Top Challenges in Ohio Family Law

Agenda / Content Covered

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1. Overcoming Discovery and Evidence Obstacles in Family Law
   9:00 - 9:30, Joseph F. Albrechta
   1. Smart Phone, Text and Social Media Evidence - Uncovering Critical Information
   2. Balancing the Need for Information and the Cost
   3. Spoliation Pitfalls
   4. Subpoenas for Cell Phone Records and Social Media - Confronting Common Defenses
   5. Authentication and Admission Evidence Challenges
2. Complex Assets: Finding, Valuing and Dividing
   9:30 - 10:30, Joyce E. Barrett
   1. Commingled Separate and Marital Assets
   2. Real Property Interests
   3. Valuing and Dividing Family Business Assets
   4. Finding Hidden Assets, Income and Debt
   5. Using Forensic Accountants and Business Valuation Experts
   6. Prenuptial Agreements: Proving/Disproving Validity
3. QDROs: Solutions to Common Challenges
   10:45 - 11:15, Nora Kelley
   1. Different Plans, Different Methods of Division, Different Difficulties
      1. Defined Benefit Plans
      2. Defined Contribution Plans
      3. Government Plans
   2. Settlement Agreement Challenges
      1. Do They Align with QDROs?
      2. Are Tax Consequences Factored in?
   3. Complications that Cause Malpractice Allegations
4. Child and Spousal Support: Top Issues that MUST be Addressed
   11:15 - 12:00, James P. Reddy Jr.
   1. UIFSA and Jurisdictional Issues
   2. New Tax Laws Affecting Support
   3. Imputed Income
   4. Analysis of the Current Child Support Model
   5. Arguing Spousal Support
   6. Enforcement Options
   7. Modification and Termination Procedures and Tactics
   8. Case Law Update
5. Military Divorce
   1:00 - 1:45, Eugene R. Butler
   1. Uniformed Services Former Spouse Protection Act Updates
   2. Current Case Law
   3. Jurisdictional Considerations
   4. Custody and Visitation Issues
   5. Child and Spousal Support
   6. Military Pension, Retirement and Benefits
   7. Survivor Benefit Plan for Retired Military Personnel
   8. Military Reservists' Retirement Benefits
   9. Survivorship and Military Disability Benefits
   10. Federal Health Benefit Concerns
   11. Contempt
6. High-Conflict Custody and Parenting Time Concerns
   1:45 - 2:30, Alfred W.M. Schneble III
   1. Negotiating/Drafting Pitfalls: Avoiding Provisions that Lead to Disputes
   2. Custody Evaluations Reports - How, What and When to Challenge
   3. UCCJEA and Relocation - Key Challenges
   4. Temporary Orders for Custody - Getting What You Want
   5. Custody Concerns in Same-Sex Couples
   6. When to Modify or Terminate the Parenting Plan
7. Parental Alienation and Abuse Allegations: Key Hurdles for Proving/Disproving
   2:45 - 3:30, Joseph A. Nigh
   1. Proving Alienation: Mental Health vs. Court Views
   2. Witness Examination: GALs, Parenting Coordinators and More
   3. Key Challenges in Admissibility of Evidence and Testimony
   4. Fighting Against False Allegations
8. Ethics in Family Law
   3:30 - 4:30, Alfred W.M. Schneble III
   1. Managing Client Expectations
   2. Limited Scope Representation
   3. Dealing with Difficult Clients
   4. Researching and Preventing Conflicts of Interest
   5. Communication with Adverse Party

JOSEPH F. ALBRECHTA is an attorney and co-founder of Albrechta & Coble, Ltd., with 35 years of experience. Among his areas of practice are civil litigation, probate and trust administration and litigation, and estate planning and wealth retention. Mr. Albrechta serves as trust council, trustee, and trust adviser for clients throughout northwest Ohio. He received his undergraduate Bachelor of Philosophy degree from Ohio's Miami University where he focused on environmental work and received his J.D. degree from the University of Toledo College of Law. Mr. Albrecht's professional memberships include the Ohio State Bar Association and the Ohio Association of Justice.

JOYCE E. BARRETT is an attorney in Cleveland, Ohio where she practices in family law. Ms. Barrett is a certified arbitrator by the American Academy of Matrimonial Lawyers, a certified specialist in family law from the Supreme Court of Ohio, and a certified family law mediator. She is also an adjunct professor of law with Cleveland State University, Cleveland - Marshal College of Law. Ms. Barrett is a member of the Ohio State, Cuyahoga County, Cleveland, Summit County, and Parma bar associations, as well as the Cleveland Women Lawyers Association, the Ohio Academy of Trial Lawyers, the Ohio Common Pleas Judge Association, the Ohio Supreme Court Advisory Committee on Child Support Enforcement, and the Ohio Family Law Institute, Inc. Ms. Barrett earned her B.A. degree from Cleveland State University and her J.D. degree from Cleveland - Marshal College of Law.

EUGENE R. BUTLER is a sole practitioner in the Columbus law firm of Eugene R. Butler Co., LPA, where he has a litigation practice including extensive trial and appellate experience in both federal and state courts. He has also represented a diverse cross section of clients in simple and complex family law situations, including divorce, custody and support proceedings. Mr. Butler is a member of the Ohio State and American bar associations. He earned his B.A. degree from The Ohio State University and his J.D. degree, magna cum laude, from Capital University Law School.

NORA KELLEY is an ERISA attorney and corporate counsel for QDRO Consultants Co., LLC. She is co-author of the Wolters Kluwer publication: Value of Pensions in Divorce, Fifth Edition. QDRO Consultants Co., LLC provides QDRO drafting services for thousands of family law attorneys and administration services for some 1,700 corporate clients. Earlier in her career Ms. Kelley served as a trustee on two large Taft-Hartley benefit funds which sparked a special interest in ERISA fiduciary responsibilities for plan trustees and employee benefits administration. She s a member of the Illinois State and American bar associations. Ms. Kelley earned her J.D. degree, cum laude, from Seattle University School of Law and her bachelor’s degree from Xavier University.

JOSEPH A. NIGH is the founding partner of The Nigh Law Group LLC. He practices in the areas of divorce/dissolution; family law, custody, child support, juvenile delinquency; criminal defense; civil litigation; children services matters; and personal injury law, motor vehicle accidents and wrongful death. Mr. Nigh is a member of the American Bar Association, Ohio State Bar Association, Columbus Bar Association, the Association of Criminal Defense Lawyers and the Central Ohio Association of Juvenile Lawyers. He received his A.A. degree from The Ohio State University, Marion, Ohio; his B.A. degree, magna cum laude, from The Ohio State University, Columbus, Ohio; and his J.D. degree from The Ohio State University, Michael E. Moritz College of Law, Columbus, Ohio.

JAMES P. REDDY JR. is a partner with the Law Offices of Joyce E. Barrett where he practices in the areas of family law and appellate. He earned his B.B.A. degree at St. Bonaventure University, majoring in Accounting and minoring in Philosophy, and his J.D. degree from Cleveland State University, Cleveland-Marshall College of Law. Mr. Reddy is admitted to practice in Ohio.

ALFRED W.M. SCHNEBLE III is an attorney with The Green Law Firm, LPA, and also has an office located in Dayton, Ohio. His practice areas include personal injury, medical and legal malpractice, wrongful death, and civil rights. Mr. Schneble has served as an expert witness in federal and state cases on the reasonableness of attorney’s fees and well as ethics/professional negligence. He is a member of the Dayton, Cincinnati, and Ohio State bar associations; and The Florida Bar. Mr. Schneble serves as an adjunct professor of law for the University of Cincinnati College of Law. He is licensed to practice in all courts in the states of Ohio and Florida, as well as before the local U.S. District and Bankruptcy courts, U.S. Court of Appeals for the Sixth Circuit, and the U.S. Tax Court in Washington, D.C. Mr. Schneble earned his B.S. degree from Marquette University and J.D. degree from Ohio Northern University.