The Family Times
West Virginia Family Law Newsletter
 
July 2011 - Vol 1, Issue 6

Greetings!

 

Please continue to email the editor with comments, articles, newsletter ideas, & reader tips.  This is your newsletter so we want to hear from you! 

 

Mark your calendars! The next West Virginia State Bar Family Law Committee meeting is on August 12, 2011 from10am - 12pm at the West Virginia State Bar Office.

FAMILY COURT QDRO REFERRAL LIST

 

The West Virginia State Bar Family Law Committee is trying a new program whereby family court judges would refer the drafting of Qualified Domestic Relations Orders to local attorneys in cases with pro se' litigants for a nominal fee.  Other attorneys would have access to the list and could seek the drafting services of the attorneys on the referral list.

 

If you would like your name added to the QDRO referral list, please email Brittany Ranson  

Essential Software for a

Domestic Relations Practice

By: Mark Kelley, Esq.

 

When I started practicing law twenty years ago, computers were just starting to take over the law office.  My firm still required legal assistants to know shorthand, small office computer networks were rare, and "Boolean searches" were still the norm for Westlaw and Lexis.

 

Today, both hardware and software have advanced to far that is has literally revolutionized the way we process work in my office.  Through a lot of trial and error, we have acquired in what we consider essential software that we use every day that not only increases our productivity but permits us to better serve our clients.  Thus, the following products are what I consider to be essential for a modern domestic relations practice.

 

Word Processing. Of course, it goes without saying that you need a good word processing program.  Microsoft Word rules the world today, but we are among the few that still use WordPerfect.  We have stayed with WordPerfect all of the these years because we find it to be a far more versatile program than Word.  However, if you use Word, stay with it, as many of the other programs we use work seamlessly with Word, and not so much with WordPerfect.   If you are feeling adventurous,  Sun Microsystems offers a free suite of software (word processing, presentations, spreadsheets, data base) called Open Office.   Only time will tell if Open Office gets widespread acceptance in the business world.

 

Calendaring.  Although I know many small office and solo practitioners who still do their calendaring the old-fashioned way - with a physical calendar and a pencil - switching to a calendaring program and a smart phone will change your life for the better.   Microsoft Outlook is one such program that is made for a general business environment, but can be easily adapted for law offices.  There are also numerous law-specific products available (although generally much more expensive than Outlook).  Outlook works easily with all of the major smartphone providers, so you can always have your calendar on-the-go.  If you purchase, a law-specific calendaring program, just make sure it will integrate with your smartphone. If you are reluctant to abandon your paper calendar, check with your malpractice carrier. I suspect that most will strongly recommend a switch to a calendaring program, and it might even help lower your premium.

 

Adobe Acrobat.  By far the software program that has changed the way we work the most is Adobe Acrobat.   Anyone can acquire Adobe Reader free of charge, which will permit you to read .pdf documents.  But if you want to create or manipulate .pdf documents, you will need Adobe Acrobat. (Note: some word processing programs now permit you to create a .pdf document, but will not allow you to change or modify it). 

 

How do we use Acrobat?  We create our own fill-in-the-blank forms, append comments on drafts & return the document to others for changes or review, redact information from documents, Bates-stamp documents, save emails in an organized fashion, and (with help of a good scanner) scan all documents in the physical file.  Since we began using Acrobat regularly, we rarely have to access the physical file. Acrobat comes in Professional & Standard versions.  If you only have one copy in your office, buy the Pro version, as some of the features discussed are not available in the Standard version.

 

Scanner.  A good user-friendly scanner is essential.  We use the popular Fujitsu ScanSnap 1500.  It is not only a breeze to set up, it is very easy to use, and it processes documents quickly.   As a bonus, each scanner comes with copy of Adobe Acrobat Standard.   With a scanner and a good-quality laser printer, you can, with minimal inconvenience, eliminate the need for a photocopier.

 

Child Support Software.  Although not essential, there are two programs that you can purchase to run child support formulas; SupportCalc (www.legalplus.com) - $179, or WV Civil Ware (www.lawtechllc.com)  Civil Ware has four programs ($397.50 for all; $159 for just CivilWare): "ChildWare", which is the child support calculator; "HouseWare" an equitable distribution chart; "Aware", an income and expense calculator for alimony cases; and "BeWare", for calculating unpaid child support and alimony.  One warning - my version of CivilWare doesn't work with Windows 7, and I am not sure if an updated version has been issued.

                                                                                   

Finally, I recommend that every domestic practitioner purchase the West Virginia Children, Youth and Family Law, Annotated

(Lexis/Nexis). The cost is around $60. Yes, this is a book. BUT, the book comes with a disc of the law. The disk alone is worth the purchase price. The data is searchable and cutting and pasting is a snap.

 

Follow these tips, and you and your staff will appreciate the efficiency that these products can bring to your practice.  

 

 

 

United States Supreme Court Decision

Turner v. Rogers (6/20/2011)

 

Holding: The Fourteenth Amendment Due Process Clause does not automatically require court-appointed counsel for an indigent parent facing incarceration for non-payment of child support where the State provides alternative safeguards.

 

The 14th Amendment's Due Process Clause does not automatically require the State to provide counsel at civil contempt proceedings to an indigent noncustodial parent who is subject to a child support order, even if that individual faces incarceration.

 

In particular, that Clause does not require that counsel be provided where the opposing parent or other custodian is not represented by counsel and the State provides alternative procedural safeguards equivalent to adequate notice of the importance of the ability to pay, a fair opportunity to present, and to dispute, relevant information, and express court findings as to the supporting parent's ability to comply with the support order. Pp. 7-16.

 

The procedure safeguards required to satisfy due process include: 

 

(1) notice to the defendant that his "ability to pay" is a critical issue in the contempt proceeding; (2) the use of a form (or the equivalent) to elicit relevant financial information from him; (3) an opportunity at the hearing for him to respond to statements and questions about his financial status; and (4) an express finding by the court that the defendant has the ability to pay.

 

Click here to read the full opinion

 

 

Top Family Law Blogs

 

1. Alltop Family Law: An organized and abundant compilation of family law blogs with a hover-over-mouse feature that lets you read article summaries before clicking on the title.

2. Family Law News Blog: Family lawyers share and analyze news about family law.  Posts divided by topic, such as retirement, child relocation, and collaborative law. 

3. Family Lawyer Tech & Practice: Blog with a focus on utilizing technology in the family law practice. 

4. Divorce Saloon: "A 24/7 news blog, where divorce meets pop culture." 

 

 

*West Virginia Family Law Bloggers - email the editor with your website address to get published in the next issue!

Reader's Voice:

Question of the Month

 

Several of the National Football League (NFL) and the National Basketball Association (NBA) players have filed for a modification of child support based on the labor disputes, which have resulted in the owners instituting "lockouts" against the players.

 

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QUESTION: Do you think the NBA or NFL player's attempts to modify and reduce child support payments be successful under West Virginia Law?

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Email the Editor with your analysis, comments, and opinions.  

Contacts

 

Editor:  Brittany N. Ranson, Esq.

Click here to Email the Editor  with ideas, articles, CLE or other events, news, QDROs, comments or to join our mailing list.

 

WV State Bar Family Law Committee

Chair Lyne Ranson, Esq.
2006 Kanawha Boulevard, East
Charleston, West Virginia 25311

 

Kanawha County Family Law Bench Bar 

Chair Andrew S. Nason, Esq.

In This Issue
QDRO Referral List
Essential Software for a Domestic Relations Practice: Mark Kelley, Esq.
US Supreme Court: Turner v. Rogers (2011)
Best Family Law Article Blogs
Reader's Voice Question of the Month

Family Law 

in the News  

 

Pulitzer prize winner sues divorce attorney for failure to protect his nobel prize money. Read

 

NYTimes Article:

Ending the Alimony Guessing Game. Read

  

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Please email the Editor with:

 

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The Family Times is brought to you by:
 

West Virginia State Bar

President, Gary W. Nickerson, Esq.

 

WV State Bar Family Law Committee

Chair, Lyne Ranson, Esq.

 

Kanawha County Family Law Bench Bar Committee

Chair, Andrew S.  Nason, Esq.


Newsletter Editor

Brittany N. Ranson, Esq.