1. What’s the difference between an order for protection and a harassment restraining order?
2. What is a domestic abuse no contact order?
3. How does an allegation of domestic abuse affect custody and parenting-time issues in my case?
4. Do domestic violence victims have to mediate divorce cases with their abusers?
5. What affect does an order for protection, a harassment restraining order, or a domestic abuse no contact order have on the respondent’s right to possess firearms?
6. Can custody, parenting time, and paternity determinations be made in an order for protection? How does an OFP interplay with the divorce, custody, or paternity case?
7. What is the impact of an entry of an order for protection or harassment restraining order without findings?
8. Do I have a right to a trial/evidentiary hearing in an order for protection proceeding?
9. Can I file an order for protection or harassment restraining order petition on behalf of my minor child?

Chapter 3: ADR

1. Can the court require use of a particular ADR process in a given case?
2. When does a family law agreement reached in a facilitative ADR session become binding?
3. Is it permissible for the party or an attorney of a party to disclose to the court an oral agreement reached in a facilitative process or other confidential information?
4. What are the obligations of an attorney working with a pro se party within an ADR process?
5. Are ADR neutrals protected from liability for their “mistakes”?
6. Do any Rule 114 or other decision-making processes used in family law result in decisions which are final and not subject to subsequent challenge?
7. Does the court have the authority to appoint a parenting consultant over the objection of a party?
8. How much preparation should an attorney do to prepare for an early neutral evaluation or mediation?

Chapter 4: Child Support

1. How is child support calculated?
2. Is there a cap on the amount of child support calculated?
3. How does the court consider extracurricular expenses, tuition payments at private schools, and the like?
4. How is child support set in split-custody situations?
5. When are deviations appropriate and how are they determined?
6. How is child support modified?
7. What happens if an obligor is disabled and receives Social Security benefits?
8. What are the administrative remedies for the enforcement of child support?
9. What is contempt of court for non-payment of child support?
10. How do you enforce child support for cases where the parents reside in different states?

Chapter 5: Agreements between married and unmarried couples

Chapter 6: Spousal Maintenance

1. What do I have to prove to get spousal maintenance for my client?
2. How long does spousal maintenance typically last?
3. How is the amount of spousal maintenance determined?
4. What is a “Karon” waiver?
5. Are there any spousal maintenance guidelines?
6. What if my client is receiving spousal maintenance and the payor quits his or her job?
7. What if the payor of spousal maintenance retires?
8. What happens if the recipient of spousal maintenance wins the lottery or inherits a lot of money?
9. Does a recipient of spousal maintenance have an obligation to work or try to increase his or her income?
10. If the recipient lives with someone but does not get married, does the paying spouse still have to pay spousal
maintenance?

Chapter 7: Property

1. When is an equitable division of property not equal?
2. When is income divided as property?
3. The double-dip: When can income be inappropriately characterized as property?
4. How is personal goodwill treated in a business valuation?
5. What tracing is necessary in order to prove a nonmarital claim?
6. How does marital effort impact the treatment of increases in value of nonmarital property?
7. What is the difference between dissipation and depletion of property?

Chapter 8: Taxes

1. How are dependency exemptions and child tax credits divided between divorced or unmarried individuals?
2. Which parent is entitled to head of household filing status and can it be changed by court order?
3. Can a family court require married parties to file a joint return, and what are the consequences of filing a joint return?
4. When are spousal maintenance payments deductible to the payor and taxable to the recipient?
5. How do the taxing authorities distinguish between spousal maintenance and child support payments?
6. What possible tax consequences are associated with property division in divorce?
7. What are the tax implications of the Affordable Care Act (ACA) and how are dependency exemptions and other tax issues affected by the ACA?

Chapter 9: Retirement Accounts

1. Is a qualified domestic relations order (QDRO) required to divide an individual retirement account (IRA) in a divorce?
2. If a former spouse takes a distribution of an IRA award before their age 59½, is the amount subject to the 10-percent excise tax?
3. Can a QDRO be entered before a decree is entered?
4. Can a QDRO be entered after the death of the plan participant?
5. Can the award of a portion of a public employee retirement benefit (PERA) benefit to a former spouse be subject to increases for earnings?
6. Can a PERA survivor benefit election be changed in a divorce that occurs after the participant’s retirement?
7. Can a non-qualified deferred compensation plan benefit be divided by a QDRO?

Chapter 10: Child Custody & Parenting Time

1. What is the difference between legal and physical custody? Is one more important than the other?
2. How do custody labels affect child support?
3. What are the best interest factors and how are they used to decide custody and parenting time?
4. What is a parenting plan and how is it different from custody and parenting-time provisions in a divorce or paternity decree? How does it work if parties decide to forego custody labels, except for interstate enforcement purposes as provided in the parenting plan statute?
5. Does joint physical custody assume equal amounts of parenting time with each parent? What is joint physical custody and why do so many parents pursue it? Does it affect child support? Ability to relocate? Where the children attend school?
6. At what age and under what circumstances does the child get to decide when they see the other parent? How does a child’s preference get conveyed to a judicial officer?
7. How does domestic violence affect custody and parenting-time determinations?
8. Is it easier to move within the state than out of state? What standard is applied to each situation and how difficult is it to relocate? Is it better to bring this issue up at the start of the court proceeding or through a modification proceeding after the decree has been entered?
9. What do I do if my child refuses to spend time with the other parent? Is this impacted by the age of the child? Can I get custody if the other parent is interfering with my parenting time?
10. How will it affect custody if I am the parent who moves out of the house when we separate? Can I take the children with me when I move out and before the court gets involved? Can I move out of the house and not risk custody of the children?

Chapter 11: Paternity

1. Who are the required or permissive parties in a paternity action?
2. What are the required elements of a paternity adjudication?
3. Do certain paternity presumptions outweigh others?
4. Are genetic tests required before a paternity adjudication?
5. What are the differences between an adjudication based on a recognition of parentage and a court ordered paternity adjudication? Do you need, and can you get, a parentage adjudication order if the parents sign a ROP?
6. Are there any statutes of limitations relating to paternity cases?
7. Is there a way to “disestablish” paternity?
8. What are the differences between commencing a paternity action in the expedited process versus in district court?
9. Why are paternity cases still confidential? How will this be impacted by e-filing?
10. What if a paternity issue is raised during a dissolution proceeding?
ATTACHMENT A – Paternity Adjudication by Court Action Versus a Recognition of Parentage

Chapter 12: Unmarried and Same Sex Couples

Chapter 13: Interstate and International Issues

1. What is the process for commencing a family court action against someone who lives out of state or out of the country?
2. What is the interplay between subject matter and personal jurisdiction in interstate and international family law cases?
3. What are strategies to address jurisdictional conflicts in interstate and international divorce or child custody cases?
4. What is the legal standard for determining out-of-state or out-of-the-country parenting time/travel with children?
5. In cases of a parental child abduction, when should enforcement remedies under the Uniform Child Custody Jurisdiction and Enforcement Act be used versus bringing an action under the Hague Convention on the Civil Aspects of International Child Abduction?
6. What is the process to have an international divorce decree recognized and enforced in Minnesota?