Good afternoon Family Law Section members,
On
Thursday, Aug. 13, NJICLE will present
Webcast - Summer CLEfest - Family Law Track from
9 a.m. to 4 p.m.NJICLE's 2020 Summer CLEfest - your best opportunity to earn CLE and hear from some of the top judges, attorneys and other professionals in the State.
FAMILY LAW PRACTICEAM Session (9 a.m. to 12:15 p.m.)Calculating the Marital Lifestyle: The Domino EffectFeaturing:
Frank Louis, Esq.; Brian Paul, Esq.; Jeralyn L. Lawrence, Esq.; Hon. Robert Fall, JAD (Ret. on Recall); Hon. Marie Lihotz, PJAD (Ret.) Ever since the
Crews decision, lawyers and judges have debated how to determine marital lifestyle. A recent published appellate court decision
S.W. v G.M., written by Judge Hany Mawla provides some needed guidance. He wrote:
The importance of finding the marital lifestyle cannot be overstated. It is at once the fixed foundation upon which alimony is first calculated and the fulcrum by which it may be adjusted when there are changed circumstances in the years following the initial award.Judge Mawla went onto say that you must both quantify and explain the lifestyle characteristics before you can determine an alimony amount.
To the extent
Crews and
Hughes implicated required that martial lifestyle be determined numerically, we now explicitly state a finding of marital lifestyle must be made by explaining the characteristics of the lifestyle and quantifying it.
The lifestyle number is crucial because, ultimately, it will have a domino effect on how a court determines the other financial aspects of the divorce. So, what should go into the lifestyle calculation? Our program examines all that lawyers and judges should consider when calculating this fulcrum number and what lawyers need to do to convince a judge that their number is the right one.
Topics for discussion include: • Does net income equal lifestyle?
• Establishing how a couple actually lived
• What should be considered and what should be left out of the lifestyle calculation?
• Can you add in expenses for the children or household expenses into the lifestyle calculation?
• What expenses should be attributed to the supported spouse?
• What if one party is a spender and one is a saver?
• How the lifestyle number impacts alimony, insurance and equitable distribution
• Lifestyle and changed circumstances
• Using forensic accountants to determine lifestyle
PM Session (12:45 p.m. to 4 p.m.)Calculating and Adjudicating Child Support: What Every NJ Lawyer Needs to KnowFeaturing:
Richard A. Russell Esq. (Moderator)Lawrence R. Jones; Abertina Webb, Esq.; Michael A. Weinberg, Esq.In New Jersey, we determine child support by established guidelines. The guidelines do not apply to the very poor or the very wealthy and receiving parents are often underwhelmed at the amount provided for in the guidelines. Many will seek to deviate from them because they believe the amounts provided are nowhere near what it costs to raise a child in New Jersey. This seminar explores how child support is calculated and how petitions for deviations and modifications should be supported and litigated.
Hear an experienced panel examine common issues and problems family lawyers are likely to encounter in support matters including:
• Treatment of Alimony, inheritance, investments, pension and other sources of income in relation to child support
• How support is calculated when parents have a true 50/50 custody arrangement
• Reasons for deviation and Paragraph 21
• How to deal with the "kid's car"
• Showing a non-temporary substantial change
• Determining emancipation
• Issues regarding college and post-high school child support
• Special Needs children-including gifted and children with disabilities
• Issues when one or both parents receive social security or disability income
• What are extraordinary expenses
• Modifications of existing orders
• Issues for parents whose net incomes exceed $187,200
• What should go into petitions for deviation and modifications-litigation tips
• Relevant case law
• Tips for collecting support
CLE Credits (for the full day):NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 7.2 hours of total CLE credit. Of these, 7.2.qualify as hours of credit toward certification in matrimonial law.
NJ CLE: This program has been approved for 7.2 credits (50 minute hour)
Matrimonial Law Certification: 7.2 general credits pending
PA CLE: 6.0 substantive credits pending ($24 fee – separate check payable to NJICLE must be submitted at the end of the program)
NY CLE (nt): 7.0 professional practice credits
Tuition:General Tuition (Full-day): $179
NJSBA Member Rate (Full-day): $149One program only: $99
Register for the full-day and save.
Click here to register for Webcast - Summer CLEfest - Family Law Track.
For questions or to register by phone, please contact an association representative at 732-214-8500.
All the best,
Barb
------------------------------
Barbara Straczynski
Director of New Media and Promotions
New Jersey State Bar Association
New Brunswick NJ
(732) 937-7524
[email protected]------------------------------