MSBA Family Law Section Meeting Minutes October 13, 2007 Approved 11/10/07 The meeting was brought to order at 9:35 a.m. 1. Welcome and Introductions - Members present: Ellen Abbott, Ryan D. Anderson, Beth Barbosa, Jeannie Blatz, Margaux Coady, Michael Dittberner, Jaime Driggs, Margaret Erickson, Ron Frauenshuh, Loretta Frederick, Rana Fuller, Mike Heese, Robert Himle, Jennifer Homer, Judth H. Johnson, Mary Louise Klas, Bruce Kennedy, Sonja Larson, Bill Mullin, Kathleen Murphy, Glen Norton, Heidi Rivkin, Barb Runchey, Steve Snyder, Peter M. Taylor, Letty VanErt, Diana Villela, Gary Voegele, Linda Wold. Approval of September 8, 2007 minutes - Motion to approve, Seconded, Passed. Chair’s Report – Cheryl Prince a. The November 10 Section CLE will be the mentor/mentee dialogues. Family law practitioners with 10+ years of experience will be available for one-on-one conversations with newer practitioners. To sign up, contact Kayla Jurrens at the MSBA. Family Law Institute: 3/31- 4/1/08, River Center, St. Paul. An interesting program is taking shape. Keynote speakers: Constance Ahrons, author of The Good Divorce, re: the effect of divorce on children. Donna Beegle, author of See Poverty, Be the Difference, re: her inspiring story and work on ending poverty.
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Treasurer’s Report – Ryan Anderson – no report.
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Committee Reports a. Legislative – Glen Norton The Legislative Committee met 10/11/07, and addressed a lengthy agenda. i. Proposed tax on legal services. The Committee recommended that the Section oppose this tax as an excessive burden on parties, firms, and practitioners. Also, the unfairness of singling out individuals with family law matters by imposing a tax is poor public policy.
MOTION to oppose the tax on legal services and request that the Bar Association advocate against this tax at the Minnesota legislature. SECOND MOTION PASSED ii. Hennepin County Judicial Committee to explore deleting the custody label in MN Statutes: This Committee has been disbanded, and will be replaced by a Blue Ribbon Panel. Joint Physical Custody: Anticipating that legislation may be introduced at the 2008 Session to add a presumption in favor of joint physical custody, the Section re-affirmed it’s firm/consistent opposition. No further Section action required at the 10/13/07 meeting. Child Support Calculations Legislative Sub -Committee: Glen Norton and Kathleen Murphy. Legislative Proposal X07 was presented. This proposal includes one substantive change to the prior proposal that was approved by the Section 12/6/06. The substantive change was to add language to MN. Stat. 518A.34, Subdivision 1, [Deviations], as suggested by Sen. Neuville. MOTION to approve Proposal X07 and support a change in the law such that if the self support reserve provision applies and the result is that the obligee and joint children fall below 120% of the Federal Poverty Guidelines, then the child support obligation should only be reduced to the point at which the household income of the obligee with the joint children and the household income of the obligor are equally below 120% of the Federal Poverty Guidelines, and also to request that the Bar Association advocate for this proposal at the Minnesota legislature. SECOND MOTION PASSED v. Spousal Maintenance Calculation: Glen Norton and Michael Dittberner. Proposal to support a change in the law, so that spousal maintenance is calculated after child support is determined in the same case. The proposed change will reduce the circular calculations presently required, simplify the process, and reduce attorney fees. MOTION to support a change in the law so that spousal maintenance is calculated after child support is determined in
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the same case, and request that the Bar Association advocate for this proposal at the Minnesota legislature. SECOND MOTION PASSED vi. Ovum Donors/Assisted Reproduction Legislative Proposal: Glen Norton and Steve Snyder. Proposal to change MN. Stat. 257.56 so that ovum donors and sperm donors are treated equally in assisted reproduction cases, as previously approved by the Section, and as a substantive change proposed on 10/13/07, to also add embryo donors for equal treatment in these cases. MOTION to substitute the revised proposal for the previously approved proposal, and to request that the Section ask the Bar Association to advocate for the revised proposal at the Minnesota legislature. SECOND MOTION PASSED vii. Gestational Carriers Proposal: Glen Norton and Steve Snyder. Proposal to create a law (Gestational Carriers Act) that establishes consistent standards and safeguards that protect parties involved in a surrogacy contract and confirm the legal status of children born as a result of these contracts. MOTION to support this proposal and request that the Bar Association advocate for it at the Minnesota legislature. SECOND MOTION PASSED
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Domestic Abuse – Loretta Frederick Anticipating legislative proposals this session to support a presumption in favor of joint physical custody, the Committee is developing talking points re: the impact of joint physical custody when there is domestic abuse.
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Strategic Planning – Ellen Abbott The Committee met 10/13/07. Meetings are open to Section members. Members are encouraged to join the Committee. Contact Ellen Abbott.
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Publications – Linda Wold
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9 articles will be published in the 11/07 Family Law Forum on Domestic Violence. Two additional Family Law Forum issues will be published: 2/08 (topic - Solo-Small Office Practitioners) 5/08 (topic – Pro Bono Family Law Services) MOTION to adjourn SECOND MOTION PASSED - unanimous 6. Meeting adjourned at 10:29 a.m. Next meeting is Saturday, November 10, 2007.
Respectfully submitted, Kathleen M. Murphy
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