2017 Annual Family Law Seminar

2017 Annual Family Law Seminar

Sponsored by the NSBA’s Family Law Section

Thursday, May 18

8:30 am – 4:30 pm CST

Embassy Suites – La Vista, 12520 Westport Pkwy, La Vista, NE

*Also available via live webcast*

6.25 hours of Nebraska and Iowa CLE credit, including 1 hour of ethics

Find out more and register at http://www.nebar.com/events/EventDetails.aspx?id=922437&group

8:00 am: Check-in

8:30 am: Welcome and Introductions

8:35 am: Parental Alienation

 

Dr. Amy Baker, Ph.D, PAS Expert

 

Dr. Baker will discuss the latest diagnostic developments regarding parental alienation, why the court should intervene, and what can be done when alienation is identified. Dr. Baker is the leading expert on this subject and will be providing information that can be used by attorneys, mental health professionals and judges.

10:35 am: Break

10:50 am: Ethics in the Courtroom – A Judicial View

 

Hon. John Samson, Washington County District Court; Hon. Shelly Stratman, Douglas County District Court; and Hon. Rachel Daugherty, Hamilton County District Court

 

The judges will discuss ethical issues that arise in their courtrooms, what attorneys can do to avoid ethical pitfalls, and common ethical missteps from a judge’s perspective.
11:50 am: Lunch (included with your registration)

 

12:40 pm: Emotional Abuse Topics in Family Law Explained

 

Dr. Amy Baker

 

Attendees will gain a deeper understanding of emotional abuse, with a focus on how this impacts families and children in the context of divorce and custody.

1:40 pm: Using Tax Returns to Determine Income for Farmers and Small Business Owners

 

Reed Samson, CPA, Lutz & Company, PC

 

Reed Sampson will provide practical tips for utilizing tax returns to help determine income available for purposes of determining child support and alimony. The focus will be on farming income and small business income and how to interpret those specific tax returns and schedules.

2:40 pm: Break

3:00 pm: Top Ten Tax Tips for 2017

 

John Ballew Jr., Ballew Covalt Hazen, PC LLO & John Slowiaczek, Slowiaczek Albers & Astley, PC, LLO

 

The Johns will be discussing the top tax issues that every divorce lawyer should know, including the latest changes and developments impacting divorce decrees and settlement agreements.

3:45 pm: Case Law Update

 

Adam Astley, Slowiaczek Albers & Astley, PC, LLO

 

Adam will cover the latest need-to-know cases for Nebraska family law practitioners.

4:30 pm: Reception

Dues-paying members of the NSBA can attend for only $325. Regular registration is $425.

Not a dues-paying member of the NSBA? Pay your voluntary dues now at www.nebar.com or by calling the NSBA at 402-475-7091 and receive the dues-payer rate! Visit www.nebar.com/memberbenefits to learn about all the benefits you get by being a dues-paying member of the NSBA.

Non-attorneys are also welcome to attend. For non-attorney pricing, contact the NSBA at 402-475-7091.

Natalie S. Hazen
Attorney at Law
Ballew Covalt Hazen P.C., L.L.O.
1045 Lincoln Mall, Suite 200
P.O. Box 81229
Lincoln NE 68501-1229
Phone: (402) 436-3030
Fax: (402) 436-3031

Natalie S. Hazen named Chair of the Family Law Section

Natalie S. Hazen, a principal of the firm, has been named the Chair of the Family Law Section of the Nebraska State Bar Association.  Natalie will be the Chair for the next two year term.

As a first order of business, Natalie assembled the annual Continuing Legal Education Program for the family law section on May 18, 2017 at the LaVista Conference Center, in LaVista, Nebraska.  The annual program has been moved from July to May to help practitioners avoid conflicts with family obligations during the summer months.

Dr. Amy Baker a nationally recognized specialist in Parental Alienation, will be the featured speaker.  Presentations from Accounting/Tax Experts and Nebraska’s judiciary are included.

Attorney John Ballew of our firm will also be presenting the “Top Ten 10 Tips Family Law Attorneys Need to Know!”

The days’ program will conclude with a large reception sponsored by The Nebraska Child Support Calculator and Reagan, Melton & Delaney, L.L.P.

 

2017 Annual Family Law Seminar

Sponsored by the NSBA’s Family Law Section
Thursday, May 18
8:30 am – 4:30 pm CST
Embassy Suites – La Vista, 12520 Westport Pkwy, La Vista, NE

6.25 hours of Nebraska and Iowa CLE credit, including 1 hour of ethics

Find out more and register at
http://www.nebar.com/events/EventDetails.aspx?id=922437&group

Adam R. Little successfully defends a divorce appeal in recent published decision of the Nebraska Court of Appeals

March 7, 2017:  After nearly six years of litigation, Adam R. Little successfully defended a divorce decree that was appealed by his client’s former spouse in Lisec v. Lisec, 24 Neb.App. 572 (2017), bringing much needed closure to his client.  The case presented an opportunity for the Nebraska Court of Appeals to clarify the law with respect to the pleading requirements for a counterclaim and a Defendant’s right to proceed on their claim even if the Plaintiff voluntarily dismisses their claims.

The case began nearly six years prior when Wife filed for divorce in 2011, and the Husband filed a responsive pleading that stated a claim and sought relief.  Mere weeks before trial, Wife dismissed her case and immediately re-filed in a different county.  However, Husband sought to reinstate the case in Lancaster County because he filed a proper counterclaim which could not be dismissed by the Plaintiff.  The Honorable Jodi Nelson agreed, reinstating the case and moving it towards trial.  Wife unsuccessfully attempted to appeal that decision, which was rejected as not an appealable final order.

The case was eventually tried and a decree was entered dissolving the parties’ marriage and equitably dividing their estate.  Wife appealed the decision, arguing that Judge Nelson improperly reinstated the case, that there was no counterclaim on file, and that even if there was jurisdiction, the ultimate division of the marital estate was not equitable.

The Court of Appeals soundly rejected all of her claims, specifically holding that the trial court properly exercised its inherent power to vacate or modify a judgment during the term it was issued when it reinstated the case on Husband’s counterclaim.  The Court further held that a counterclaim does not require the specific title of “counterclaim,” but merely must contain a caption, a short plain statement of the claim showing that the claimant is entitled to relief, and a request for relief.  After resolving the jurisdiction issue, the Court of Appeals affirmed Judge Nelson’s decision in all respects.

Adam also won an attorney fee award of $5,000 for his client in defending this appeal.

The Court of Appeals’ full opinion can be read here

Adam R. Little obtains favorable ruling in complex multi-state custody appeal

August 9, 2016:  Adam R. Little recently won a custody appeal for his client in a ruling from the Nebraska Court of Appeals in State on Behalf of Gaige R. v. James M., Case No. A-15-698.  The case involved complex procedural issues, where an order establishing paternity had been entered in Nebraska; however, neither party remained in the state and both parties sought full custody and permission to remove the child to South Dakota or Colorado respectively.  For the first six years of his life, the minor child had resided exclusively with his Mother.  Despite the overwhelming evidence that he was thriving under her care, the trial court awarded custody of the child to the Father and allowed him to remove the child to Colorado.  

On appeal, Adam argued that the district court incorrectly applied the legal standards for a change of custody and for permission to remove the child from Nebraska.  He successfully persuaded the Court of Appeals that the district court abused its discretion because the change in custody and move to Colorado was not in the child’s best interests.  The Court of Appeals reversed the trial court’s decision, ordering that custody be awarded to the Mother and she be allowed to remove the child to South Dakota.

Adam also defeated an attempt to Petition the Nebraska Supreme Court for further review.

This was a huge win for Adam’s client, as she was reunited with her son and allowed to bring him to South Dakota, where she now resides with her husband.

Following his victory, Adam also won an attorney fee award of $2,900 for his client in prosecuting this appeal.

The Court of Appeals’ full opinion can be read here.