Top Challenges in Arizona Family Law

Agenda / Content Covered

All times are shown in Mountain Standard Time/Pacific Daylight Time

1. Overcoming Discovery and Evidence Obstacles in Family Law
   9:00 - 9:45, Lonnie Dworkin and DeeAn Gillespie Strub
   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
   9:45 - 10:30, David N. Horowitz
   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 - 11:30, Teresa S. Thayer
   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
   11:30 - 12:15, David N. Horowitz
   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
   1:15 - 1:50, DeeAn Gillespie Strub
   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
   1:50 - 2:35, Leonce A. Richard 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
   2:50 - 3:30, DeeAn Gillespie Strub and Dr. Robert A. Simon
   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, Stephen Vincent
   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

Accreditation Details:

LONNIE DWORKIN, ACE, CCE, NSA-IAM, PMP, is the computer forensics manager at CompuFor LLC. Mr. Dworkin provides computer forensic and eDiscovery services to the civil, family and criminal legal communities, nationwide. CompuFor was established in 2004 and presently has offices and a laboratory located in Scottsdale, Arizona. Mr. Dworkin provides objective analysis that benefits his clients by communicating factual discovery in an easy to understand and objective manner.

DEEAN GILLESPIE STRUB founded her own law firm early in her career and has practiced law since 1985. She is an attorney as well as the owner and founder of the Phoenix law office of Gillespie, Shields, Goldfarb & Taylor. Ms. Gillespie has a veritable passion for teaching and throughout her career, has taught numerous CLE courses in family law to fellow members of the bar. In turn, she has mentored many young attorneys in family law over the years and has served as an adjunct professor at Phoenix School of Law. Ms. Gillespie has successfully represented clients in cases involving CPS and dependency matters, in loco parentis matters, custody disputes and complex family law litigation. She is a certified specialist in family law and trained in collaborative law where she attended international training in collaborative law in Munich, Germany in 2010. While the bedrock of the firm remains family law, her co-attorneys also practice in the areas of estate planning, probate, civil litigation and employment law, as well as specializing in family law, adoption, dependency matters, severance of parental rights, in loco parentis, collaborative law and complex family law litigation. Ms. Gillespie received her B.A. degree from Brigham Young University and her J.D. degree from Brigham Young University, J. Reuben Clark Law School, Provo.

DAVID N. HOROWITZ is a certified family law specialist and shareholder with Warner Angle Hallam Jackson & Formanek. He was admitted to practice law in Arizona in 1990. Mr. Horowitz received his J.D. degree, summa cum laude, from the University of Arizona College of Law. He has focused his practice in all areas of family law for more than 20 years with extensive experience in divorce, legal separation, annulment, child custody, visitation, child support, spousal maintenance, pre-nuptial agreements, parent coordination, domestic partnerships, grandparents rights, guardianship, step-parent adoption, and relocation. Mr. Horowitz, a fellow with the American Academy of Matrimonial Lawyers, is highly experienced in alternative dispute resolution including mediation and collaborative divorce. He currently serves as a judge pro tempore and as a parenting coordinator for the Maricopa County Superior Court. He is also a member of the State Bar of Arizona Family Law Advisory Commission and is its current chair, the State Bar of Arizona Continuing Legal Education Committee, the State Bar of Arizona Family Law Council, Arizona Association of Family and Conciliation Courts, and The International Academy of Collaborative Professionals. Mr. Horowitz earned his undergraduate degree in business economics from the University of Arizona and has been teaching economics and legal studies at Phoenix College since 1990. He has also taught family law/general practice skills at Arizona Summit Law School.

LEONCE A. RICHARD III is a partner at Dickinson Wright PLLC. Mr. Richard has been a certified specialist in family law since 2002 and has served as a pro tem judge and mediator in family law for the Maricopa County Superior Court. His practice focuses almost exclusively on handling complex family law/domestic relations matters of all types, including divorce, legal separation, annulments, paternity, child custody and visitation; various post-divorce matters such as modification and enforcement of child custody/visitation, modification and enforcement of child support and spousal maintenance; enforcement of judgments and decrees; and relocation of children. Mr. Richard is a fellow of the American Academy of Matrimonial Lawyers. He earned his B.A. degree, high distinction, from the University of Arizona and his J.D. degree, with distinction, from the University of Arizona College of Law.

DR. ROBERT A. SIMON is a Licensed Psychologist who is an Internationally Recognized Leader in Forensic Psychologist Consulting with over 35 years of experience in the legal domain of family law and domestic relations. Dr. Simon is licensed as a Psychologist in California and Hawaii, available for consultation throughout North America. He was recently elected to the Board of Directors of the National Council of Juvenile and Family Court Judges (NCJFCJ). Based in San Diego, California, Dr. Simon offers empirically driven, ethically integrated Forensic Psychology solutions to both legal professionals and individuals as a consultant, author and an educator.

TERESA S. THAYER is a founding partner of the Phoenix law firm of Thayer & Thayer, P.L.L.C., where she practices in the area of family law. She has served as a judge pro tem on the Arizona Court of Appeals and has taught at CLE seminars on domestic relations and ethics sponsored by the State Bar of Arizona and the Arizona Trial Lawyers Association. Ms. Thayer currently serves on the Board of Visitors of the University of Arizona College of Law, and is a member of the State Bar of Arizona and the State Bar of California. She earned her B.S. degree from Arizona State University and her J.D. degree from the University of Arizona College of Law.

STEPHEN VINCENT is an attorney at Best Law Firm, P.C., where he focuses on divorce, family and custody law issues. He is admitted to practice in Arizona. Mr. Vincent earned his B.A. degree from Brigham Young University, his master's degree from Southern Utah University, and his J.D. degree from Arizona State University.