The Benefits of Four Way Settlement Conferences

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settlecon.jpgThe topic for this Family Blog Article is one that is I like to use and one that I highly recommend to clients and to other practitioners.  A four (4) way settlement conference is a meeting or conference attended by both parties (Husband and Wife) and their respective attorneys.  The meeting generally takes place at one of the attorney’s offices but it could be held at an absolutely neutral location such as the Bar Association, a local library, or a church having meeting rooms available for the public.  The meetings can take place during normal business hours but can also be held during evening or weekend hours as no one from the Court needs to be present and no one from the Court needs to oversee or supervise the conference.  Therefore, the scheduling of settlement conferences can be done to accommodate each of the parties’ schedules and their respective attorneys’ schedules.

If I am scheduling a settlement conference, I generally set aside at least two (2) hours of time and I prefer to schedule them for 2:00 p.m or 3:00 p.m. in the afternoon with the thought … Read More... “The Benefits of Four Way Settlement Conferences”

Caregiver Liability: When Kids Run from Foster Care

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runaway.jpgThe National Runaway Switchboard reports that between 1.6 and 2.8 million youth run away each year. It also reports that there has been “a significant increase in the number of crisis calls identifying abuse or neglect as a reason for the call, with abuse calls up 33 percent and neglect calls up 54 percent between 2005-2008″ (National Runaway Switchboard Crisis Caller Trends, 2009, p. 2).

Youth in out-of-home care often choose conduct that does not ensure their own safety. They elope from foster homes, group homes, or other residential settings at an unknown rate. When children are known risks for eloping a court may find that it is the legal duty of the caregiver to take all prudent means to take appropriate preventative measures.

Instinctively, we are aware of the links between youths running away in general and youths eloping from out-of-home care. Social science research has made significant progress in describing runaway youth in general (Martinez, 2006; Sanchez, Waller, & Greene, 2006), but has made minimal inroads in accurately describing the phenomenon of youth eloping from out-of-home care.  Similarly, while federal laws and conventions … Read More... “Caregiver Liability: When Kids Run from Foster Care”

Highlights of the 2010 Tax Relief Act

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The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010, signed into law December 2010, finally brought some certainty to estate tax, gift and generation skipping tax, at least temporarily.  Although estate planning attorneys now have a better idea as to advising clients in wealth management opportunities, the new law only applies through December 31, 2012. Thus, we may find ourselves back in this position of uncertainty in two years.  Some of the major aspects of the Act are summarized below:

  • Estate tax exemptions and estate tax rates: Under President Bush’s Tax Relief Act of 2001, the federal estate tax exemption had increased to $3.5 million dollars in 2009, was unlimited in 2010, and was set to fall all the way back down to $1.0 million dollars in 2011.  This problem was solved for the short term by setting the exemption at $5.0 million dollars for 2011 and 2012.  Thus the first $5.0 million dollars of any estate is exempt from federal estate taxes.  The maximum federal estate tax rate on those estates over $5.0 million dollars was capped at 35%.  This will greatly decrease
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A Good Divorce Therapist is Critical to Your Emotional Health!

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goodtherapist.jpgFor most people going through a divorce, there is no substitute for having a neutral professional by their side who is trained to listen and discuss the emotional issues relevant to a divorce.  The emotions many encounter are similar to dealing with a death or loss of a loved one.  Therapists may refer to the stages of emotion by differing names, but they are: shock, denial, anger, sadness, and finally, acceptance.

In my practice I discuss counseling with virtually every new divorce client I meet.  Many clients going through a divorce feel like their life has been completely turned upside down.  Even if the individual has some sort of a “support network”, this is usually not an adequate substitute for having a good therapist. Most friends or family members are not trained or equipped to provide objective professional guidance and steady you through the divorce process, which often can turn into a very long marathon.

I have seen over the years how important it can be to work collaboratively with a divorce client’s therapist.  The therapist is not trained in the law, and I am not trained … Read More... “A Good Divorce Therapist is Critical to Your Emotional Health!”

Potential Civil Liability for Unauthorized Access to Another’s Email Account

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emailcivil.jpgI am not an Internet or cyberlaw expert by any stretch of the imagination. But I am not alone in that regard according to an interesting Associated Press. story that Judges on the nation’s top court are handicapped by a lack of knowledge about the Internet when deciding related cases–Justice Stephen G. Breyer, a U.S. Supreme Court justice, admits. If you have a minute, click on the link in blue to read some pretty humorous exchanges from the Justices when discussing technology related issues.

Without trying to grapple with all the subtle nuances on this subject, I do think it is important to make people aware that there are potential legal ramifications for anyone who enters another’s email account without permission and prints or downloads stored emails. There are two portions of the Electronic Communications Privacy Act (ECPA): the Wiretap Act and the Stored Communications Act (SCA). Title I of the ECPA, the Wiretap Act, prohibits interception of communication in certain instances.

An important case, especially for family law practitioners to read, is Jennings v. Jennings, a South Carolina case decided in July, 2010.   It … Read More... “Potential Civil Liability for Unauthorized Access to Another’s Email Account”

Non-Payment of Child Support May Result in Denial of a Passport

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passportreject.jpgMost people don’t realize that if you have a child support arrearage of more than $2,500 that you are NOT eligible for either a renewal or the issuance of a U.S. passport.  Also, be aware that there is no guarantee that even if your arrearage balance is below $2,500 that you will be allowed to obtain a passport because you are still in arrears. Many people who had intended to travel abroad have learned about this restriction the hard way and ended up having their plans aborted by a passport denial. Think about the implications if, for example, you were planning on getting married overseas and the passport request is denied.

To learn more, click here to go to the U.S. State Department’s Travel Abroad website to read about the mandatory process that must be undertaken before any passport application will be processed. You need to make arrangements to pay the State Support Enforcement Agency where child support is owed BEFORE you submit your application for a U.S. passport.  Also, all questions about your child support arrears or the status of a payment should be directed to … Read More... “Non-Payment of Child Support May Result in Denial of a Passport”

Child Abuse Investigations: Good, Bad or Ugly?

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abusepre.jpgMost of us are familiar with Child Protective Services, or CPS.  CPS, or an agency with a similar name, is the agency in each state that has assumed the task of protecting our kids from abuse or neglect by adults, especially their own parents. A recent study explained in the October 2010 issue of Archives of Pediatrics and Adolescent Medicine suggests that child abuse investigations do not significantly reduce risk for future violence or abuse.  In fact, the study links investigations to increased depression in mothers.  The results have given ammunition to many who had already been calling for a drastic scaling back of CPS and the many millions of dollars that Congress and state legislatures annually direct towards CPS.

Congress passed the Child Abuse Prevention and Treatment Act in 1974 because of concerns about battered children.  That Act was also designed to encourage more thorough and accurate reporting and record-keeping in child abuse cases.  These days, the role of CPS has grown and evolved.  In 2007 alone, CPS nationally investigated more than three million cases of suspected child abuse.  Today, CPS also enjoys almost unlimited investigative … Read More... “Child Abuse Investigations: Good, Bad or Ugly?”

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