5.11.11 Criminal & Family Law

Next week, special guest: Judge Robert W. Winsor

Personal and Community Property
- What mingling of assets occurred at time of marriage?
- Joint bank account, separate with joint, etc.
- Property acquired before marriage is personal property
- Inheritance is personal, but can become community if intermingled
All comes before the court for "just and equitable distribution".
- Debts are also property

Community Liability
- Tort
- What pool of assets is available to cover the debt?
- Was act in management or in benefit of the community?

Spousal Maintenance
- Economic Rehabilitation
- Lifestyle Maintenance

Statute
- Duration
- Standard of living
- Resources
- Time to acquire skills
- Needs

Short
-Less than 7 years
- Look back, return to pre-marriage condition

Medium
- Need, ability, and fairness

Long
- 25+ years
- Look forward, to balance economic disparity

CR 2a
Written agreements valid unless....

IRS
- Maintenance is tax deductible to payer, and taxable to recipient.

Presentence Reports
P = pass
+ = pass
P- = pass (could use improvement)

In-Class Project
- Interview Client Mark or Arnica Calhoun
- Create a list of legally significant facts to draft declaration
- Questions or targets for discovery (verifications, subpoenas, etc.)
- And develop case theory: strategy, property, parenting (what does client need and want)

• Use Divorce Checklist from course packet to frame issues
• Client goals
• What assets did you enter marriage with
• What skills and education did you enter marriage with
• Current situation- parenting/living (literally, room for child)
• Resources
• Needs (expertise, etc.)
• Danger Issues - domestic violence, drug use, etc.

- Child support paperwork and calculation

FOR NEXT CLASS- Create group list of questions and email to Andrew
(In family court motions to compel cost the client $3,000-5,000. Some questions go unanswered.) Organize what you know and be prepared for discussion.