Audio CD + Course Book

Family Law From Start to Finish

Audio CD + Course Book

Copyright Date:

April, 2018

Product ID#:

78786CDRA

Audio + Course Book

Credit Information

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From Event: Family Law From Start to Finish, held April 2018.

Program Description

This insightful guide will provide you with procedural guidance, how-to's, sample forms, and best practices so you can build a strong starting point or receive a practical refresher for an existing practice. You will also learn how to navigate special, hot-button issues such as the growing impact of social media in litigation and how to properly tackle frustrating support/income issues. Don't miss this opportunity to gain foundational knowledge and strategies that are critical to family law success - order today!

Course Content

DAY 1

  1. Client Intake: Divorce, Unmarried Couples, etc.
  2. Prenuptial Agreements: Key Clauses and Considerations
  3. Divorce Procedures, Initial Steps and Preliminary Orders
  4. Discovery in Divorce: Tax Returns, Social Media and More
  5. The Mechanics of Valuing and Dividing Marital Property
  6. Valuing and Dividing Retirement Assets in Divorce

DAY 2

  1. Tax Primer for Family Law Attorneys
  2. Child Custody, Parenting Plans and Paternity Actions
  3. Calculating Child Support and Alimony
  4. Settlement Negotiation, Trial Strategies and Drafting Final Orders
  5. Enforcing the Judgment and Contempt Proceedings
  6. Ethical Considerations

Continuing Education Credit

Continuing Legal Education

Credit Hrs State Credit Approval Expiration
CLE 12.00 NM * 04/24/2020
CLE 14.00 OK * 04/24/2019

* denotes specialty credits

Agenda / Content Covered

DAY 1

  1. Client Intake: Divorce, Unmarried Couples, etc.
    9:00 - 10:00, Camille A. Pedrick
  2. Prenuptial Agreements: Key Clauses and Considerations
    10:15 - 11:15, Amy Bailey
  3. Divorce Procedures, Initial Steps and Preliminary Orders
    11:15 - 12:15, Tamara L. Hoffstatter
    1. Annulment vs. Separation vs. Divorce
    2. Advising Clients About ADR Options
    3. Jurisdictional Considerations, Case Filing and Service of Process
    4. Case Information Statements
    5. Emergency and Preliminary/Temporary Orders
    6. Procedural Rule Pitfalls to be Aware of
  4. Discovery in Divorce: Tax Returns, Social Media and More
    1:15 - 2:15, Brian L. Shoemaker
    1. Discovery Timing and Extensiveness
    2. Effective Use of Interrogatories, Requests for Production, Requests for Admission, etc. (with Samples)
    3. How to Respond to Interrogatories and Requests for Documents
    4. Reading Complex Tax Forms
    5. E-Discovery Tips (with Sample Subpoenas)
    6. How to Authenticate and Admit Electronic Evidence
    7. Social Media's Impact on Litigation
    8. When and How to Use Discovery Motions (with Samples)
  5. The Mechanics of Valuing and Dividing Marital Property
    2:30 - 3:30, Amy Bailey
    1. Marital vs. Non-Marital Assets
    2. Dividing Real Estate
    3. Business Assets and Interests in Closely Held Entities
    4. Employee Benefits, Stock Options and Executive Compensation Plans
    5. Other Sources of Assets
    6. Dividing Debt Between Spouses
    7. Bankruptcy's Impact on Divorce
    8. When and How to Use Financial Experts
  6. Valuing and Dividing Retirement Assets in Divorce
    3:30 - 4:30, Camille A. Pedrick
    1. Qualified Domestic Relations Orders
    2. Retirement and Benefits for State Workers and Teachers
    3. Military Retired Pay
    4. Federal Employees Retirement System and Civil Service Retirement System
    5. Railroad Retirement System
    6. IRAs

DAY 2

  1. Tax Primer for Family Law Attorneys
    9:00 - 10:00, Brian L. Shoemaker
    1. Filing Status of Divorcing Parties
    2. Tax on Sale/Transfer of Assets
    3. Spousal Support Taxation
    4. Child Tax Benefits
  2. Child Custody, Parenting Plans and Paternity Actions
    10:15 - 11:15, Mary Ann R. Burmester
    1. Custody Options, Procedures and Forms
    2. Sole Custody vs. Shared Parenting
    3. Custody Evaluations
    4. Third Party Visitation Rights
    5. Relocation Requests
    6. How to Modify Custody and Visitation Orders
    7. Paternity Actions
    8. Drafting Parenting Plans
  3. Calculating Child Support and Alimony
    11:15 - 12:15, Mary Ann R. Burmester
    1. Child Support Guidelines and Calculations
    2. Interfacing with Child Support Agencies
    3. Alimony/Spousal Support Guidelines
    4. Actual Earnings vs. Earning Capacity, Overtime, Bonuses, etc.
    5. How to Modify Child and Spousal Support
  4. Settlement Negotiation, Trial Strategies and Drafting Final Orders
    1:15 - 2:15, Gary Boyle
    1. Best Arguments to Make in Negotiations
    2. Preparing for and Going to Mediation
    3. Hearings and Trial: What to Expect and How to Prepare
    4. Direct and Cross Examination in Divorce
    5. Drafting Final Orders
  5. Enforcing the Judgment and Contempt Proceedings
    2:30 - 3:30, Tamara L. Hoffstatter
    1. Bringing Contempt Issues to Court
    2. Child Support Enforcement
    3. Custody/Visitation Order Violations
    4. Violations of Restraining Orders
    5. Forcing the Other Party to Deliver Property
  6. Ethical Considerations
    3:30 - 4:30, Gary Boyle
    1. Recouping Attorneys' Fees
    2. Preventing Burnout
    3. Client Communications and Managing Expectations
    4. Client's Best Interests vs. the Child's Best Interests

AMY BAILEY is an attorney with Cordell & Cordell P.C., where she focuses her practice on family law. Prior to joining Cordell & Cordell, Ms. Bailey practiced family law, general civil law, municipal law, and election and employment law. She also provided general counsel to the New Mexico secretary of state from 2015-16. She received her B.S. degree from West Virginia University and her J.D. degree from the University of New Mexico.

GARY BOYLE, of Boyle Law Office, has practiced law continuously since 1981. In addition to serving as an associate and a partner in a business litigation firm in Oklahoma, he has served as in-house counsel with The Williams Companies, Inc. in Tulsa; Texas-New Mexico Power Company and First Choice Power in Fort Worth; and PNM Resources, Inc. in Albuquerque. Mr. Boyle was responsible for each of the company's litigation functions. He currently serves as the virtual general counsel for Environmental Enginuity Group, LLC (Michigan); adl High Voltage, Inc. (Texas); EnergyCom Network, Inc. d/b/a PayGo Utilities (Georgia); Flask, Inc.(New Mexico); and maintains an active litigation practice in New Mexico focusing on family law. Mr. Boyle is licensed to practice in the state courts of New Mexico, Texas, and Oklahoma; and in various federal courts including the U.S. Supreme Court. He earned his J.D. degree, with honors, from the University of Tulsa.

MARY ANN R. BURMESTER is owner and managing attorney of NM Divorce & Custody Law LLC and has been practicing for more than 25 years. Ms. Burmester practices statewide in all areas of family law, including divorce, child custody and support, property and debt division, alimony, enforcement or modification of orders and domestic violence restraining orders. She earned her Master's of Gerontology from Webster University which enables her to assist grandparents with custody cases and couples age 50+ going through divorce. Ms. Burmester is a certified legal specialist with the American Academy of Matrimonial Lawyers (fellow), 2014 to present; Supreme Court of New Mexico - Board of Legal Specialization, (family law) 2000-2005 and 2011 to present; and NITA Family Law Trial Advocacy Institute, (family law) 2012. Ms. Burmester is a member State Bar of New Mexico, Elder Law Section, chair for 2015, member of the Board of Directors 2007-2015; State Bar of New Mexico, Family Law Section chair for 2015 and member of the Board of Directors 2012-present; State Bar of New Mexico, Bridge the Gap mentor, 2012 and 2014; Tri-County Family Justice Center, Board of Directors; New Mexico Women's Bar Association, past president, 2003 and board member, 1998-2003; State Bar of New Mexico, Member, Committee on Women and the Legal Profession; Greater Albuquerque Chamber of Commerce, member and volunteer ambassador 2015-present. She earned her J.D. degree from Washington & Lee University School of Law.

TAMARA HOFFSTATTER is an attorney with NM Divorce & Custody Law LLC, where she practices exclusively in family law. She began her legal career as an assistant prosecuting attorney in Muskegon, Michigan in the Juvenile/Abuse and Neglect Department. In the years that followed, she practiced in personal injury, insurance subrogation, collections and bankruptcy law in the states of Maryland and Michigan in order to gain as much trial experience as possible. After honing her trial skills, she opened a firm in Michigan dedicated to the practice of insurance subrogation, commercial collections, and bankruptcy. While working in that legal field, she became aware of a common overlap between bankruptcy and collection cases, and divorce cases, which affords her a unique perspective in her approach to the financial aspects of a divorce case. A growing interest in family law, coupled with her enthusiasm as a young attorney working with children and families, led her to take a position with a nationwide family law firm in its Michigan office and allowed her to return to the legal arena that first sparked her interest in client advocacy. Ms. Hoffstatter received her B.S. degree, with honors, from the University of Iowa, and her J.D. degree from the University of Iowa College of Law.

CAMILLE A. PEDRICK is an attorney with Cordell & Cordell P.C. She is a member of the State Bar of New Mexico. Ms. Pedrick began her career as an attorney serving as a law clerk for the 6th Judicial District Court in Silver City, New Mexico. After completing her clerkship, she established a private practice in Tucumcari, New Mexico. Additionally, she has worked as a prosecutor in both Tucumcari, New Mexico and Clovis, New Mexico. As a prosecutor, Ms. Pedrick tried a variety of types of cases, including DWI's, domestic violence cases, white collar cases, and sexual assaults. She also has experience in many other areas of the law including domestic relations, adoptions, and guardianships. Ms. Pedrick is a board certified family law specialist and has completed training as a mediator, assisting other attorneys and their clients in settling their cases prior to trial. In addition to practicing law, she has taught law classes at both an undergraduate and graduate level. Ms. Pedrick earned her B.A. degree, cum laude, from the University of New Mexico and her J.D. degree from the University Of New Mexico School Of Law.

BRIAN L. SHOEMAKER has been a practicing attorney for more than 20 years with a strong emphasis in divorce and family law. Mr. Shoemaker has been trained in a variety of advocacy schools and has conducted in excess of 60 trials in federal courts and courts throughout New Mexico. He frequently lectures, presents and trains other professionals locally and internationally. Mr. Shoemaker earned his B.A. degree from Brigham Young University and his J.D. degree from Willamette College of Law, from where he also obtained a certificate in dispute resolution. He is a member of the State Bar of New Mexico. He was a former active duty and then reserve JAG lawyer in the U.S. Army. During his time as an Army lawyer, he was trained in an 80 hour course on domestic abuse and thereafter served on a multi-disciplinary council handling all reported cases of abuse on that installation. In additional to litigated cases, Mr. Shoemaker conducts a significant portion of his divorce case load both as a mediator and as a collaborative practitioner. He serves on The Alternative Dispute Resolution Committee for the New Mexico State Bar. He is a member and former committee member of the International Academy of Collaborative Professionals, as well as a member, former board member, president and trainer with the state and local collaborative practice groups. Mr. Shoemaker first became a certified mediator in 1988.

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

NM CLE: 12.00 Credit Approval Exp
04/24/2020
Includes - Ethics: 1.00
This program has been approved by the New Mexico Minimum Continuing Legal Education Board. This program may qualify for up to 12.0 hour of self-study credit, including 1.0 hours of self-study ethics credit. No more than 4.0 hours of self-study CLE credit may be earned during a reporting period.


OK CLE: 14.00 Credit Approval Exp
04/24/2019
Includes - Ethics: 1.00
This course has been approved by the Oklahoma Bar Association Mandatory Continuing Legal Education Commission. This program may qualify for up to 14.0 of Archived and/or Online OnDemand CLE credit hours, which includes 1.0 hour of legal ethics. No more than 6.0 hours of Archived and/or Online OnDemand CLE credit may be earned during a reporting period.


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