Fraudulent Transfers and Concealment of Assets in Divorce

Receivership, Sequestration, and Other Extraordinary Remedies in Enforcing Dissolution, Spousal and Child Support

Recording of a 90-minute CLE webinar with Q&A


Conducted on Wednesday, October 31, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will examine the tools available to family law counsel facing concealment or fraudulent transfer of marital assets during divorce litigation. The panel will arm practitioners with practical guidance for using some often-overlooked, but highly effective, remedies to preserve and/or reacquire assets for the fulfillment of dissolution and support payment obligations.

Description

One of the critical tasks in litigation is the identification and preservation of marital assets. Whether to divide the former spouses’ ownership interests in jointly held personal or business assets, or calculate the amount of spousal or child support obligations, determining the nature, value, location and accessibility of marital property is central to dissolution process.

Divorce litigators challenged with the prospect of an opposing party actively dissipating or absconding with marital assets have the option of seeking relief from the court in the form of a preliminary injunction or other restraints to prevent such losses. However, if granted, the order may lack the reach to marshal the assets to prevent their dissipation by the subject parties.

The appointment of a receiver, while usually only considered in business disputes, offers a formidable solution for divorce practitioners. Further, because the marital estate is subject to receivership after appointment, the receiver can implement previously unenforced orders, move the matter more efficiently toward settlement, or otherwise resolve the case. In some jurisdictions, family law judges have broad discretion to appoint a receiver. In other cases, the appointment of a discovery master may be helpful to identify and preserve the assets.

In some cases, however, it is discovered that fraudulent transfers already occurred, thereby raising the often difficult issue of how to recover the transferred assets or otherwise obtain reimbursement. This can necessitate such action as amending pleadings to join the party who received the fraudulent transfer as a party to the divorce litigation.

Listen as our distinguished panel discusses the benefits of this and other extraordinary remedies available to family law attorneys trying to preserve marital assets or enforce interim and final support orders in divorce proceedings.

READ MORE

Outline

  1. Available remedies for preserving marital assets
    1. Injunctive relief
    2. Receivership
    3. Sequestration
  2. Timing considerations
    1. Pre-discovery
    2. Discovery
    3. Pre-trial
    4. Post-judgment
  3. Case law

Benefits

The panel will review these and other key issues:

  • Critical distinctions between the appointment of receivers in divorce cases versus civil matters;
  • Interplay with other available remedies, such as appointment of discovery masters and motions to join parties to the litigation; and
  • Considerations prior to seeking extraordinary remedies.

Faculty

Kershman, John
John D. Kershman

Partner
Stange Law Firm

Mr. Kershman is a family law attorney, focusing his practice on divorce, child support and custody, and collaborative...  |  Read More

Morgan, Cimmerian
Cimmerian A. Morgan

Partner
Einhorn Harris Ascher Barbarito & Frost

Mr. Morgan has successfully litigated matrimonial cases with vast ranges of complexity for over 12 years and was...  |  Read More

Morrison, Wayne
Wayne Morrison

Of Counsel
Kessler & Solomiany

Mr. Morrison is experienced in handling complex divorce cases, child custody matters, support and alimony claims,...  |  Read More

Other Formats
— Anytime, Anywhere

Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

CLE On-Demand Video

$197

Download

$197