The Family Law Section
Friday, October 20, 2023
In-Person Only
Japanese Cultural Center of Hawaiʻi, 2454 South Beretania Street, Honolulu, HI, 96826


All Day: 8:45 a.m. – 4:15 p.m.
Opening Remarks with Judge Matthew Viola: 8:45 A.M. – 9:00 A.M.

SBP and TSP:  The Survivor Benefit Plan and the Thrift Savings Plan
"You Can’t Do That!” — Limits, Prohibitions and Work-Arounds in Military Pension Division
Presentation of the 2023 Supplement to the Hawaii Divorce Manual
Military Custody Issues
Military Child Support
Military Disability Retired Pay and Family Law

6 CLE Credits
*Must attend all sessions to receive 6 CLE Credits.

Registration is Closed!


Divorce Manual Supplement: The 2023 Supplement to the Divorce Manual, 9th edition is available for purchase right now with your Family Law Seminar registration. The discounted Bar Convention price is only $50 for this valuable resource! 

*Schedule subject to change. Program adjustments may be made

 


Speaker



William C. "Bill" Darrah, Mediation Center of the Pacific
Session: Presentation of the 2023 Supplement to the Hawaii Divorce Manual

William C. "Bill" Darrah is a three-time former chair of the HSBA Family Law Section, the co-editor of the Hawaii Divorce Manual, a fellow in the American Academy of Matrimonial Lawyers, and the first Best Lawyers in America Hawaii Family Lawyer of the Year. After 43 years as a matrimonial practitioner, he retired in 2019. He now mediates with the Mediation Center of the Pacific and sits on the MCP board. He and Tracey Wiltgen, MCP’s executive director, present Divorce Law in Hawaii, the Judiciary's monthly public education program begun in 2002.

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Speaker


Roxanne Kwong, Law Offices of John W. Schmidtke, Jr
Session: Presentation of the 2023 Supplement to the Hawaii Divorce Manual

Roxanne Kwong is an attorney with the Law Offices of John W. Schmidtke, Jr. Her practice focuses on financially complex matrimonial cases. She has been the co-author of Section 2 of the Hawaii Divorce Manual since 2013, and the co-editor of the Hawaii Divorce Manual since 2014. She is a 2014 graduate of the William S. Richardson School of Law.

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Speaker


Mark E. Sullivan, Principal, Sullivan and Hilscher Family Law in Raleigh, North Carolina
Sessions: SBP and TSP: The Survivor Benefit Plan and the Thrift Savings Plan"You Can’t Do That!” — Limits, Prohibitions and Work-Arounds in Military Pension DivisionMilitary Custody IssuesMilitary Child SupportMilitary Disability Retired Pay and Family Law

Mark E. Sullivan is the principal of Sullivan and Hilscher Family Law in Raleigh, North Carolina. A retired Army Reserve JAG colonel and a Board-Certified Specialist in Family Law, Mr. Sullivan is a fellow of the American Academy of Matrimonial Lawyers and author of The Military Divorce Handbook (Am. Bar Assn., 3rd Ed. 2019). He was co-founder of the military committee of the North Carolina State Bar in 1981 and is past chair of the Military Committee of the ABA Family Law Section. He received the ABA’s Grassroots Advocacy Award in 2014 for his work on military custody statutes and the Uniform Deployed Parents Custody and Visitation Act. He assists attorneys nationwide in drafting military pension division orders and consulting on military divorce issues.

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SBP and TSP: The Survivor Benefit Plan and the Thrift Savings Plan

Course Description

What is the Survivor Benefit Plan? How much does it cost, how are premiums paid, and what are the benefits? Is there anything which would disqualify the spouse from coverage? Is it automatic, or do you have to request coverage? Can the servicemember effectively oppose the award of SBP and, if so, how is this done? How can the spouse ensure that the Survivor Benefit Plan (SBP)  is not omitted? If it is lost, can Servicemembers Group Life Insurance replace it? If SBP is ordered, can the court require the spouse who receives it to pay for it?

Speaker:
Mark E. Sullivan, Principal, Sullivan and Hilscher Family Law in Raleigh, North Carolina

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"You Can’t Do That!” — Limits, Prohibitions and Work-Arounds in Military Pension Division

Course Description

There are numerous restrictions on pension division and SBP, many of which are hidden deep in the regulations and are absurd or illogical.  This program explains how to identify roadblocks in the statutes, regulations and cases with regard to the election of Survivor Benefit Plan coverage for the ex-spouse, the four methods for dividing the military pension, the inclusion of COLAs (cost-of-living adjustments) in the divided pension, the use of alimony as a substitute for pension division, the rejection of the pension division order by the retired pay center, and where to go when all the deadlines have expired. It also covers how to use two alternate calculations of the community property share in Guard/Reserve cases, getting DFAS to tell you what a retiree’s pay is, and how to get back payments from the retired pay center for arrears due to the spouse.

Speaker:
Mark E. SullivanPrincipal, Sullivan and Hilscher Family Law in Raleigh, North Carolina

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Presentation of the 2023 Supplement to the Hawaii Divorce Manual

Course Description

Over forty-eight (48) years ago a small group of judges, lawyers, and other family law professionals got together and created the very first edition of the Hawaii Divorce Manual. 

They hoped that the Manual would serve as "a prototype for the development of an entire set of attorney practice books in all major substantive areas", and as a "resource for standardized [divorce] forms", that the use of the Manual would result "in the upgrading of the quality of family law practice", and that by "increasing the efficiency of divorce practice [the Manual would create] cost savings that can be shared between the attorney and client." 

With these same exact goals in mind, the Manual has now been updated thirty-two (32) times since it was first published in 1975. 

The Judiciary website describes the Manual as a valuable resource for divorcing individuals, and those helping them. The Judiciary distributes copies of it to all of the Family Court judges. Appellate determinations cite it as authoritative. Only in the Manual can you find digests of all of the memorandum opinions and SDOs which since July 2008 have constituted the vast majority of all of the divorce-relevant determinations by the ICA, and the Supreme Court. 

For these reasons, the Manual is the undisputed go to resource when it comes to understanding the law and process of divorce in Hawaii. 

In 2021 we created The Manual Project, a collaboration of stakeholders including the HSBA, the FLS, the Richardson Law School, the Family Court, and the Mediation Center of the Pacific, dedicated to the continued success of the Manual. Together we have now created both the 2022 supplement, and the 2023 supplement, to the Manual. 

The 2022 supplement to the Manual revises eighteen (18) of the twenty-five (25) Sections of the Manual. It completely updates Section 2 (Divorce Overview), the word searchable encyclopedia of divorce law and practice so that it now includes all of the cases and statutes through August 31, 2022. Because of its scope, the 2023 Manual supplement largely serves as a replacement for the 2015 9th edition of the Manual, with its 2016-2019 supplements.

The 2023 supplement to the Manual will be presented during the Family Law Section program at the HSBA bar convention on Friday October 20, 2023. Among other things, the 2023 supplement to the Manual will include:

  • Digests of all of the divorce-relevant published opinions, memorandum opinions, SDOs, and otherwise citable orders and dispositions, decided by the ICA, and the Supreme Court, between August 1, 2022 and August 31, 2023.   
  • Digests of all of the divorce-relevant statutes enacted by the 2023 Hawaii legislature.  
  • An update of Section 3 (Custody) of the Manual including all of the cases and statutes pertaining to the determination of legal and physical custody of minor children incident to divorce decided/enacted since 2015. 
  • An update of Section 4 (Property Division) of the Manual including all of the published opinions and statutes pertaining to divorce property division decided/enacted since 2015. 
  • An update of Section 8 (Child Support) of the Manual including all of the cases and statutes pertaining to the determination of child support, child healthcare, and child education expenses for minor and dependent adult children incident to divorce decided/enacted since 2015.
  • An update to Section 9 (Spousal Support) of the Manual including all of the cases and statutes pertaining to the determination of alimony incident to divorce decided/enacted since 2015.
  • A copy of all of the HFCR 83 First Circuit Family Court divorce-related policy and procedure memoranda issued since the Manual was last updated.
  • A copy of all of the HFCR 84 First Circuit Family Court-authorized divorce practice forms which are not on the Judiciary website.
Speakers:
Bill Darrah, Mediation Center of the Pacific & Roxanne Kwong, Law Offices of John W. Schmidtke, Jr
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Military Custody Issues

Course Description

With the mobility of today’s military family and the high rate of divorce, custody and visitation in the context of a servicemember or a spouse can be complex, fast-paced and confusing. This presentation brings together visitation clauses for the military family, types of custody (and how they fit in the military lifestyle), the wishes of the child, mediation, priority trial settings (to speed up the process), and the Servicemembers Civil Relief Act (to stay the proceedings). Also covered is the Uniform Deployed Parent Custody and Visitation Act, dealing with issues such as expedited hearings, electronic testimony, retention of custody jurisdiction in the event of a deployment, and delegated visitation right to a close family member of the visiting parent who is deployed.

Speaker:
Mark E. SullivanPrincipal, Sullivan and Hilscher Family Law in Raleigh, North Carolina

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Military Child Support

Course Description

This presentation covers how to get child support flowing without filing suit, what elements of military compensation should be included in support calculations, how to read a Leave and Earnings Statement (LES), what pay is included in garnishment and income-withholding orders, what military medical care includes, and how to enforce child support.

Speaker:
Mark E. SullivanPrincipal, Sullivan and Hilscher Family Law in Raleigh, North Carolina

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Military Disability Retired Pay and Family Law

Course Description

When a servicemember is found to be unfit for service, he or she is “mustered out” with an involuntary discharge and, in some cases, retired pay from the service.  Is this retired pay divisible?  What are the ways that can be used to calculate disability retired pay? Can it be garnished for family support?  If so, what are the procedures to obtain a withholding order? Can a former spouse obtain SBP (Survivor Benefit Plan) coverage, even if the disability retired pay cannot be divided?

Speaker:
Mark E. SullivanPrincipal, Sullivan and Hilscher Family Law in Raleigh, North Carolina

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