Tag: Child Support

Part. 1: Common Acronyms In A Family Law Case

Throughout the course of your Minnesota family law proceeding, you are likely to hear quite a few acronyms used by your family law attorney and by the Court.   Below is a key for some of these acronyms:

ICMC:  Initial Case Management Conference.  This is the first acronym you are likely to hear because it’s often the first step after the case has been filed with the court.  An ICMC is a chance to meet the judicial officer assigned to your case and discuss resources that might be available to you for resolving your case without proceeding to litigation.  There are no arguments made or decisions issued at an ICMC.  Depending on the judge, he or she may not even wear a robe or sit on the bench.  There’s no court reporter taking anything down, unless you have agreements which you would like to formalize on the record.

ENE:  Early Neutral Evaluation.  This is one of the resources available mentioned above that will be discussed at your ICMC.  It’s “early” because it’s often right after the ICMC so before the case has really headed too far down the litigation track.  It’s “neutral” because it involves someone who doesn’t know anything about your family.  It’s an “evaluation” because, unlike a traditional mediation, the neutral(s) involved will give you an opinion about what they think after hearing some facts from you and the other party about your case.

FENE:  Financial Early Neutral Evaluation.  Typically only in Minnesota divorce cases, an ENE as described above which involves financial issues such as division of assets and liabilities and cash flow issues like spousal maintenance and child support.  An FENE just involves one neutral, usually an attorney or an accountant.  After providing the evaluator with information regarding your assets, liabilities, income, and expenses, the evaluator will then explain to you, based on their family court experience, what they think a likely outcome is for your case and see if they can help you and your spouse reach an agreement on the financial issues in your case.

SENE/CPENE:  Social Early Neutral Evaluation/Custody and Parenting Time Early Neutral Evaluation.  An SENE as described above which involves issues related to the children, included legal custody, physical custody, and parenting time schedules.  In order to ensure no gender bias, this process involves two neutrals, one male and one female, typically family law attorneys, social workers, or psychologists.  You will have the opportunity to tell the evaluators about the history of your relationship with the other parent, your relationship with your children, what you are asking for as an outcome in your case, and any concerns you have about the other parent.  You will also have the opportunity to hear the other parent tell the evaluators the same information from their perspective.  After hearing about the issues from both parties, the evaluators will confer and then give you recommendations on their opinion(s) as to likely outcomes in your case.  After hearing their recommendations, they will help you and the other parent try to reach an agreement which is in your children’s best interests.

As always, if you have questions about any of the above acronyms, please call us to set up your consultation.

Make sure to check back for Part. 2 of Common Acronyms In A Family Law Case

What to Expect In A Social Early Neutral Evaluation (SENE)

Social Early Neutral Evaluation SENE or Custody and Parenting Time Evaluation CPENE (the name varies depending on which county you are participating in) is a form of evaluative alternative dispute resolution where you are given a neutral opinion of the strengths and weaknesses of your case.  SENE/CPENE is available in many counties throughout Minnesota.  The process is usually commenced at the beginning of a divorce or custody case.  The intent is to get parties talking about settlement of their case at the beginning of the process before people get entrenched in their positions.  However, SENE/CPENE can be effective at reaching a resolution at any point during the case.

The parties participate in the process with their attorneys present.  Two evaluators, a male and female are selected or assigned (depending on which county you are participating in) to the case.  You should plan to spend at least three hours at the SENE/CPENE.  The process begins with the evaluators explaining the confidentiality requirements and the way that the evaluation will be conducted.  The person who is the Petitioner in the court action will begin by telling the evaluators what they are seeking for custody and parenting time and why they believe their proposal is in the best interests of the children.  The evaluators and the Petitioner’s attorney may ask the Petitioner questions through out their presentation, but the Respondent’s attorney is not permitted to ask any questions of the Petitioner.  Following the Petitioner’s presentation, the Respondent is asked to tell the evaluator what they are seeking for custody and parenting time.  The challenge for the Respondent is to not be tempted to simply respond to the Petitioner’s presentation.  Again, the Respondent’s attorney and the evaluators will be allowed to ask the Respondent questions.  Next the evaluators allow each side one turn at rebuttal.

After all presentations are made to the evaluators, they will leave the room and discuss their impressions of the case.  This usually takes 15 to 20 minutes.  The evaluators then reconvene the session and give you feedback regarding what they think the likely outcome of the case will be.  At this point you can ask the evaluators questions about their recommendations and get any necessary clarification.

Following the receipt of the recommendations, you will then have the opportunity to discuss with your attorney privately your thoughts about what has been recommended.  You have three options at this point.  You can agree with the recommendations.  You can agree with some of the recommendations and propose changes to some portions.  Finally, you can disagree completely and walk away from the discussions.

After you have spoken with your attorney you again reconvene with the group and discuss each parties position regarding the recommendations.  At this point, usually you begin negotiating the terms of the settlement agreement.  Sometimes there will be a full agreement on all issues.  Other times, there may simply be a temporary agreement or a partial agreement.

Having a skilled attorney represent you through the SENE/CPENE process is crucial.  Our attorneys have represented numerous clients throughout the SENE/CPENE process.  They know how the process works and how to effectively prepare you and represent you through the process.  Call our office for a family law consultation today.

News on Spousal Maintenance and Child Support Arrears

A recent article in the Bench and Bar reminds Minnesota family law attorneys that there are several ways to collect child support and spousal maintenance awards.  The article suggests that we not overlook something called a Qualified Domestic Relations Order (QDRO).  This is an order that divides a party’s retirement benefits.  In other words, if you are a parent that is owed substantial arrears because your ex-spouse or ex-partner is not paying court ordered support, your family law attorney can move the court for a QDRO which will take an immediate lump sum from a retirement account, rather than waiting for many years for the arrears to be repaid by automatic income withholding.

This method of arrears collection avoids the lengthy process of contempt where there are usually at least three costly hearings before the party owing the arrears feels any consequences.  It also avoids the trap of license suspension.  One quick solution that the county often takes when trying to collect arrears is to cancel the driver’s or professional license of the party that is not paying.  The difficulty with this is that it often impedes or prevents that person from working, which just compounds the problem of nonpayment.

If you are owed significant arrears from a court ordered child support or spousal maintenance award and your ex-spouse or ex-partner has a retirement account, ask your family law attorney about using a QDRO to collect what is owed to you.