Audio CD + Course Book

Divorce Law: Common Mistakes in Dividing Assets

Audio CD + Course Book

Copyright Date:

March, 2018

Product ID#:

78205CDRA

Audio + Course Book

Credit Information

Continuing Legal Education

  • WV CLE - 7.20

Other

  • NALA - 6.00
  • NFPA
From Event: Divorce Law: Common Mistakes in Dividing Assets, held March 2018.

Program Description

One of the largest, most complex aspects of divorce is the distribution of assets and debts. So many factors go into the final settlement that mistakes are common and potentially devastating to your client. How can you ensure that your client walks away with a fair portion of the marital estate? This legal guide will combine legal and financial expertise to give you the knowledge you'll need. Learn how to value familial assets in the present; determine how each spouse has contributed in the past; and account for future tax implications and changes in asset value. Don't miss this opportunity to build your skills - order today!

Course Content

  1. Failure to Obtain and Interpret All Financial Documents
  2. Inaccurate Valuation of Assets
  3. Failure to Account for Debts
  4. Failure to Equitably Distribute Assets
  5. Tax Consequences After the Divorce

Continuing Education Credit

Continuing Legal Education – CLE: 7.20 WV - Credit Approval Expiration 03/14/2020

National Association of Legal Assistants, Inc. – NALA: 6.00 N - Credit Approval Expiration 03/14/2020

National Federation of Paralegal Associations, Inc. – NFPA


* denotes specialty credits

Agenda / Content Covered

  1. Failure to Obtain and Interpret All Financial Documents
    9:00 - 10:15, Paige Flanigan
    1. Income and Property Tax Returns
    2. Payroll Stubs and Other Income Information
    3. Banking Information
    4. Financial Statements and Loan Applications
    5. Stock, Bond, Mutual Fund and Other Investment Documents
    6. Employee Compensation Documents
    7. Gift Tax Returns
    8. Retirement Documents
    9. Probate/Estate Documents
  2. Inaccurate Valuation of Assets
    10:30 - 11:45, Andrew S. Nason
    1. Valuing Active and Passive Assets
    2. Changes in Value
      1. Valuation Dates and State Laws
      2. Changes in Value Between Date of Separation and Trial
      3. Value at Time of Marriage Versus Time of Divorce
    3. Analyzing Tax Records to Find Hidden Assets and Income
  3. Failure to Account for Debts
    12:45 - 2:00, Andrew S. Nason
    1. Credit Card Debt
    2. Student Loan Debt and Questions Surrounding It
    3. Auto and Home Loans
    4. Refinancing Joint Loans
    5. Bankruptcy and Indemnity Clauses
    6. Prejudgment Allocation of Debt
  4. Failure to Equitably Distribute Assets
    2:00 - 3:15, C. Page Hamrick III
    1. Sources of Marital Assets
    2. Spouses' Respective Contribution to Marital Assets
    3. Division of Real Estate and Other Property
    4. Settlements and Awards
      1. Personal Injury Awards
      2. Workers' Compensation Settlements
      3. Disability Awards
    5. Businesses and Ownership Interests
    6. Assets From Community Property States in Non-Community Property States
    7. Commingling of Premarital, Gifted and Inherited Property
    8. Traps to Avoid
  5. Tax Consequences After the Divorce
    3:30 - 4:30, C. Page Hamrick III
    1. Tax-Free Asset Transfers
    2. Tax Loss Carry-Forward
    3. Taxable Gain in Divorce
    4. Taxation Issues With Spousal and Child Support
    5. Tax on Sale of the Marital Home and Other Real Estate Issues
      1. Foreclosures and Short Sales
    6. Recordkeeping Requirements and IRS Circular 230
    7. IRS Implications for Back Taxes Owed
    8. The IRS Maintenance Recapture Rule

PAIGE FLANIGAN is an attorney with Flanigan Law Office, where she focuses her practice in the area of family law issues, particularly divorce and custody. She is a former president of the West Virginia Association for Justice. Ms. Flanigan earned her B.A. degree from Concord University and her J.D. degree from Ohio Northern University.

C. PAGE HAMRICK III, J.D., CPA, is the principal of the Charleston law firm of C. Page Hamrick III, Attorney at Law. Mr. Hamrick has concentrated his practice in the areas of divorce law, tax and corporate estate law. He has served as a family law master, as assistant attorney general, as counsel to the West Virginia Legislature and as a hearing officer for numerous state agencies. Mr. Hamrick is a certified public accountant and frequently writes and speaks on state and federal taxation topics as they relate to divorce. He has testified as an expert witness in matters involving federal and state tax, financial analysis and real estate. Mr. Hamrick is a member of The West Virginia State Bar, the American Association of Attorney-CPAs and the West Virginia Society of Certified Public Accountants. Mr. Hamrick regularly teaches tax and law courses at Marshall University and has taught accounting at West Virginia University-Tech. He earned his B.S.B.A. and J.D. degrees from West Virginia University, and his M.B.A. degree from the Marshall University (formerly WVCOGS).

ANDREW S. NASON is a partner in the Charleston law firm of Pepper & Nason. He has argued cases before the West Virginia Supreme Court of Appeals, has conducted jury trials on various civil and criminal cases, and has litigated numerous cases and appeals. Mr. Nason has been very active in bankruptcy matters, particularly in Chapter 13 Wage Earner cases. He has been a frequent speaker at dozens of seminars on bankruptcy over the last 15 years. Mr. Nason is past chairman of the Bankruptcy Committee of The West Virginia State Bar and is the current chair of the Family Law Committee and has served on the Board of Directors of the Legal Aid Society. He was counsel for the debtor in the Monterra Development case, a lengthy and complicated Chapter 11 proceeding which eventually resulted in a payout to all creditors in excess of $20,000,000. Mr. Nason has been counsel in hundreds of domestic relations cases. He has been named in the Best Lawyers in America publication since 2001. Mr. Nason earned his B.A. degree, with honors, from the University of Michigan and his J.D. degree from the University of North Carolina.

Please refer to Continuing Education Credit FAQ for general information about seeking credit for your participation in one of our continuing education programs.

Additionally, our team of credit specialists are here to answer your specific credit-related questions weekdays 7am - 5pm Central:

Phone: 866-240-1890

Email: credit@nbi-sems.com

Accreditation Details:

Continuing Legal Education

WV CLE: 7.20 Credit Approval Exp
03/14/2020
This program may qualify for up to 7.2 hours of self-study credit, which includes 0.0 hour of self-study ethics credit, under the West Virginia Rules for Mandatory Continuing Legal Education. No more than 12.0 hours of self-study CLE credit may be earned during a reporting period.


National Association of Legal Assistants, Inc.

N LA: 6.00 Credit Approval Exp
03/14/2020
This seminar meets the requirements of the Certifying Board for Legal Assistants of the National Association of Legal Assistants, Inc., for 6.0 hours, including 0.0 ethics, of continuing legal assistant education self-study credit required to maintain the CLA (Certified Legal Assistant) credential.


National Federation of Paralegal Associations, Inc.

N PAR: Credit Approval Exp
03/14/2019
NBI, Inc. is a NFPA approved CLE provider.


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