hour)
PA CLE: 7.0 substantive credits pending ($28 fee – separate check payable to NJICLE must be submitted at the end of the program)
Matrimonial Law Certification: 8.6 general credits pending
NY CLE (Non-transitional): 8.0 professional practice credits

The full-day tuition is $260.
The half-day tuition is $170.
Tuition onsite AM or PM is $190.

Click here to register for the Summer CLEfest - Family Law Track.
Click here for a form to register.
To register by phone, please contact an association representative at 732-214-8500.

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Barbara Straczynski
Director of New Media and Promotions
New Jersey State Bar Association
New Brunswick NJ
(732) 937-7524
[email protected]
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