Understand how social security or disability income is factored into a divorce case.
All family law practitioners will at one time address Social Security benefits (retirement, disability, death) in a divorce or post-judgment petition. The need to understand how these benefits may be obtained, and how they affect property division, alimony, and child support is paramount, especially as gray divorces become more prevalent.
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Agenda
Overview: What Are Social Security Benefits and Who May Obtain Them?
The Non-Divisibility of Social Security Benefits as Property in Divorce - Flemming v. Nestor, 363 U.S. 603, 80 S. Ct. 1367 (1960)
Consideration of Receipt of Social Security Benefits as a Factor in Dividing Other Marital Assets, Majority and Minority Rules - Howell v. Howell, 137 S. Ct. 1400 (2017)
Social Security Benefits as Income Factor in Dividing Other Marital Assets
Collecting Social Security Benefits for Divorced Spouses on Ex-Spouse's Record - 20 CFR § 404.331 (Derivative Benefits): Who Is Entitled to Wife's or Husband's Benefits as a Divorced Spouse
Social Security Benefits as Income for Alimony, Both Drawn and Not yet Drawn - Holder v. Lopez, 274 So.3d 518 (Fla. 1st DCA 2019)
Modification of Alimony Due to Retirement and Receipt of Social Security Benefits
Social Security Benefits as Income for Child Support
- Received by Parent on Own Account
- Received by Child on Child's Own Account
- Received by Child on Account of Custodial Parent
- Received by Child on Account of Non-Custodial Parent; Figuring the Credits
Garnishment of Social Security Benefits - 42 U.S.C. § 659
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on March 25, 2020.
Call 1-866-352-9540 for further credit information.
- AK CLE 1.5
- Alaska attorneys may receive 1.5 hours of continuing legal education for completing this program. Please contact the Alaska Bar Association or go to www.alaskabar.org for details regarding reciprocity with other states.
- AL CLE 1.5
- This course or a portion thereof has been approved by the Alabama State Mandatory Continuing Legal Education Commission for a maximum of 1.5 hours credit.
- Arizona CLE 1.5
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.5 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.5
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.5 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- IL CLE 1.25
- This course was approved for a total of 1.25 hours of MCLE Credit by the Illinois MCLE Board.
- MO CLE 1.8
- This course qualifies for self-study CLE credit in Missouri.
- NM CLE 1.5
- This program has been approved by the New Mexico Minimum Continuing Legal Education Board for 1.5 hours of credit.
- NY CLE 1.5 including Areas of Professional Practice 1.5
- This course has been approved in accordance with the requirements of the New York Continuing Legal Education Board for up to a maximum of 1.5 credit hours in the area(s) of Areas of Professional Practice for 1.50 hours. Each hour may be counted only as satisfying one category of credit. Duplicate credit for the same hour of instruction is not permitted. This course qualifies for both established and newly admitted attorneys. Lorman Education- Noggin Guru, Inc. has a financial hardship guideline. Please contact customer service at 1.866.352.9539 for instructions on how to apply.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- RI CLE 1.5
- This program has been approved by the Rhode Island Mandatory Continuing Legal Education Commission for 1.5 hours of CLE credit.
- VT CLE 1.5
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.5 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WA CLE 1.5
- This program has been approved by the Washington State Board of Continuing Legal Education for 1.5 hours of A/V credit under the Law & Legal Procedure category.
- NALA 1.43
- This program is applicable for continuing legal assistant education credit. Please check with your accrediting board to see if this course will qualify towards your recertification requirements.
Program Length: 1.43 hour(s).
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 37 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
Laura Morgan
Family Law Consulting
- Owner-operator, Family Law Consulting; more than 25 years of experience as a full-time research attorney
- Author, Child Support Guidelines: Interpretation and Application (2d ed.), the leading nationwide treatise on child support guidelines
- Co-author, with Brett Turner, Attacking and Defending Marital Agreements (ABA Family Law Section 2d ed. 2012)
- Former executive editor, Divorce Litigation, monthly law journal covering all of family law
- Member, Board of Editors of Journal of the American Academy of Matrimonial Lawyers
- Written numerous law review articles and has presented more than 100 CLEs across the country
- Currently the ABA Advisor to the ULC drafting committee for The Economic Rights of Unmarried Partners
- Can be contacted at [email protected]
Brett Turner
National Legal Research Group, Inc.
- Senior attorney, Family Law, National Legal Research Group; more than 30 years of experience as a full-time research attorney
- Primary areas of expertise include equitable distribution, definition of marital property, definition of separate property, valuation of marital property, division of marital property, classification and division of retirement benefits, classification and valuation of professional practices, validity of marital agreements, construction of marital agreements, amount of alimony, duration of alimony, definition of income for child support, child support, child custody jurisdiction, child custody on the merits, and admissibility of e-mails and other material taken off computers
- Author, Equitable Distribution of Property (West Group 3d ed. 2005 & Suppl. 2017), three volume treatise on the law of equitable distribution
- Co-author, with Laura Morgan, Attacking and Defending Marital Agreements (ABA Family Law Section 2d ed. 2012)
- Former editor, Divorce Litigation, monthly law journal covering all of family law
- Has been a speaker at numerous CLEs
- J.D. degree, University of North Carolina Law School; B.A. degree, The Johns Hopkins University
- Can be contacted at [email protected]
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