NYACP NEWS ~ Winter 2025

Volume 7, Issue 2

In this Issue

President's Message
NYACP Board of Directors
Member Spotlights
NYACP Pods
Support Groups for Collaborative Practice (SGCP)
Committees

MESSAGE FROM OUR 2025 NYACP PRESIDENT

By Ellen Jancko-Baken

The last time I wrote a president’s message in January the temperatures were in the single digits.  Today, I am looking out my window and, although it is only March, the sun is shining and it is in the 60’s.  It is amazing how sunshine and warm air can make one feel hopeful.  As we come out of the darkness of Winter into the light of Spring, there is much to share with you.  

Despite that we all practice in one of the most difficult areas of human experience, we have managed to form a bond amongst us that is not only good for all of us but is so helpful for our clients.  Together we really do make a difference in the lives of many.     

I wish to share the numerous exciting things happening in our organization this year.  First, we are gearing up for a very special celebration of our 25th anniversary.  The Gala will take place on December 4th at Braeburn Country Club.  We will be honoring all those who have made this organization what it is today.  Please put this date in your calendar.  

Our pods continue to provide helpful and educational presentations.  For example, the Long Island pod recently educated us about child development in divorce.  We learned about options for age-appropriate parenting plans, how different age groups process divorce and how we can provide our clients with helpful information about their children during divorce.  The Northern Westchester pod taught us about what to look for in negotiating distribution of retirement plans and the NYC pod presented updates on the tax laws and discussion of FAQs about divorce taxation.  I learned so much from these presentations.  Please keep your eyes and ears open for more to come from the pods.  

We have many exciting things coming up this spring.  On April 8, do not miss the screening of two incredibly moving movies – Split: the Early Years and Split Up: the Teen Years.  We will discuss the lessons we can derive from these movies.  On April 30, we will be offering an interactive skills training.  The Membership Events committee is planning a Scavenger Hunt at Rockefeller Plaza on May 8.  This will be an opportunity to have fun with fellow members.  On June 5, there will be a training put on by the Racial Equity Committee.  And, on June 12, the Growing the Collaborative Connections working group has planned a mixer with the Westchester Women’s Bar Association in White Plains.  

Please check the website, the newsletter and your emails for more information on each of these events and more.  

Our social media committee is working hard to provide forums for spreading the word about collaborative divorce.  Please join us in “liking” and reposting one another’s messages about the process, educational opportunities, interviews, podcasts and anything else that supports our passion for this process.  

I look forward to seeing you all at the many events the NYACP hosts.  Enjoy getting outside and appreciating the many gifts Spring offers us.

NYACP Board of Directors

YOUR BOARD AT WORK

Your NYACP Board meets every two months on the Second Thursday. We are excited to report that our membership is continually expanding! We now have 112 members. Your Board members consistently work as Committee, Pod, and Program Chairs to develop educational and social programming that will encourage and enable you to become actively involved in networking and developing relationships. The literature suggests that building these relationships will foster the development of your Collaborative practice. The Board also works diligently to ensure that your NYACP membership provides added value to your live, both professionally and personally. Read on to learn more about what is happening.

MEMBER SPOTLIGHTS

NYACP welcomes our New Members:

Erica L. Burten is a dedicated attorney specializing in collaborative divorce and family law litigation in CT and NY, offering a balanced approach that combines courtroom experience with collaborative solutions. She prioritizes family-centered, tailored solutions to address concerns about family dynamics and future uncertainty. Erica’s firm, Erica Burten Law - Family Matters, provides informed guidance and personalized support. Whether through collaboration or litigation, Erica is committed to achieving the best outcomes for her clients while understanding the emotional toll of divorce. A member of several professional organizations, Erica earned her J.D. from Rutgers School of Law – Camden and her B.A. from Indiana University. She resides in Westchester County with her two children. 

AWARDS, ACKNOWLEDGEMENTS, ACCOMPLISHMENTS, CERTIFICATIONS

It is part of the intention of this newsletter to identify and honor our members who are out in the community doing great things and spreading the word about peaceful resolution for family and other legal matters. Knowing who our members are and what they are involved in can enhance your knowledge base when seeking referrals, and developing Collaborative Teams. Congratulations to all of you! Please feel free to email Randy Heller with your or your colleagues updates, [email protected]

Helene Bernstein is spreading the good word about Collaborative Practice…“When I met Helene, she told me about the Collaborative Divorce, a process that emphasizes collaboration, communication, and mutual agreement and takes place outside of court, reducing stress for the divorcing couple…Working with Helene made an incredibly difficult process feel manageable and survivable…She advocated for me and took the time to truly understand my concerns, ensuring I felt supported and seen every step of the way…She communicated clearly and helped me stay organized so I fully understood the options and choices at hand…She helped me navigate one of the hardest events of my life with strength and clarity…”

Mark Soboslai had the honor of testifying before the Connecticut General Assembly's Judiciary Committee in support of AN ACT ADOPTING THE UNIFORM COLLABORATIVE LAW ACT. We are deeply grateful for their dedication to advancing collaborative practice in Connecticut and helping to establish it in state law. See their testimony, starting at 1.37.44 here.

We encourage every collaborative divorce professional to add their testimony in support of this bill here.

Corey Shapiro, Esq. had a conversation with Dr. Jeremy Gaise, Psy.D. Collaborative Trainer, and Neutral MHP, about the benefits of Collaborative practice for our families, with the hope it will spread the word about better choices to make in divorce.. Jeremy is the esteemed author of  “A Clear and Concise Guide to Collaborative Practice.” You may want to share this with your clients…

Watch full video here

NYACP PODS

POD Meetings are monthly. Please check the full calendar on our website for topics, dates and times. PODS, which meet monthly via a virtual format, make this opportunity accessible to all of our members regardless of where you reside. That said, PODS are a wonderful way to learn, grow, and develop relationships with your fellow Collaborative Colleagues. Looking forward to seeing you all of you taking advantage of this great member benefit. Thank you to all of our Pod leaders! 

NEW YORK CITY POD

On the second Tuesday of each month, the NYC POD group hosts interactive learning opportunities for our members (held via Zoom. You don’t have to be in NYC to attend!). Thanks to Judy Stein for all you do to keep the momentum going!

On Tuesday January 14, 2025 Tracy Badgley, CPA, CDFA, CGMA, Partner and Steven Kaplan, CPA/ABV, MBA, Presented “2025 and Beyond – Income Tax Update, Plus Discussion of Some of Your Most Frequently Asked Divorce Taxation Question. This was an informative presentation and interactive discussion. 

On February 11, 2025, A panel of four Collaborative Family Specialists (Randy Heller, Elena Katz, Barbara Rothberg, Judie Stein, along with legal insights from Larry Rothberg), presented Divorce in NY State:  (Why) Is there a presumption about parenting time? The presenters offered their experiences, thoughts, and approaches to guiding professionals and parents toward the development of Parenting Plans and Time-share Agreements. This was Part 11 of a series on this topic. The conversation included and was not limited to “presumptions under the law (and in the minds of judges),  important concerns for children at various ages and stages, ways to include both parents in the process of planning and implementation of the plans, as well as considerations for families in the LBGTQ+ Community. The discussion was interactive, as participants and presenters shared the potential pros and cons when considering things like nesting, ages and stages of the children, and the quality of parental relationships. Kudos to Judie Stein who keeps this pod and the presentations thriving!

NORTHERN WESTCHESTER POD

The NW Pod meets the third Wednesday of every month from Sept- June from 9 to 10AM. 

On Jan 15th NYACP long standing member Georgia Kramer, Esq Partner of Abrams Fensterman, LLP presented on Part 1 Negotiating, Drafting and Implementing the Division of Retirement Funds and followed by Part 2 on February 19th when she was joined by Robert Jones, Esq. The following issues were addressed:

· IRA transfers must be Incident to a judgment of divorce. What does that mean?

· Can you freely transfer among retirement plans when dividing assets?

· May the court sign a qdro which corrects errors in the stipulation of settlement?

· Who is responsible for completing transfers of retirement assets?

· Does state law about ownership of assets (like common law or equitable distribution) influence the tax consequences of dividing retirement assets?

Plan Restrictions Explained

On March 19, 2025, NYACP member Denisa Tova-Liebman, MBA, CFP, CDFA, CQS led a discussion on social security and plan restrictions where the following: was addressed

Key Focus Areas:

• Social Security Fairness Act (Critical Update): The repeal of the Windfall Elimination Provision (WEP) and Government Pension Offset (GPO) as of January 5, 2025, has significant implications for divorce settlements. She broke down how these changes affect clients receiving pensions from CSRS, NYSLRS, TRS, and Railroad Retirement systems.

• Plan Restrictions You Need to Know: A deep dive into key plan-specific rules for TIAA, 403(b) annuities, IRAs, and other retirement assets that often lead to costly settlement errors when misunderstood.

•How to Handle Social Security in Divorce: Explaining how it works to your clients.

The NW Pod is led by Melissa Goodstein, Esq. Please contact Melissa at [email protected] if you would like to present or share a future topic or speaker of interest for a future NW Pod meeting. The NW POD are recorded and materials posted on the Members only section of the NYACP website. The NW POD is open to all members- hope you can join us!

LONG ISLAND POD

On January 7, 2025 Catherine Canade’ guided a discussion about our positive and challenging experiences working with non-traditional couples. Members brought  their stories and questions for a group discussion in a safe space. Thank you Catherine for leading such an important conversation!

On February 6th, 2025, Teresa Ombres led a lively  discussion “Collaborating Outside of the Law.” We talked about managing client’s expectations while also explaining the law.  We all shared experiences from our mediation and collaborative cases, how we handled the situation, what worked and didn’t. 

On March 4, 2025 Barbara Rothberg gave an informative talk on divorce and how it affects children at different developmental from infancy through early childhood, and into early adulthood. Topics that were explored included and were not limited to: 

• What are the basic developmental issues for children of different ages?

• When is the best time for a couple to divorce that will reduce the negative impact on their children?

• How does divorce effect children at different ages?

• What should you to tell the children about the divorce and when should you tell them?

• Should you be honest with your children about the reasons for the divorce?

Suggestions were offered regarding considerations for parents and professionals when developing parenting plans for children at different ages and stages. Barbara also discussed different options for living arrangements. Barbara also emphasized the significance of hearing children’s feelings and experiences, as well as providing reassurances, joint narratives, consistency and stability.  

The discussion was interactive and lively. This is a tremendous example of the ways in which the Family/Child Specialist adds value to our Collaborative Teams! Thank you Barbara for exemplifying that with such great expertise!

NYACP SGSP

All NYACP Members are encouraged to take the opportunity to join a Support Group. Participation will provide you with the experience of joining with other members in our community to connect in a more in-depth way regarding our work and best practices. This is separate from our POD Groups. These are closed groups and they require a commitment. This commitment includes being responsible for presenting, and addressing some of the complexities that can arise on your Collaborative matters. This can be a vulnerable undertaking and building trust and understanding with our colleagues is an essential part of why these groups are valuable. We all know how challenging our work can be. 

Northern Westchester Support Group - Meg Sussman [email protected] and Melissa Goodstein [email protected]

Mental Health Support Group –Facilitated by Jeffrey Steiger and Bob Raymond These meetings are held Quarterly on Tuesday mornings from 8:00 am-9:00am. Only NYACP members qualify to participate in this group. Register on the website. 

Bob and Jeffrey continue to facilitate interesting, informative, and supportive meetings where our Family Specialists stay connected and engage in great conversation. Always feel free to let Bob and I know if you have a topic that you would like to address.

Upcoming meetings will be for one hour from 8am -9am on the following dates in the new year;

4/29/25

6/24/25

10/28/25