News

PMK Partner Maxwell K. Kopper spoke with Jane Sugimura on ThinkTech Hawaii’s Condo Insider on October 30, 2020 about condo living during the pandemic. Kopper discussed how Covid-19 restrictions affect condo living including the restricting of amenities, employee HIPA concerns and setting PPE and distancing rules for common areas.

Porter McGuire Kiakona, LLP is pleased to announce that Partner R. Laree McGuire has recently been appointed to the Legislative Action Committee for the Hawaii Branch of Community Associations Institute (CAI) for a second term.  As a member, McGuire will draft legislative testimony, attend legislative hearings on various bills related to community and condominium associations and assist in drafting potential legislation.

McGuire has more than 20 years of expertise in condominium and community association law and co-founded Porter McGuire Kiakona, LLP.  The firm has been in existence since 1981.

In the course of a divorce or paternity case, each parent’s responsibilities and right to time with the children can become very complicated. In order to better understand the circumstances of a family, a judge may decide to order a custody evaluation through the assistance of a third-party expert to determine what custody arrangement is in the best interest of the children.

Through the custody evaluation process, this expert evaluates the circumstances for the child or children involved and recommend a custody and timesharing arrangement. This process can address a variety of issues as well, such as a request by one parent to relocate the children away from Hawaii; the impact of domestic violence; alcohol or drug use or abuse; or one parent’s actions to deny access or alienate the other parent from the children.

• There are two types of third-party experts, child custody evaluators and fact finders:
• The state of Hawaii has a list of Family Court-approved licensed, trained custody evaluators, most of whom are psychologists or psychiatrists. To qualify for the list, they usually have a higher level of formal education and training than fact finders.

A fact finder is also a trained professional, such as a social worker or attorney, with extensive experience in handling child-related custody disputes.

In order to have a fact finder appointed to perform a custody evaluation, the individual must be agreed upon by both parties and approved by a judge. However, a judge can appoint a custody evaluator without the agreement of one or both parties. Fact finders are usually less expensive and have more schedule availability than custody evaluators, but this varies with the individual experts.

Which to choose depends on how difficult the custody case is. More complicated cases are more likely to require a licensed child custody evaluator. At any time prior to a trial, either party can request a fact finder or a custody evaluator, but the judge has the final authority to determine if one is appropriate.

The entire custody evaluation process usually takes at least six to eight weeks. Once the judge orders a custody evaluation, the third-party expert will begin the evaluation. Their tasks may include: reviewing relevant documents; performing home visits if possible; meeting with each parent to discuss their proposed custody and timesharing preference; and contacting other adults who are significant in the life of the children, such as extended relatives, teachers, pediatricians, therapists, or anyone else that can help them reach a conclusion.

Upon completion of the evaluation, the third-party will provide a written recommendation to the judge in the form of a comprehensive report and, if requested, will testify in a hearing in support of their findings. The expert’s recommendation is not binding on the judge. However, it is unusual for a family court judge to choose not to follow a third-party expert’s recommendations. Once the report is issued, if the parties can come to a settlement, the process will end. If not, the case will proceed to trial where the judge will make a final decision.

As you undertake the custody evaluation process, Seth Harris, senior associate of the PMK family law division, can help you decide whether to employ a third-party expert and which type will best fit your needs.

Going through a divorce is a life-changing event with emotional, social and legal impact on both the couple and other family members. Given the seriousness of the undertaking, it is useful to create a road map for steps to take in preparation of the process.

If you have already determined that your marriage is unsalvageable, you’ll want to ensure you have a robust support network in place. That includes relatives and friends who will offer you emotional support and an attorney who can provide the quality legal advice and expertise you need.

Before meeting with an attorney, you should take stock of your life goals and how they will impact the divorce proceedings. Some of the questions to ask yourself include:

• Where will you live and will your children be living with you?
• What will you need to ensure your and your children’s financial needs are met?
• What type of emotional support will you and your children need from family and friends, and possibly from a professional therapist?
• What assets might you need to replace or rebuild after you and your former spouse divide the marital property?
• What spending changes will you need to take so that your new financial situation is manageable and can support you in the long term?

If you and your spouse agree on all key issues of the divorce, you can proceed with an “uncontested divorce.” The financial issues you will need to ensure are covered in the agreement include: the division of your marital assets and debts, and the determination of the amount of any spousal or child support payments and the duration of the payments. If there are children involved, the agreement should also include a determination of which parent has what custody and what the timesharing arrangements will be for each parent. The marriage will not be officially over until a family court judge has reviewed, approved and filed the written Divorce Decree.

If you do elect to proceed with an attorney, prior to meeting with them, gather a list of questions; and any relevant legal documents, such as an adoption decree, paternity orders, or a marital agreement, such as a prenuptial or separation agreement.

As financial considerations are among the most pressing of any divorce settlement, you will also want to gather all financial records. Any prior legal agreements, as mentioned above, will supersede all financial negotiations.

The financial documents will likely include:

• Your last few pay statements
• Any account statements for pensions you receive or will receive
• Current account statements from banks, benefits, mutual funds, retirement and security accounts
• Real property ownership documents and appraisals
• Current business ownership documents and profit and loss statements
• Current account statements for any existing debts such as mortgages, lines of credit, car loans, student loans or credit cards
• Life insurance policies, especially if there is a tax value in the policy
• Recently filed tax returns
• Any large upcoming financial obligations such as tuition fees or medical bills
• Statements or other documents showing assets you owned at the date of marriage
• Documents showing any gift or inheritance received by you during the marriage

Whatever your goals for your divorce settlement, Seth Harris, senior associate of the PMK family law division, can provide an experienced, compassionate counsel and guide you through the divorce process, while keeping it as simple and understandable as possible.

Partner R. Laree McGuire was a featured panelist at the October 5^th Hawaii Council of Community Associations Board of Directors Training, “Management and Operations of a Condominium and Planned Community Associations.” McGuire will also speak at the upcoming seminar on November 14^th on the same topic.