Category Archives: Family Law

How Using Latest Technology Can Lower Stress During Your Child Custody Lawsuit, by J. Benjamin Stevens, South Carolina Family Law Blog (with hat tip to Jim Calloway’s Law Practice Tips)

21 Monday Mar 2022

Posted by in Apps, Divorce, Family Law

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https://www.offitkurman.com/blog/2022/03/10/how-using-latest-technology-can-lower-stress-during-your-child-custody-lawsuit/

Family law takes a special breed. How often have you received a call from your client complaining that the soon-to-be-ex-spouse forgot the child’s teacher/parent conference, was late to pick up the child for a doctor appointment, or disagrees how to parent in a given situation? It happens all too often, and punches a divorce client’s button every time.

What if your client had a way to permanently, securely document and communicate with the other party about appointments, vacations, homework assignments, and all the other hot-button issues that pop up?

Mr. Stevens has the best solution I have seen. Online portals, such as Our Family Wizard, provides a color-coded calendar and message board for the parents. The calendar helps to avoid miscommunication about things such as appointments, visitation schedules, and school events. Messages posted on the message board cannot be deleted, redacted, or edited in any way, providing a communication log that can be used in court.

Mr. Stevens’ has generously shared additional online portals and apps for family scheduling, school, and medical communication that make it easier for each parent to stay informed. It helps to cut down on your client’s stress, the parties’ disagreements, and the frequent calls to your office. This technology is easy to use and good for your practice and your client. -CCE

South Carolina Legal Blogs – The Cream of the Crop.

13 Wednesday Dec 2017

Posted by in Appellate Law, Criminal Law, Elder Law, Family Law, Litigation, Personal Injury, Probate and Trusts, Research, South Carolina Supreme Court, State Law, Tax Law

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Most Popular South Carolina Blawgs, Blawg Search, Justia

https://blawgsearch.justia.com/blogs/countries/united-states/south-carolina

For my paralegal friends in South Carolina, here’s the top legal blogs in South Carolina sorted by popularity. There’s a little bit of everything here, and several caught my eye. It will take a while to digest it all. I recommend bookmarking this site, and visiting it often. -CCE

Ex-Wife Cross-Examines Former Husband – No Squabbling!

20 Saturday Jun 2015

Posted by in Cross-Examination, Divorce, Family Law, Trial Tips and Techniques

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Biglaw Divorce Gets Nasty As Ex-Wife Cross-Examines Former Husband, by Joe Patrice, Above The Law

http://abovethelaw.com/2015/06/biglaw-divorce-gets-nasty-as-ex-wife-cross-examines-former-husband/

It’s hard to imagine a scenario where this was a good idea.

Hydee Feldstein, a retired Sullivan & Cromwell partner, decided to cross-examine her ex-husband Peter Gregora, a former tax litigator at Irell & Manilla, in their contentious divorce case — a case where Feldstein alleges Gregory stole nearly $20 million from her. They say a lawyer representing herself has a fool for a client. Well, Feldstein has outside counsel — indeed counsel from two firms, Miller & Ayala LLP and the Rudd Law Firm — yet it was Feldstein who cross-examined her ex in open court. After reading the resulting train wreck, perhaps there are fools on all sides of Feldstein’s defense. . . .

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Limited License Legal Technicians – Can They Really Practice Law?

23 Saturday May 2015

Posted by in Family Law, Limited License Legal Technician Program, Paralegals/Legal Assistants, Regulation, Unauthorized Practice of Law, Washington Supreme Court

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Future or Folly: Limited License Legal Technicians, by 2Civility, Illinois Supreme Court Commission on Professionalism (with hat tip to William P. Statsky)

http://tinyurl.com/lk9jap6

It’s graduation time. This year, there is a brand new class of graduates in the State of Washington: Limited License Legal Technicians (LLLTs). These graduates are from a unique legal educational program—not a traditional law school. Yet they will eventually have a law license to perform limited legal services in family law. . . .

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When A Divorcing Spouse Hides Assets, How Do You Find The Red Flags?

12 Tuesday May 2015

Posted by in Family Law, Hidden Assets, Marital Asset

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Divorce & Hidden Money: Searching For Assets By Recognizing Red Flags, by Fred Abrams, Asset Search Blog

http://www.assetsearchblog.com/2015/04/20/divorce-hidden-money-searching-for-assets-by-recognizing-red-flags/

If a divorcing spouse hides marital assets there usually are red flags. Red flags are also often found when assets have been hidden by tax fraudsters, Ponzi schemers, bankruptcy debtors, money launderers & narco-traffickers. This 16th post in the ‘Divorce & Hidden Money ‘ series examines the red flags.

Red flags indicating assets might have been hidden are listed at my post ‘Locating Hidden Assets By Spotting The Red Flags.’ The list describes 18 red flags including the use of: multiple jurisdictions, sham trusts, bulk-cash smuggling, etc. In addition to the 18 on the list, below are 6 more red flags of asset concealment. The 6 red flags or money laundering indicators were published by the Egmont Group, an international organization which fights money laundering and terrorist financing.¹   Even though some of them discuss criminals or laundering, the 6 red flags might be used to help locate assets hidden by a divorcing spouse ….

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What Can You Do When The Divorcing Spouse Hides Marital Assets In A Trust?

24 Tuesday Mar 2015

Posted by in Discovery, Family Law, Hidden Assets, Interrogatories, Requests for Production, Trusts

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Divorce & Hidden Money: Collecting Evidence About Assets Concealed By A Trust, by Fred Abrams, Asset Search Blog

http://tinyurl.com/pnb78wc

Mroy post ‘Four Asset Concealment Tools‘ says that assets can be hidden by fraudulently transferring them to a trust. This 15th post in the ’Divorce & Hidden Money’ series concentrates on the evidence a divorcing spouse might try to collect if marital assets are concealed by a trust.

A spouse can use the pretrial discovery phase of a divorce to gather evidence about any marital assets concealed by a trust. Based on this evidence, the divorcing spouse may be able to credibly argue that assets at the trust are marital property subject to distribution by the Court. A divorcing spouse might also claim the trust was void if the trust was ‘self-settled‘ (i.e. the grantor and beneficiary were found to be one and the same). Under certain circumstances a divorcing spouse can additionally assert the trust veil should be pierced because the trust wrongly concealed assets &/or facilitated fraudulent transfers. See Babitt v. Vebeliunas (In re Vebeliunas), 332 F.3d 85, 91 (2d Cir. 2003) (discussing New York cases where right to pierce trust veil was preserved). . . .

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Hiring A Private Investigator To Find Hidden Assets?

04 Thursday Dec 2014

Posted by in Divorce, Family Law, Finance and Banking Law, Hidden Assets

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Private Investigators: 5 Things To Be Aware Of When Hiring A PI For A Bank Account Search, by Fred L. Abrams, Asset Search Blog

http://tinyurl.com/k6l5nah

This is the first post in my new series about what private investigators can & cannot do legally when searching for hidden assets. Divorcing spouses, creditors bringing forced collection proceedings, etc., may search for assets by hiring private investigators and/or information brokers who try to detect secret bank accounts. The post asks: what standards should be followed when investigating bank accounts at U.S. financial institutions? At the conclusion it discusses some best practices. . . .

Identifying, Then Immobilizing, Stolen Assets.

31 Friday Oct 2014

Posted by in Bankruptcy Law, Child Support, Criminal Law, Divorce, Family Law, Finance and Banking Law, Hidden Assets, Marital Asset

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Recovering Assets By Identifying & Immobilizing Them, by Fred Abrams, Asset Search Blog

http://tinyurl.com/pmmjgke

Identifying and immobilizing assets in a timely fashion can be paramount to asset recovery cases ranging from an ultra-high net worth divorce to a forced collection proceeding against a debtor.

The abstract about ‘Suspending Suspicious Transactions’¹ similarly mentions the ‘timely identification and immobilization’ of  assets.  The abstract discusses this with regard to money laundering and terrorist financing:

‘Seizure and confiscation of proceeds of crime, and funds intended to finance terrorism, are key objectives of the global initiative to combat money laundering and terrorism financing. The timely identification and immobilization of such funds are critical to permit the action necessary to prevent the flight of illicit assets beyond the reach of national law enforcement and prosecutorial authorities.’

Suspending Suspicious Transactions was published during July 2013 by the World Bank.  It examines the role Financial Intelligence Units, (‘FIUs’), can have in freezing assets and/or postponing financial transactions at banks.

Suspending Suspicious Transactions also supplies fact patterns showing how FIUs work under anti-money laundering/countering financing of  terrorism, (‘AML/CFT”), laws. . . .

Alimony Reform in New Jersey.

21 Sunday Sep 2014

Posted by in Family Law

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New Jersey Alimony Reform Is Here – What Does It All Mean? by Robert A. Epstein, NJ Family Legal Blog

http://tinyurl.com/mnofc5l

Change is finally here – On September 10, 2014, Governor Chris Christie signed into law substantial and significant amendments to New Jersey’s alimony law.  The law took immediate effect on that date.  I previously blogged about the now effective changes after the legislature passed the bill during the Summer, and we have prepared an Alert on the final bill that you can read here. . . .

Jim Calloway’s Recent Technology News and Developments.

30 Saturday Aug 2014

Posted by in Android Phones, Apps, Cell Phones, Family Law, iPad, iPhones, Legal Ethics, Legal Technology, Social Media, Tablets

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Recent Technology News and Developments for 2014, by Jim Calloway, Jim Calloway’s Law Practice Tips Blog (Originally published in the Oklahoma Bar Journal , August 9, 2014 — Vol. 85, No. 20.)

http://bit.ly/1peMMYY

I can always depend on Jim to recommend the best practices to keep a law office moving smoothly, as well as a preview of new technology. Although Jim’s home base is the Oklahoma Bar Association, he is in national demand. If you like what you see, I recommend checking out his articles at the ABA web site. Better yet, especially for Oklahoma solo and small firms, the Oklahoma Bar Association’s Solo and Small Firm Annual Conference is a fabulous event due to Jim’s leadership and connections. You will meet technology experts from all over the country.

Jim has moved his blog to a new address: www.lawpracticetipsblog.com. The old one still works, but I do not know how long it will work. -CCE

There’s been quite a lot of technology-related news over the last several months. Some of it is directly related to the legal profession. Much of it is at least indirectly related to the legal profession. There have also been some interesting court rulings related to technology. Rather than featuring just a few items, I decided to do a roundup of many of these items with a few comments. . . .

If You Can Stop Your Divorce Client From Doing This, You Get A Prize.

18 Monday Aug 2014

Posted by in Child Abuse, Divorce, Family Law, Parental Rights

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Top Ten Ways To Destroy A Child In A Divorce Or Custody Case, by Judge Larry Primeaux, The Better Chancery Practice Blog

http://chancery12.wordpress.com/2011/04/20/top-ten-ways-to-destroy-a-child-in-a-divorce-or-custody-case/

 If you have spent any time at all in family law, then you know too well how destructive divorce can be. The court may admonish the parties against involving their children. The parties’ attorneys may give them the same advice. Why is it so unusual for a parent to resist using the child to hurt the soon-to-be ex-spouse?  Judge Primeaux lists ten ways parents or others often hurt children in various ways during a divorce and urges lawyers to influence their clients to avoid this abusive and damaging behavior. -CCE

Four More Ways Soon-To-Be-Divorced Spouses May Use To Conceal Assets.

04 Friday Jul 2014

Posted by in Family Law, Marital Asset

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Divorce & Hidden Money: Four Methods Spouses Sometimes Use To Conceal Assets, by Fred Abrams, Asset Search Blog

http://tinyurl.com/lf8cndm

This is the eighth post in the ‘Divorce & Hidden Money’ series.  Like ‘Four Asset Concealment Tools’ and ‘Four Ways Assets Can Be Secretly Transferred,’ the post reveals methods a spouse may use to hide marital assets and keep more than his/her fair share of the marital estate. . . .

Reminder – Minnesota Court Rules Are A-Changing.

23 Monday Jun 2014

Posted by in Adoption Law, Appellate Judges, Appellate Law, E-Filing, Family Law, Juvenile Law, Legal Technology, Minnesota, Recent Links and Articles

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In an earlier post, (https://researchingparalegal.com/2014/06/14/recent-court-rule-changes-for-minnesota-courts/) I mentioned that changes to appellate, juvenile, and adoption court rules in Minnesota’s would go soon go into effect on July 1, 2014. They are:

(Effective July 1, 2014) Supreme Court Promulgates Amendments to the Rules of Juvenile Protection Procedure and the Rules of Adoption Procedure.

(Effective July 1, 2014)  Court of Appeals Issues Standing Order Regarding Paper Copies of Briefs

(Effective July 1, 2014) Supreme Court Issues Standing Order Regarding Paper Copies of Briefs

(Effective July 1, 2014) Supreme Court Promulgates Amendments to the Rules of Civil Appellate Procedure

The orders for the appellate courts look especially important.  You can find hyperlinks to these orders here: http://tinyurl.com/nxawksy.   -CCE

 

 

Divorce Asset Concealment Tools.

14 Saturday Jun 2014

Posted by in Divorce, Family Law, Hidden Assets

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Divorce & Hidden Money: Four Asset Concealment Tools, published by Fred Abrams, Asset Search Blog

http://tinyurl.com/lyuofz5

This is the sixth post in the ‘Divorce & Hidden Money’ series.

‘Four Ways Assets Can Be Secretly Transferred’ mentioned methods some use to move assets across international borders. My post regarding the 2011 divorce between Helga and Gaston Glock discussed additional asset concealment tools. Any one or a combination of these additional tools can be used to hide marital assets. . . .

Are Patent Rights A Marital Asset?

10 Saturday May 2014

Posted by in Divorce, Family Law, Intellectual Property, Marital Asset, Patent Law

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Patent Rights are a Marital Asset and Non-Inventing Spouse is a Co-Owner, by Dennis Crouch, Patently-O Blog

http://bit.ly/1mce19e

James Taylor v Taylor Made Plastics (Fed. Cir. 2014)

I should note here that this case is neither about the musician or the golf club company. Rather, it is about the now fractured Taylor family and their patented pipe plugs. I discussed the district court decision earlier here.

Several years ago James T. invented storm drain equipment and obtained a patent in his name only. U.S. Patent No. 5,806,566. When he and his wife Mary T. later divorced, the divorce court ordered “equitable distribution of marital property” with Mary T. receiving 60% of proceeds from the patent and James T. receiving 40%. The divorce court seemingly only dealt with equitable title in the form of rights-to-proceeds and not with legal title to the patent itself. And, in particular, the divorce court did not identify who held the exclusive rights associated with the patent. . . .

From The Michigan Bar Journal, The True Meaning of “SS” And More.

02 Sunday Mar 2014

Posted by in Affidavits, Appellate Judges, Appellate Law, Disaster Preparedness, Document Retention, Family Law, Law Office Management, Legal Writing, Notary Jurat, Paternity

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Michigan Bar Journal, 93 Mich. B. J. 2 (February 2014)

http://www.michbar.org/journal/home.cfm

In this post, I had planned to focus on only one article from the Michigan Bar Journal’s Plain Language Committee — “After Seven Centuries, the True Meaning of SS,” by Thomas Selden Edgerton. But, after seeing the quality of the other articles, I could not choose just one. So, here you will also find:

The 2012 Revocation of Paternity Act, by Audra McClure;

A Sound Record Retention Policy: A Matter of Self-Preservation, by Michael J. Sullivan and JoAnn L. Hathaway;

A Spiritual Focus Can Strengthen Wellness, by Molly Dean; and

Book Review: Appellate Practice Compendium, reviewed by Phillip J. DeRosier.

-CCE

Expert Witness Lesson – Don’t Do This.

24 Monday Feb 2014

Posted by in Child Abuse, Expert Witnesses, Family Law, Judges

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What Expert Witnesses Should Not Do (Dylan, Woody & the Judge), posted by Rita Handrich, The Jury Room Blog

http://keenetrial.com/blog/2014/02/24/what-expert-witnesses-should-not-do-dylan-woody-the-judge/

The sad and painful tale of Dylan Farrow has emerged again following her letter to the NYT after Woody Allen received the Golden Globes Lifetime Achievement Award. Woody Allen responded to Ms. Farrow’s open letter and she responded to his response. The internet has been on fire with reactions, pro-Farrow, pro-Allen, and everything in between. You can find them with a simple internet search and we won’t link to them here.

This post isn’t really about the letter, the responses, or the internet reaction to them. Instead, it’s about the original judge in the dispute and a cautionary tale for the attorneys who hire expert witnesses everywhere. I first saw the judge’s written opinion when it was sent around on a mailing list. It reads like a ‘don’t do this’ text for the would-be forensic expert witness. There are so many legitimate reasons this case would not have succeeded at trial–regardless of Mr. Allen’s actual culpability. . . .

Compilation of Resources on Adoption Law.

21 Friday Feb 2014

Posted by in Adoption Law, Family Law, Indian Child Welfare Act, Legal Directory, Parental Rights, References

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Adoption Law, HG.org

http://www.hg.org/adoption.html

A compilation of information about adoption, starting with a brief explanation of this area of law, termination of parental rights, open vs. closed adoptions, adoption by a step-parent, and working with an adoption law. This is interesting but the meat comes next, in my opinion, in the sections on knowing your rights, articles on adoption law, and so on. You might also take note at the top of the web page of a hyperlink to “Family Law,” which provides a good overview of that area of law as well.

HG.org (formerly Hieros Gamos.org) is a free legal directory with an abundance of information about American law. It provides a search engine to look for attorneys, topics of law, and more. If you have not already spent time looking at each section of this legal directory, I encourage you to do so.

HG.org is not the only legal directory, but I think it is one of the best. I have already provided a list of similar resources on the Internet at https://researchingparalegal.com/2013/10/23/some-of-the-best-free-legal-research-guides-on-the-internet-no-wikipedia-does-not-count/. If you have not already had an opportunity to visit that link, I think you will find the resources there worth bookmarking. -CCE

Divorcing Husband’s Hidden Assets and Tax Fraud.

16 Sunday Feb 2014

Posted by in Child Support, Divorce, Family Law, Hidden Assets

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Divorce & Hidden Money: Whistleblowing, Tax Fraud & Tipping The IRS, by Fred Abrams, Asset Search Blog

http://tinyurl.com/l22u73b

The post ‘An Asset Search, Tax Fraud & Divorce’ was first published at the Asset Search Blog on January 16, 2008.  It is republished below as the seventh post in the ‘Divorce & Hidden Money’ series.  The post describes my investigation of a divorcing husband.

Recent Kansas Case Ignores Sperm Donor Parties’ Written Agreement.

01 Saturday Feb 2014

Posted by in Child Support, Contract Law, Family Law, Litigation

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Sperm Donor Ordered to Pay Child Support Despite Agreement, by Nancy Kim, ContractsProfBlog

http://tinyurl.com/lsm5zth

A man responded to a Craigslist ad for a sperm donor posted by two women. Each of them signed an agreement that the man waived his parental rights and responsibilities. A child was born as the result.

Regardless of the parties’ written agreement, the Kansas Department of Children and Families, not the two women, sued to have the man declared as the legal father of the child. As the legal father, the Kansas Department of Children and Families asked the Court to award it $6,000 award against the man for past and future child support.

Because a Kansas statute requires a physician to perform the artificial insemination procedure, a Kansas District Court ruled that a sperm donor’s self-designation in the parties’ agreement was insufficient to waive parental rights and responsibilities. Therefore, the Judge decided that the Kansas Department of Children and Families was right – the man was indeed the legal father and owed the demanded child support. -CCE

Divorce and Hidden Assets

17 Thursday Oct 2013

Posted by in Divorce, Family Law, Finding Assets, Fraud, White Collar Crime

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Divorce & Hidden Assets: Alaskan Plastic Surgeon Accused Of Concealing Millions In Central America, by Fred Abrams, Asset Search Blog
(The first post in the Abram’s “Divorce & Hidden Assets” Series)
http://bit.ly/1gLpR72