Assumptions and Presumptions and Suppositions, Oh My! (2022 Family Law Fall Program)
8:25 Registration and Continental Breakfast
8:55 Welcome and Introductions
Nadia A. Margherio, Sodoma Law, Charlotte
Explore whether the current legal presumptions involved in custody cases (e.g., Petersen, the "intact family rule," burdens in third-party custody cases, and parenting coordinator involvement) continue to make sense in our practice, whether we need to change some of these presumptions, and whether we need more presumptions (e.g., minimum visitation time).
10:10 Child Support
Leigh B. Sellers, Touchstone Family Law, Charlotte
Hear about the presumptions that underlie our current child support system, whether these presumptions make child support cases simpler or more difficult to litigate or resolve, whether the guidelines make sense, and whether we are better off with or without them.
11:20 Mental Health†
Rebecca K. Watts, Collins Family Law Group, Charlotte
We all know people who have dealt with mental health issues, but we don't always know when our friends and colleagues are affected. The stigma around mental health issues often causes people to hide their struggles from others. In this presentation, some of our friends and colleagues will share their stories of struggles with mental health — the hope being that through their stories we can become more aware of the issues and that anyone struggling in silence will see that they are not alone.
12:20 Lunch Break
Jonathan G. McGirt, Jonathan G. McGirt Attorney at Law, Raleigh
Walk through the appeals process in family law cases and learn about which orders can be appealed, how they are appealed, what you can and cannot accomplish with an appeal, and what presumptions govern the Court of Appeals as they review a trial court's order.
Elizabeth J. "Libby" James, Offit Kurman, Charlotte
Review the history and development of presumptions that govern alimony cases and consider whether our current factors need to be updated, whether it makes sense for martial misconduct to continue operating as a complete bar to alimony, whether we need alimony guidelines, and whether there should be presumptions related to the length of the marriage.
3:40 Equitable Distribution
Ketan P. Soni, Soni Brendle, Charlotte
Analyze the starting presumptions involved in equitable distribution, what it takes to overcome those presumptions, and who has the burden when one seeks to overcome the presumptions. We also consider what works and what does not work and whether we need more or fewer presumptions.
† Indicates portion providing Substance Abuse/Mental Health credit
We encounter assumptions, presumptions and suppositions nearly every day in the practice of family law. Some of these are set out in statutes, some are derived from case law, and some come from local practice or personal experience.
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