33rd Annual Advanced Family Law Seminar Materials
UPDATE ON VIRGINIA FAMILY LAW
Edward D. Barnes
I. Introduction
A. Abbreviations
B. Published and Unpublished Cases
II. Procedural Issues
III. Support and Maintenance
A. Determination
IV. Premarital and Property Settlement Agreements
A. Interpretation
B. Incorporation
V. Equitable Distribution
A. Classification
B. Valuation
C. Division of Assets
D. Enforcement
VI. Child Support
A. Modification
VII. Custody and Visitation
A. Determination of Custody/Visitation
B. Relocation
C. Adoption, Step Parent, Grandparent, or Other
VIII. Miscellaneous
A. Protective Orders
B. “Wiretapping”
C. Engagement Rings
D. Hague Convention
IX. Parental Rights
A. Termination of Parental Rights/Foster Care/Findings of
Abuse and Neglect
LEGISLATIVE UPDATE: 2017 GENERAL ASSEMBLY SESSION
Lawrence D. Diehl
I. In General
A. Summary List of 2017 Legislation
B. General Overview of 2017 Session
II. Marriage
A. Religions Freedom; Solemnization of Marriage
III. Equitable Distribution
A. None
IV. Divorce
A. Jurisdiction Over Civilian Employees and Foreign Service
Officers
V. Child Support
A. Special Needs Trusts; ABLF Savings Accounts
B. Child Support; Priority of Debts Paid From Decedent’s Assets
VI. Spousal Support
A. Authority of Court to Award Life Insurance Where Order for
Spousal Support Exists
VII. Custody/Visitation
A. Parenting Time
B. Court Order to be Delivered to Schools
IN SEARCH OF PERSONAL V. PROFESSIONAL GOODWILL
Gary W. Baum
ADVANCED FAMILY LAW ISSUES IN MEDIATION
Hon. Leslie M. Alden
Hon. Catherine C. Hammond
Hon. LeRoy F. Millette, Jr.
Hon. Dennis J. Smith
DIVIDING CIVILIAN FEDERAL GOVERNMENT RETIREMENT
BENEFITS UPON DIVORCE
Pamela K. Squires
I. Identification and General Overview of Federal Government Pension
Systems
II. Pension Benefits Under Each Retirement System
A. Monthly Annuity During Employee’s Lifetime
B. Refund of Employee Contributions
C. Former Spouse Survivor Annuity
III. Clearly Express the Former Spouse’s Entitlement Using the Correct
Terminology
A. Monthly Annuity During Employee’s Lifetime
B. Refund of Employee Contributions
C. Former Spouse Survivor Annuity
IV. Often Overlooked Issues Pertaining to Federal Government Pensions
A. Purchase of Military Service
B. No Former Spouse Survivos Annuity for Separated Employees
Under CSRS
C. FERS Supplement
V. Special Rules Pertaining to FSPS, FSRDS, FERS Special, CIARDS,
ORDS, and Other State Department or CIA Employees Who Elect
to Coverage Under FERS or CSRS
A. Foreign Service Retirement and Disability System (FSRDS)
Or Foreign Service Pension System (FSPS)
B. Central Intelligence Agency Retirement and Disability System
(CIARDS) or Organizational Retirement and Disability System
(ORDS)
VI. What and Where to Send Documents Regarding the Division of a
Civilian Federal Government Pension
A. Documentation Required by OPM
B. Documentation Required by the Department of State
C. Documentation Required by the CIA
VII. Continuation of FEHB Health Care Coverage
A. Temporary Continuation Coverage (TCC)
B. Spouse Equity Coverage
VIII. Thrift Savings Plan and Other Defined Contribution Plans for Federal
Government Employees
A. “Retirement Benefits Court Order” (RBCO)
B. Who is Eligible to Participate in the Thrift Savings Plan
C. Assigning Benefits to the Former Spouse
D. Defining the Martial Share
E. “Interest and Earnings” or “Gains and Losses”
F. Loans
G. Must be Allocated on a Pro Rata Basis
H. Distribution Options Available to a Former Spouse form the
TSP
I. Direct Distribution and Tax Considerations
J. Miscellaneous Other Considerations
K. Obtaining Information from the TSP
L. Documentation Required by the TSP
IX. Additional Resources
OBSTACLES TO DIVIDING MILITARY RETIREMENT BENEFITS
David I. Kelley
DIVIDING FEDERAL GOVERNMENT RETIREMENT BENEFITS
UPON DIVORCE
David I. Kelley
Pamela K. Squires
THE ETHICAL LAWYER’S SURVIVAL GUIDE TO
UNFORTUNATE CIRCUMSTANCES
David D. Masterman
Edward D. Barnes
Lawrence D. Diehl
Gary W. Baum
Hon. Leslie M. Alden
Hon. Catherine C. Hammond
Hon. LeRoy F. Millette, Jr.
Hon. Dennis J. Smith
Pamela K. Squires
David I. Kelley
David D. Masterman
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