The Minnesota Family Law Podcast

Karen Kritta and Tom Harjes join Tom Tuft to discuss advance payment of Child Tax Credit and the recently passed Minnesota tax bill that includes deduction for PPP-related expenses and other changes relevant to family law matters. In addition, they discuss the newly decided Schmidt case that confirms the necessity of using NET income to determine whether a party can meet their needs.

Chris Vatsaas, a partner at Chesnut Cambronne, PA and Lindsey O'Connell, a shareholder at Tuft, Lach, Jerabek & O'Connell, PLLC join Tom Tuft to discuss the programs at the Family Law League. The Family Law Leauge is one of the leading organizations among Minnesota Family Law professionals. While oriented to the younger such professionals, they welcome all family law professionals.

Dr. Jordan Hart and Dr. Kent Kodalen join Tom to discuss coaching in the context of family law. What is it and when can it be most helpful? What is the difference between coaching and therapy? Can both parents use the same coach?

Michelle Camilli and Jennifer Stevens join Tom to discuss the happenings in Dakota County Family Division. The biggest news is the new volunteer mediation program they launched with support of Judge Wahi. In addition, they discuss the new calendaring system for trials. Finally, they discuss the benefits of having a marketing wingman/woman to help you build your practice.

Jennifer Stevens of Stevens Family Law and Mediation, PLLC and Liz Drotning Hartwell of Best and Flanagan join Tom to discuss how they built successful practices. Both had to restart their practice upon relocating to Minnesota from different states. Jennifer practiced in Indiana. Now, she has a solo practice in Dakota County. Liz was the managing partner at a firm in New Mexico. Now, she works at Best & Flanagan. They discuss how they made connections and built their business. In addition, they discuss parenting while building a practice.

Mike Black and Marty Swaden join Tom to discuss family law arbitration.

Family law attorneys Dan O'Connell and Allie Connell of Tuft, Lach, Jerabek & O'Connell, PLLC join Tom to discuss the many nuances of spousal maintenance (once called alimony). They consider why permanent maintenance may not be permanent and temporary maintenance may not be temporary. They address modification upon retirement, unemployment, remarriage, or other major life event event. They discuss the difference between waivers and Karon waivers. Some of our podcasts are for family law professionals and some are for consumers of family law services. This one is more oriented to consumers.

Author Alysha Price of The Price Dynamic joins Tom to discuss the services her company provides, including affordable supervised parenting time. In addition, they discuss the relative paucity of people of color providing services for families and her plans to train more providers to support underserved communities.

Susan Rhode and Jim Vedder of Moss & Barnett join Tom Tuft of Tuft, Lach, Jerabek & O'Connell to discuss how to prepare a family law client for resolution of their case. They discuss concepts of BATNA (Best Alternative to a Negotiated Agreement) and WATNA (Worst Alternative to a Negotiated Agreement) a concept fleshed out in "Getting to Yes" by Fisher and Ury. In addition, they discuss how to use the expertise of the ADR provider to assist them in working with their client to find a good resolution of the case.

Tim Morrow and Azure Schermerhorn-Snyder join Tom for a preview of next week's Minnesota Family Law Institute.

Zak Kretchmer and Kevin McGrath join Tom for preview of the topic of Divorce Camp, Negotiation. They discuss the pros and cons of different approaches. This is the first in a series of episodes on negotiations.

Patrick Hest, an Assistant Director at the Ramsey County Attorney's Office, joins Tom to discuss how the Ramsey County Attorney's Office is handling their family law-related work through the pandemic. This includes not bringing new contempt proceedings for non-payment of child support due to the poor economy and the desire to reduce the jail population. He identifies the opportunities for payment of child support with per capita stimulus payments as well as expanded eligibility for unemployment compensation under the previous federal stimulus packages. In addition, his office is leveraging already available public assistance services to help those with child support obligations find employment or even develop a career path. A goal is to help people get well-paying jobs with the collateral benefit of helping them get on top of their child support payments.

Kelly Olson Pederson, CFP, CDFA, of Caissa Wealth Strategies joins Tom to discuss the importance of financial guidance during a divorce, especially in these uncertain times. She identifies the importance being aware of the tax and other differences of various kinds of assets from cash ("cash is king") to Roth IRAs to investment accounts (capital gains and income tax) to IRAs and 401(k)s (penalties and ordinary income tax). In addition, she points out that we need to consider how liquid an asset may be from cash to real estate to a business and whether discounting should be considered. Finally, she discusses the importance of having an eye on the short, medium and long term needs of our clients.

Marilyn Hoffies, senior a paralegal at the law firm of Tuft, Lach, Jerabek & O'Connell, PLLC discusses how she and her colleagues at other firms are handling working remotely. She identifies what struggles support staff from firms large and small have experienced in the move to working remotely. She offers tips on maintaining firm collegiality through distant learning. In addition, she discusses what she did to maintain work life balance while working at home.

Attorney Allyson Kerr of Tuft, Lach, Jerabek & O'Connell, PLLP, joins Tom to discuss her first evidentiary hearing, an OFP conducted via Zoom. To add to the complexity, it was a case involving an interpreter. She discusses how the parties were situated; how the Court handled exhibits; how counsel shared exhibits with the witnesses and judicial officer; and how the judicial officer rendered the decision. She discusses glitches to watch for (like a problem with feedback on the line) and offers a few tips on making it all go smoothly for your client.

Attorney Jennifer Roben and paralegal Amanda Rock join time to discuss the changes they have made in their firm as we emerge from the pandemic. They discuss how, through the use of technology, they have been able to quickly adapt and continue to serve their clients. They have the added benefit of having experience working from home before the pandemic hit so they had technology and systems in place. They discuss the challenges of maintaining the social and professional interaction with one another when not together in the office and when the means of communication are more limited. They discuss safety precautions their firm is taking as clients return to attorney offices.

Christine Tuft, Marketing Partner at the Law Firm of Arthur, Chapman, Kettering, Smetak & Pikala joins Tom to discuss practice development and marketing. The focus of this episode is on self-assessment, skillset assessment, and business assessment. These are the first steps in creating a marketing-focused business plan. Self Assessment. We need to be self-aware and need to know our strengths and weaknesses. What is your personality type. What do you like doing and what are you willing to do. This is a challenging exercise in that it is important to be honest with ourselves and self-aware enough to make this kind of assessment. Taking it to the next level includes inquiring of a trusted colleague or mentor to help you with an honest assessment Skillset Assessment. What are the gaps in your knowledge our skills? What do you need to add to your personal inventory to reach your goals. Business Assessment. Analyzing what kind of work you are doing and how are you getting it. This includes gathering the data from your firm and taking the time to study and think about it. This includes identifying case types and referral sources. This is part of an ongoing series of podcasts on business development and marketing.

Attorneys Victoria Elsmore and Amy Krupinski join Tom to tell the tale of their family court jury trial. They represented the biological father in the case in which the mother and her husband sought to have the issue of paternity determined by jury. The jury was to decide between the competing presumptions. They discovered that court rules do not really contemplate family court juvenile trials. The attorneys had to work around those rules. There was the additional challenge of language and cultural barriers to address in the case. Before they could even get started, the trial court's decision to grant a jury trial was appealed all the way to the Minnesota Supreme Court. Once that was resolved, they had to address unique issues large and small. From basic questions like how many jurors to seat. To nuanced questions like voir dire of the jurors and then selection. They had to create jury instructions essentially from scratch. They had to do an oral closing to the jury and then wait for deliberations to decide paternity. Ultimately, the biological father prevailed on paternity, but issues of parenting time and custody remain to be resolved.

Amanda Hagen joins Tom to discuss the challenges of practicing in Minnesota and Wisconsin, especially in light of the differences in how the two states are approaching the pandemic. She reviews the battle between the Wisconsin executive branch and judicial branch over emergency powers. Then, she explains how the Wisconsin courts are handling court proceedings and compares that with how the Minnesota courts have moved forward.

Loretta Frederick, Senior Legal Policy Adviser to the Battered Women's Justice Project, joins Tom to discuss the incidence of intimate partner violence (IPV) during the stay-at-home periods of the pandemic. She points out that those who were previously living with coercive controlling domestic violence are even more entrapped in these dangerous situations. This is especially alarming in Minnesota with the significant increase in purchases of firearms by first-time gun owners. She highlights the new tactics used by abusers, for example, where an abuser may withhold a child from an essential worker-parent on the pretext that the essential worker may endanger the child through exposure to COVID-19. She addresses the challenges survivors face in fleeing to a safe house that may expose the survivors own family and the host family to COVID-19. She discusses the challenges in rural areas that had relied upon hotels to temporarily shelter survivors when those hotels are now closed. All of this compounded when shelters are full and staff and other supports are not available. Further, survivors do not have access to libraries or coffee shops where they may have accessed help through the internet. The supports they need to get to safety are largely unavailable. There is the additional concern that children are exposed to more abuse than they were. School counselors, nurses, neighbors, clergy, doctors are all no longer in regular contact with survivors and their children. Options for survivors like independence through housing, employment, support services, and the courts have been less accessible or even not available during the heart of the quarantine. She discusses the challenges of Online Dispute Resolution (ODR) and court trials via videoconferencing. For example, what if the abuser and survivor are in the same location during videoconferences? She posits the possibility of entering into temporary, pandemic-related settlements lasting perhaps six months so that a more thoughtful solution can be devised once the pandemic has abated. This is one way to try to limit the long-term negative implications of the pandemic. The video she references is available at bwjp.org.

The Honorable Sheridan Hawley Judge of District Court sitting in Washington County discusses the re-opening plan for the courts in Washington County. She discusses the challenges of developing a plan that meets the Governor's Order, the Chief Justices Order, the Judicial District's expectation and the County's (that actually owns the building) needs against the need for access to justice for those who cannot afford remote technology. These courthouses and courtrooms really were not designed to allow six feet between each person. She reports that they are required to have at least some courtrooms open by June 15, 2020. While much may be done remotely, when access to justice is at issue, the courtrooms must be open. She describes courtroom design plans, including separating attorneys from clients at counsel table by plexiglass. Related to that is the possibility that counsel and client would be permitted to communicate via telephone while sitting next to one another in the courtroom.

Realtor Dawn Keenan of Edina Realty discusses what she sees as positive momentum in the real estate market. She identifies the shortage of homes as a positive factor, especially as compared to the market heading into The Great Recession in 2008. In fact, there is a belief that the real estate market may help lead the economy out of the recession. In addition, she discusses the safety measures put in place in her industry. For example, there has been a suspension of open houses. Showings include masks, hand washing and other protective measures. For sellers with special concerns they can indicate personal preference notes to address their concerns. There is even an option for virtual showings. Closings have changed so that agents are asked not to attend and sellers and buyers are separated for the closing. She sees real estate activity trending upward and believes this is a good time to place a home on the market, especially in the sub-$300,000 price range.

Alternative Dispute Resolution (ADR) service provider Andrea Niemi joins Tom to discuss how her ADR clients are navigating the pandemic. She highlights the successful problem-solving of her parenting consultant clients. She addresses the challenges of appellate mediation that exist regardless of the pandemic. She muses about the likelihood of continuing to provide services via videoconference, and the positive outcomes she has experienced. She discusses the challenges clients have faced in participating in an ADR session due the proximity of children and discusses the creative ideas clients have used like going to their empty work office or mediating from their car in the driveway. Finally, she expresses optimism about where the ADR field is headed with the technological and creative solutions forced upon us by COVID-19.

Christine Tuft, one of the marketing partners at the litigation law firm of Arthur, Chapman, Kettering, Smetak & Pikkala joins Tom to discuss business development and marketing ideas that you can adopt and adapt to your own approach. This will be the first of a multi-part, weekly series about how to continue market your practice despite the challenges imposed on us by COVID-19. Specific ideas are offered as well as a pathway toward building a plan. First, stay connected with your clients which we must do as professionals. Second, stay connected with your referral sources. Third, regroup and think about your business and marketing plan.

Dr. Kent Kodalen joins Tom to discuss the challenges and benefits of offering therapeutic, coaching and parenting consulting services via videoconferencing. Also, he discusses the importance and benefit to the clients of there being good relationships between the professionals in a case (therapist, coaches, parenting consultants and attorneys).

Dr. Karen Irvin joins Tom to discuss the challenges our mental health and ADR service providers face in providing services in an era of social distancing. Karen is a retired ADR provider, educator, coach, custody evaluator, and consult group leader who has trained a whole generation of family law service providers. From custody evaluators, to therapists, to ADR providers they have had to learn new ways. For example, she identifies the challenges to therapists of conducting diagnostic assessments and offering therapy to clients who are in their home with all of the distractions that may include. At the same time, she identifies the positives of clients perhaps being more comfortable talking in their own homes. She discusses the importance of the professionals screening for domestic violence especially with the parties still residing together. Custody evaluators are unable to conduct home visits and have confidential interviews with children. And this creates the problem of further delay for families. She identifies the personal challenge therapists are having in offering therapy at the same pace as before while staring at a screen for many hours Finally, She acknowledges the very real challenges for professionals, who are highly competent in their work, but are now having to provide services via technology with which they may not be as competent.

Attorney and ADR provider Dana McKenzie of Cheney-Hatcher & McKenzie Dispute Resolution Center, PLLC joins Tom to discuss how our family law colleagues are dealing with the changes in our approach to the practice. In addition, she discusses how clients are handling going through ADR in this crisis.

Barb Sheldon of Alerus Bank identifies the various federal and local loan and grant programs available to small business owners. She explains the purpose and availability of the various options: -The Economic Injury Disaster Loan (EIDL) from the Small Business Administration which were the SBA's first grants/loans offered to small businesses. The first round of funding has been exhausted. There has been a second round of funding, but the remaining funds are directed at agricultural businesses (for now). The guidelines are subject to change. -The Paycheck Protection Program (PPP) loans which were focused on helping businesses maintain their payroll. These loans are forgivable if you fall within certain parameters. -The SBA Express Bridge Loans which were to be fast turnaround loans of up to $25,000 while businesses were awaiting the EIDL funds. -SBA Debt Relief under which the SBA will automatically pay your interest and principal on SBA loans for up to six months. -The Main Street Lending Program which the Federal Reserve will unveil at the end of the month. This loan program is directed at small and medium-sized businesses. She discuss local programs as well. In St. Paul there are two loan programs—the Neighborhood Star Program and the Job Opportunity Fund. Minneapolis has the Two Percent Loan Program and the Great Streets Program. These are largely focused on capital improvements, working capital and job creation. In addition, the Minnesota Department of Employment and Economic Development (DEED) website has a lot of helpful information. Finally, she discusses the importance of having a relationship with your banker to get the services and resources your business needs. If you're interested in additional information on any of the programs discussed on the podcast, the contact information for Barb Sheldon is as follows: barbara.sheldon@alerus.com 651.288.2319

Attorney Taylor Kaspar of Taylor Kaspar Law, PLLC discusses the challenges and rewards of being a new attorney and a solo practitioner trying a build a practice in these challenging times. She discusses how welcoming the bar has been to her as a new attorney and how she has worked to get new clients, despite the lack of opportunity to engage in some traditional marketing activities.

Tom Tuft in addition to being a family attorney and media provider, previously served on the Second District Ethics Committee as a member or chair for over a decade. He reviews the ethics rules that are most relevant to practicing in a pandemic—this includes rules on competence, confidentiality, communication, diligence, safekeeping of client property including trust account funds, and the responsibility (and challenge) of supervising attorneys and staff while working remotely.

Suanne Grobe Ranheim of Grobe Consulting joins Tom discuss how she is performing Independent Vocational Evaluations while social distancing. She identifies the challenges imposed by the economic downturn. She offers tips to family law attorneys including having clients be proactive in beginning a job search, advancing their training, preparing a resume, and obtaining relevant medical records in preparation for an evaluation. In addition, she discusses the importance of building the client's confidence in her or his skills in conjunction a job search, especially for those who have been out of the labor market for a long time.

Dr. Kent Kodalen joins Tom to discuss the plusses and minuses of providing therapy to kids remotely. He explains how he has adjusted, for example, by doing two half-hour per week sessions for some cases rather than one one-hoursessiions. He points out the mixed-bag of responses to the social distancing he sees in the kids he sees. He sees a reduction in social anxiety in some kids as they face less social and academic pressure. Finally, he discusses how he addresses cases in which parents want to be overly involved in their child's therapy or do not understand the boundaries that are necessary for effective therapy. Also, Tom reviews Chief Justice Gildea's order of May 15, 2020 and its impact on family law practitioners. And Tom summarizes the information shared in the AFCC Community Chat on Friday where Judge Margaret A. Daly and Judge Mark Ireland, the presiding judges of the Family Court Divisions of the Fourth and Second Judicial Districts discussed the path their courts are on as they move towards recovery from limitation established by executive branch orders.

Psychologist Mindy Mitnick and Attorney and Major General Johanna Clyborne discuss the impact of parents' military service on their children. These children can face challenges dealing with their feelings around the dangerous and uncertain job of their military parent. Mindy and Johanna discuss the differences between children whose military parent is on active duty living near a base where all of the children have a deployed parent versus children of Reserve or National Guard servicemembers who may live in a community where relatively few other children have parents in the military. Johanna discusses some of the resources available to servicemembers and their children both within the military and outside.

Courtney Schneider, an attorney with the law firm of Huston & Schneider, PLLC, and Vice-President of the Family Law League discusses what the organization is doing to support family law professionals in light of COVID-19. She discusses their initial efforts in providing a forum for sharing of up-to-the-minute information on court developments and other important information via their Facebook page. Now, the Family Law League has rolled out a consult group program. She shares how well-received the idea has been and how the program is operating.

Law students Jennifer Allison of Mitchell-Hamline School of Law and Jackson Graham of the University of St. Thomas School of Law discuss their thoughts and concerns about law school, the bar exam and their future employment as lawyers. For example, there is tremendous uncertainty in that there is no guarantee that there will be bar exam. The pandemic has already affected the legal job market as employment offers are being withdrawn by law firms.

Dr. Kirsten Lysne of Moxie, Inc. joins Tom to discuss her thoughts on the incredible difficulties with which families are struggling now when they already faced daunting challenges before COVID-19. She identifies good (appropriate) gatekeeping, bad (maladaptive) gatekeeping and how family law professionals can think about gatekeeping in light of COVID-19.

Attorney Jack Dewalt of Dewalt, Chawla, & Saksena discusses the challenges of managing higher conflict cases when access to the courts and other resources is limited.

Lisa Kallemeyn of Kallemeyn & Kallemeyn, PLLC discusses how her firm and the courts in Anoka County are handling COVID-19. She explains the frustration of using Webex for hearings in Anoka County as others are moving to Zoom. She discusses how her firm has adapted to the pandemic, by having her staff work from home and reducing office hours. She discusses how she has adapted to using Zoom for ADR, including the use of breakout rooms and the unique value of using the mute button. Finally, she raises her concerns about using Zoom for trials in the near future.

Family law attorney Margaux Soeffker of Margaux C. Soeffker, LLC discusses work life balance. She identifies how she stays connected with friends, neighbors, and especially her family through things like movie nights and mother daughter spa days. She discusses her daily work schedule and the challenges of adjusting to juggling in a world with far less with less structure than what we are used to experiencing. She discusses the importance of checking in with one another more through social media, telephone and text. She addresses the importance of acknowledging the loneliness and other challenges clients are facing, for example, by reminding them about self-care.

Mitch Irwin of Bell Bank joins Tom to discuss mortgage challenges for parties going through divorce in light of COVID-19. He identifies difficulties the industry is facing in light of the low rates and high volumes of closings while shifting to working remotely. He discusses the challenges of borrowing for a new home where employment is uncertain. He identifies some unique approaches including seeking out co-signers, using retirement account distributions to satisfy Fannie Mae requirements, and seeking gifts or loans from family. He points out limitations in certain categories like jumbo loans and tightened requirements in FHA and VA. He identifies prospective concerns for lending based upon his experience in the Great Recession like raising credit score requirements or tightening loan to value expectations and thus increasing necessary down payments. Finally, he cautions people about pursuing loan forbearance offers unless absolutely necessary.

Attorney Nancy Berg of Nancy Zalusky Berg, LLC, shares her discussions with family law attorneys around the world. She identifies challenges to business valuations and home sales. She identifies challenges facing the Courts here and abroad as they try to catch up and adopt necessary technology after being starved for funds for many years. She identifies changes to interpersonal dynamics created due to holding ADR via video conference. She discusses challenges posed by the different legal ethical standards across around the world. Finally, she offers her take on those who self-identify as “recovering lawyers”.

Dr. Kirsten Lysne, parenting coach and mediator, with Moxie, Inc., joins Tom to discuss how she and other professionals in her firm are delivering services in this time of social distancing. In addition, she discusses how clients are handling the new approaches.

Tifanne Wolter an attorney at Henningson & Snoxell and Chair of the Family Law Section of the Minnesota State Bar Association joins Tom to discuss the gradual re-opening of the family court divisions across Minnesota. She has participated in meetings with both the judicial branch and the bar to gain some insight into path the courts and family law professionals are taking to ramp up activity. In addition, she addresses some possible legislative changes, for example, around child support and the paralegal practice pilot project, that may still be enacted.

The Honorable Krista K. Martin, Judge of District Court and Chair of the Other Side Workgroup discusses the plans of the Minnesota Courts to continue to operate through the pandemic.  She describes the Other Side Workgroup which is charged with developing plans and policy for approval by the Judicial Council.   She identifies what the Courts can continue to do in family law matters, including ICMCs via telephone or video conference; motions on written pleadings, by telephone, or video conference; pre-trials by video conference; and even trials by video conference. She discusses the possibility of using adjunct judicial officers, expanded court hours, and other means of relieving the anticipated backlog.  She explains the “Pandemic Dashboard” and “Pandemic Code.” She identifies the additional challenges in greater Minnesota to operate remotely where internet access and even telephone access can be a challenge for the parties.

Financial Advisor Laura Kunz joins Tom to discuss new federal benefits under the CARES Act, including enhanced unemployment benefits, the PPP loan program, and the new opportunity to withdraw from a retirement account and spread the tax payment over three years. She talks about the benefit of refinancing a home mortgage and taking advantage of lower rates on home equity lines of credit. Finally, she addresses how she is able to continue to work with clients with the need for social distancing.

Racheal Howitz of Our Family Wizard joins Tom to discuss how Our Family Wizard is being used in light of COVID-19. In addition, she identifies newer features including GPS verified check-ins and Moments, which is something akin to a private, family social media site allowing parents and children to share photos, videos and written accounts with one another. She describes how the child account options work. Finally, she reminds us of the core functions of Our Family Wizard, like the communication tool, the calendar with a time swap tool and explains the uptick in the use of document-sharing in the Info Bank.

Financial Expert Tom Harjes of Baker Tilly describes how he is able to continue providing services during the pandemic, including through the use of Zoom to present his reports to the parties and counsel. He identifies the challenges of valuing businesses using the traditional income approach. He discusses his observations of concerns over PPP loans. He addresses the problem of setting a valuation date in a volatile market.

The Honorable Jason T. Hutchison, Referee of the Fourth Judicial District (Hennepin County) Family Court Division joins Tom to discuss what he is doing for his cases to take them from inactive to resolution. He is now conducting hearings via bridge line and Zoom software. In fact, he is serving on the Zoom Pilot Project in the Fourth Judicial District. He contemplates what court will look like into the future as pandemic-related restrictions are lifted. He welcomes ideas and suggestions from the bar as to how to move a particular case forward and how best to share those ideas with him.

Family law attorney Lindsey O'Connell of Tuft, Lach, Jerabek & O'Connell, PLLC shares what she is hearing from family law colleagues who are working through these trying times, including challenges in business and real estate appraisals, concerns over the job market for young attorneys, how to be productive for work, and tips on how to stay connected with colleagues.

The Honorable Mark Ireland, Chief Judge of the Family and Juvenile Division in the Second Judicial District, join Tom to discuss the pandemic recovery decision-making process underway in Second Judicial District Family Division. He identifies the progress being made, including the advent of telephonic hearings now available to each judicial officer in the Family Division. He discusses how video may be used and the challenges for judicial officers in assessing witnesses testifying via video. Finally, he addresses how Family Division will move cases ahead while balancing competing needs for limited judicial resources with other court priorities. He acknowledges the uncertainty the bar and litigants are facing as the courts make these decisions.

Family Law Attorney Lisa Spencer, Managing Partner at Henson Efron, P.A. joins Tom to discuss what a larger firm does to adapt its practice to the pandemic. This includes ensuring that all employees are able to work from home. She identifies approaches to staying connected with colleagues and checking in to make see how they are doing. She discusses the importance of supporting all of the partners to maintaining the collegiality that will allow the firm to get through the pandemic and hit the ground running on the other side.