Last month, the issue of step-parent adoptions was addressed in SK&H Insider. This month’s article is the second installment on the subject of adoption, with a focus on post adoption contact between a birth parent and the child (adoptee).
In 1983, the Voluntary Adoption Registry was initiated to facilitate communication between a birth parent, adoptee, sibling of the adoptee, and other eligible relatives of the adoptee. The Oregon Department of Human Services maintains the Registry. In order to utilize the Registry, the adoption must have taken place in Oregon. The Registry is a passive system, and is dependant upon the adoptee’s participation in the service. Birth parents, siblings, and eligible relatives of an adoptee register by filing the appropriate paperwork and enrolling in the Mutual Consent Registry. If the adoptee has also registered, non-identifying information, such as medical histories, are exchanged. Amazingly, DHS’ adoption records extend as far back as the 1920’s. Adoption records themselves are not open to inspection and, as a general rule, are never disclosed.
In 1993, the Oregon legislature established the Assisted Search Program, which allows adoptees and birth parents, siblings, and eligible relatives to exchange identifying information, including names and addresses. Registration with the Mutual Consent Registry is a pre-requisite to the Assisted Search Program. All searches are confidential and identifying information is only exchanged if the person being sought consents after being contacted. An adoptee must be 18 years of age to participate in the Program.
As long as an adoption was finalized in Oregon, an adoptee over the age of 2 1can obtain a copy of their original birth certificate. This right was established by initiative in Oregon in November of 1998. Measure 58 made national headlines and was featured on National Public Radio, NBC’s Today Show, and newspapers throughout the nation. At the heart of the controversy - a group of birth mothers who argued that the measure violated past assurances of confidentiality. Although the measure passed in 1998, the first requests for birth certificates were not processed until May of 2000, after the U.S. Supreme Court ruled on the matter.
Monday, May 9, 2011
Thursday, May 5, 2011
Raising Good Kids: Self-Esteem vs. Entitlement
Parents want to develop a healthy sense of self-esteem in our children. Unfortunately, along the way, it is all too easy to shift the balance away from developing a healthy sense of self-esteem, and toward creating an undesirable sense of entitlement in our children.
Raising a child to have a healthy sense of self-esteem means developing an individual who embraces life with confidence, and pursues realistic goals and rewarding relationships. Basing self-esteem on generalities doesn’t do children any good, so when talking with your kids, be specific.
A well-adjusted child benefits from praise of actions and behavior. Praise should acknowledge the effort, not a child’s traits. It is better to say “you worked really hard” (if they did) rather than “you are so smart.” Praise should be mixed with discipline for inappropriate behaviors and actions. “Discipline” is the “training that develops self-control, character, or orderliness and efficiency.” The opposite is “indulge” which implies “a yielding to the desires of oneself or another.”
Sometimes parents indulge children thinking this will help them to feel good about themselves. Parents become generous with material possessions – giving children the best toys, sports equipment, bedroom furnishings, televisions, video equipment, cell phones, cars. We allow them too much freedom, or we provide too much help thinking we’re ensuring they’ll feel good about themselves and their life.
Unfortunately, it does not typically work out this way, and the child struggles in life with a misguided sense of entitlement.
Ultimately, we all want the best for our children. A healthy belief in oneself allows a person to lead a well-rounded life with the confidence to make the right choices.
Raising a child to have a healthy sense of self-esteem means developing an individual who embraces life with confidence, and pursues realistic goals and rewarding relationships. Basing self-esteem on generalities doesn’t do children any good, so when talking with your kids, be specific.
A well-adjusted child benefits from praise of actions and behavior. Praise should acknowledge the effort, not a child’s traits. It is better to say “you worked really hard” (if they did) rather than “you are so smart.” Praise should be mixed with discipline for inappropriate behaviors and actions. “Discipline” is the “training that develops self-control, character, or orderliness and efficiency.” The opposite is “indulge” which implies “a yielding to the desires of oneself or another.”
Sometimes parents indulge children thinking this will help them to feel good about themselves. Parents become generous with material possessions – giving children the best toys, sports equipment, bedroom furnishings, televisions, video equipment, cell phones, cars. We allow them too much freedom, or we provide too much help thinking we’re ensuring they’ll feel good about themselves and their life.
Unfortunately, it does not typically work out this way, and the child struggles in life with a misguided sense of entitlement.
Ultimately, we all want the best for our children. A healthy belief in oneself allows a person to lead a well-rounded life with the confidence to make the right choices.
Oregon’s Progressive Adoption Laws
Rarely does a family law attorney handle a case that does not involve the possible break up of a relationship, married or unmarried. The process can be traumatic to all involved, especially the children. One exception to this rule is a stepparent adoption. While all adoptions involve the termination of one parent-child relationship and the creation of a new one, stepparent adoptions celebrate the relationship between a parent, their current spouse or partner, and the child. Through the adoption process, the adoptive parent is legally transformed into the child’s “biological parent”, with all of the attendant rights, responsibilities, and obligations.
In most instances, a biological parent who relinquishes his or her rights (or has them terminated by the court) has not played a significant role in the child’s life. In the saddest of cases, this parent may have actually abandoned the child.
Oregon is at the forefront of progressive adoption practices. It is not uncommon for individuals outside of the state to seek adoptions in Oregon in order to take advantage of these progressive practices. How does Oregon differ from other states? First, Oregon allows a broad range of persons to qualify as adoptive parents. Marital status, age, income level, and home ownership are not prohibitive barriers to adoption. An adoptive parent may be married or in a committed relationship. Second, Oregon laws allow a relinquishing parent to maintain some degree of contact with a child. Under certain circumstances, this parent may continue to have limited contact with the child. The quality and nature of any continuing contact may range from a limited exchange of photos to periodic visits with the child. This is a very radical departure from the practices in most states. Finally, in the early 1980s, Oregon established the Voluntary Adoption Registry to aid adopted children, birth parents, related siblings, and other persons in anonymously exchanging information regarding their genetic, medical, and social histories. In the early 1990s, the Assisted Search Program was developed to allow adopted children, birth parents, related siblings, other family members to register on a mutual consent registry. If all parties consent, and after the appropriate paperwork is filed, identifying information can be released.
To reiterate, stepparent adoptions are a celebration of the existing emotional bonds and commitments that people make when they enter into a relationship with another person who is a parent from a prior relationship. The joy of such events is shared by all involved: the adoptive parent, their spouse or partner, the courts, and last, but not least, the child.
In most instances, a biological parent who relinquishes his or her rights (or has them terminated by the court) has not played a significant role in the child’s life. In the saddest of cases, this parent may have actually abandoned the child.
Oregon is at the forefront of progressive adoption practices. It is not uncommon for individuals outside of the state to seek adoptions in Oregon in order to take advantage of these progressive practices. How does Oregon differ from other states? First, Oregon allows a broad range of persons to qualify as adoptive parents. Marital status, age, income level, and home ownership are not prohibitive barriers to adoption. An adoptive parent may be married or in a committed relationship. Second, Oregon laws allow a relinquishing parent to maintain some degree of contact with a child. Under certain circumstances, this parent may continue to have limited contact with the child. The quality and nature of any continuing contact may range from a limited exchange of photos to periodic visits with the child. This is a very radical departure from the practices in most states. Finally, in the early 1980s, Oregon established the Voluntary Adoption Registry to aid adopted children, birth parents, related siblings, and other persons in anonymously exchanging information regarding their genetic, medical, and social histories. In the early 1990s, the Assisted Search Program was developed to allow adopted children, birth parents, related siblings, other family members to register on a mutual consent registry. If all parties consent, and after the appropriate paperwork is filed, identifying information can be released.
To reiterate, stepparent adoptions are a celebration of the existing emotional bonds and commitments that people make when they enter into a relationship with another person who is a parent from a prior relationship. The joy of such events is shared by all involved: the adoptive parent, their spouse or partner, the courts, and last, but not least, the child.
Wednesday, May 4, 2011
On Arts
If you have never really listened to Jazz music before, Miles Davis’ classic record, Kind of Blue, is a great starter album. If you do like Jazz and do not have this album in your collection, put it on the must buy list. Recorded in the spring of 1959, it is considered by many to be one of the greatest albums ever recorded, or at the very least, one of the greatest Jazz albums. Jazz is a truly American art form. Flowing out of American blues and popular European music, Jazz began life in the early 20th century. The artists made each song their own by finding new ways to do improvisational solos. It is to those roots in blues and improvisation that Miles Davis returned for Kind of Blue. When Miles Davis brought together some great improvisational Jazz artists, his desire was to keep the overall structure simple and let their creative energies give the songs beauty. John Coltrane, Cannonball Adderley, Bill Evans, Wynton Kelly, Paul Chambers and Jimmy Cobb worked together to create music that is quite complex while still seemingly simple. The reason Kind of Blue is such a great album is due to its’ listenablilty. To enjoy this album you need not know anything about Jazz music, or any music at all, for that matter. Kind of Blue is the type of album that works for any situation. It can be background music in an intimate setting or a party. On the other hand, if you are the type of person who likes to close your eyes and just listen—this album has enough going on that you will be fascinated for the length of it.
Tuesday, May 3, 2011
Tax Tips: Getting the Most Out of Your Legal Expenses
As you or your accountant scrutinize every possible deduction that you may claim, you may be wondering if legal expenses are deductible. As a general rule, attorney fees in connection with divorce or custody matters are not deductible. However, there are a few exceptions to the rule. First, attorney fees are deductible if they are used to secure income for you through the negotiation, collection, or modification of spousal support. Furthermore, if your attorney used experts, such as an accountant, to assist in any of those actions, that expert’s fees may also be deductible. Similarly, attorney fees to secure an interest in your spouse’s retirement plan, royalties, or residuals may also be deductible. The second exception allows attorney fees to be deducted when incurred through establishing or defending your title to property. For example, if during your divorce your attorney had to defend your right to your separate property so that it would not be divided, then these fees may be deductible. Finally, attorney fees are deductible if used for tax planning advice. In the context of family law, tax planning can take many forms. For instance, fees for the following may all be deductible:
• Preparing a settlement agreement that assures tax-deductible support payments.
• Estate planning that ensures proper gift and estate tax for monetary or property division.
• Legal work that maximizes the deductible portion of spousal support.
• Expert advice regarding the tax consequences of divorce or separation agreements.
• Gathering information for the preparation of tax returns.
• Negotiating who gets to take your children’s dependency tax exemptions.
• Determining the tax basis for assets in a property settlement.
• Structuring a property division for desired tax benefits.
Deductible attorney’s fees are treated as “miscellaneous itemized deductions,” and generally are deductible to the extent they exceed 2% of your adjusted gross income. In order to take advantage of these deductions, ask your attorney to send you a letter that expressly identifies the deductible fees. Then ask your accountant about these deductions, so that you can make the most of your return.
• Preparing a settlement agreement that assures tax-deductible support payments.
• Estate planning that ensures proper gift and estate tax for monetary or property division.
• Legal work that maximizes the deductible portion of spousal support.
• Expert advice regarding the tax consequences of divorce or separation agreements.
• Gathering information for the preparation of tax returns.
• Negotiating who gets to take your children’s dependency tax exemptions.
• Determining the tax basis for assets in a property settlement.
• Structuring a property division for desired tax benefits.
Deductible attorney’s fees are treated as “miscellaneous itemized deductions,” and generally are deductible to the extent they exceed 2% of your adjusted gross income. In order to take advantage of these deductions, ask your attorney to send you a letter that expressly identifies the deductible fees. Then ask your accountant about these deductions, so that you can make the most of your return.
Monday, May 2, 2011
Stewardship Parenting: Why Children Come First
By Jody Stahancyk
Senior Shareholder
Non-custodial parents who are assets to their children never blame the other lawyers, the other parent, their own lawyers, or even the system for the “loss” of a child. Rather, they tend to their own garden and build meaningful relationships with their children. Good parents are, first and foremost, stewards to their children.
Merriam-Webster defines stewardship as “the careful and responsible management of something entrusted to one’s care.” Stewardship parenting is accepting and embracing the idea that your role as a parent is to help children, from their birth until your death, to be the best they can be. It is an ever- evolving process.
Senior Shareholder
Non-custodial parents who are assets to their children never blame the other lawyers, the other parent, their own lawyers, or even the system for the “loss” of a child. Rather, they tend to their own garden and build meaningful relationships with their children. Good parents are, first and foremost, stewards to their children.Merriam-Webster defines stewardship as “the careful and responsible management of something entrusted to one’s care.” Stewardship parenting is accepting and embracing the idea that your role as a parent is to help children, from their birth until your death, to be the best they can be. It is an ever- evolving process.
Ways of Communication
By Freddy Heath
Director of Communications
Proper communication is one of the keys to having successful relationships in both personal and professional life. If you have ever heard someone utter the phrase, “That’s not what I meant when I said that,” you know how easily miscommunication can enter into any situation.
The responsibility for clear communication always lies with the speaker. You must know your audience and communicate so the person to whom you are speaking will hear exactly what you want them to hear. Let’s take a look at some of the styles of communication we all encounter – both helpful and unhelpful.
Director of Communications
Proper communication is one of the keys to having successful relationships in both personal and professional life. If you have ever heard someone utter the phrase, “That’s not what I meant when I said that,” you know how easily miscommunication can enter into any situation.The responsibility for clear communication always lies with the speaker. You must know your audience and communicate so the person to whom you are speaking will hear exactly what you want them to hear. Let’s take a look at some of the styles of communication we all encounter – both helpful and unhelpful.
Frank Manners
Dear Frank Manners,Ten years ago, I decided to put my career on hold so I could stay at home and raise my two boys. Now that they are older, I have decided to re-enter the workforce.
It has been a while since I was in a professional atmosphere. Could you offer any tips on interviewing to get a good job at my age and experience level?
Sincerely, New Working Mom,
NWM
Dear NWM,
First you will need to refresh your resume. There are many different styles and templates of resumes to choose from so just pick one you like. Have a friend help you proofread for errors and to make sure you’re not missing anything. Always dress nicely for your interview. It’s better to be overdressed than underdressed. You don’t have to spend a lot to look professional. A professional wardrobe can be crafted from a stop at a thrift store or two. You’ll need at least one white shirt, a black skirt or slacks, nylons, and black pumps. This should get you through your interviews and the first day on the job.
Asian Chicken Salad
With warmer weather hopefully coming soon, lighten up your dinner with this Asian-inspired chicken salad.
Ingredients:
4 tablespoons soy sauce
1 tablespoon toasted sesame oil
1 pound skinless, boneless chicken breasts
1/2 head Napa cabbage, thinly shredded
1/4 head red cabbage, shredded
1 large carrot, shredded
3 scallions, trimmed and thinly sliced
2 cups fried rice noodles
Dressing:
2 tablespoons soy sauce
1 teaspoon toasted sesame oil
1/3 cup rice wine vinegar
1 teaspoon minced garlic
1 teaspoon minced ginger
4 tablespoons canola oil
2 tablespoons brown sugar
1 tablespoon sweet chili sauce
1/4 cup sliced almonds, toasted
Thursday, April 21, 2011
New Law: Upward Modifications of Spousal Support
The general rule in Oregon for a party seeking modification of a spousal support award is that the party must show a “substantial change in economic circumstances” sufficient to warrant a modification. The question often arises as to how Oregon courts handle a situation in which the paying spouse’s income decreases and later increases to a level equal to or higher than it was pre-dissolution. What factors are used to assess whether a “substantial change in economic circumstances” has occurred? The Oregon Court of Appeals recently answered some of those questions in Marriage of Mitchell and Mitchell. Prior to Mitchell, the Oregon Supreme Court had decided Weber and Weber, which stood for the general proposition that an increase in income alone [of the paying spouse] is generally insufficient to constitute a “substantial change in economic circumstances.” However, Weber generally applied to situations in which a receiving spouse sought an increase in support due to a post-dissolution increase in the paying spouse’s income. It left unanswered the question of whether support payments could be restored to original levels after a subsequent reduction and then increase in the paying spouse’s income. The Court in Mitchell held that a trial court is not precluded from restoring spousal support that was reduced due to a temporary reduction in the paying spouse’s income, even if the restoration is based solely on the paying spouse’s increase in income (and absent other factors such as the receiving spouse’s need for additional support, etc.). The Court’s holding takes into account the fact that the receiving spouse should be able to have support restored to its original level as agreed upon by the parties in the dissolution. Additionally, the Court found that it would be fundamentally inequitable to allow a paying spouse to seek a decrease in support due to a decrease in income, but prohibit a receiving spouse to seek a subsequent restoration in support due to an increase in the paying spouse’s income. Thus, the ruling in Mitchell may make it easier for persons receiving support to seek an upward modification to support payments that may have been reduced due to a temporary decrease in a paying spouse’s income.
Monday, April 18, 2011
Time to Get Organized By Jill
It’s a brand new year–a great opportunity to get organized. Being organized will reduce your stress level, increase your efficiency and give your family more time to relax and have fun. Review our five tips to get your family organized:
tip #1: Have a system: The first step in being organized is creating a system. Whether it’s an electronic organizer or a calendar, you need one central place to enter and prominently display your family’s schedule.
tip #2: Plan ahead: Now that you have a system, enter all the events your family is involved with. This is a great time to enter or schedule all of the school vacations, activities, lessons, clubs, medical appointments, summer camps and other such activities. Also, pick a time for a family vacation!
tip #3: Family meetings: Whether you have them at parenting time transitions or once a month, it’s a good idea to set a time where everyone gets together and discusses family plans and issues.
tip #4: Get the kids involved: Start teaching your children organizational skills. Older kids can type up mini-calendars. Make a basic daily schedule for young children. Use different stickers for younger children to help them understand the schedule.
tip #5: Free time: Families today have very busy schedules. Make sure to allow for time to simply enjoy being together. Schedule a little time each day to spend together doing activities that are relaxing and fun for the whole family.
tip #1: Have a system: The first step in being organized is creating a system. Whether it’s an electronic organizer or a calendar, you need one central place to enter and prominently display your family’s schedule.
tip #2: Plan ahead: Now that you have a system, enter all the events your family is involved with. This is a great time to enter or schedule all of the school vacations, activities, lessons, clubs, medical appointments, summer camps and other such activities. Also, pick a time for a family vacation!
tip #3: Family meetings: Whether you have them at parenting time transitions or once a month, it’s a good idea to set a time where everyone gets together and discusses family plans and issues.
tip #4: Get the kids involved: Start teaching your children organizational skills. Older kids can type up mini-calendars. Make a basic daily schedule for young children. Use different stickers for younger children to help them understand the schedule.
tip #5: Free time: Families today have very busy schedules. Make sure to allow for time to simply enjoy being together. Schedule a little time each day to spend together doing activities that are relaxing and fun for the whole family.
New Law: Changes to the Definition of “Child Attending School.”
In its 2005 legislative assembly, the Oregon Legislature enacted Senate Bill 1050, which made significant changes to ORS 107.108, the statute which provides for continuing child support for children between 18 and 21 who are attending school. The changes became effective on September 1, 2005 and apply to all child support orders, not just the ones that were entered after the new statute became effective. Some highlights of the bill are described below. Senate Bill 1050 changes the old grade requirement from a “C” average, to “making satisfactory academic progress as defined by the school that the child attends.” The term “school” includes four-year institutions, vocational schools, high school completion programs and even home schooling. Even if a child is failing, he or she still has rights under the new amendments. Every child between the ages of 18 and 21, regardless of whether he or she is in school, is now made a party to any proceeding in which the court has the authority to order or modify support. The child (rather than a parent on behalf of a child) may also apply for services, request modification of the support award, receive notice and have the right to participate in proceedings that may affect the his or her rights. Children are now also required to provide written consent allowing each parent to obtain information directly from the school regarding the child’s enrollment, grades, current standing and course load. The change in the reporting requirement prevents children from enrolling just to obtain child support and then dropping out. Under the old law, a parent would have to continue to pay support until the next reporting period. The revised law also allows children who have lost their “child attending school” status to become reinstated if they meet the requirements. Under the old law, children who lost their status were permanently ineligible for continued support. The full text of Senate Bill 1050 can be found on the Oregon Division of Child Support website at http://dcs.state.or.us/.
Thursday, April 14, 2011
Be a Savvy Online Shopper
Online shopping can be a convenient way to purchase your holiday presents. However, through the ease and convenience of online shopping lurks the possibility of fraud and identity theft or simply the surprise of a different product arriving on your doorstep than expected. Take some easy steps to minimize some unwanted holiday surprises.
First, shop at well-established online businesses. Sites that adhere to the highest standards often have third-party seals of approval such as the Better Business Bureau Reliability Program or TRUSTe. You can also refer to third party sites such as cnet.com or epinions.com for reviews of products and stores by your fellow shoppers. Second, keep your personal information private. If you feel uncomfortable about sharing certain information, you probably shouldn’t. Fill out only the information needed and that you feel comfortable sharing. Third, use your credit card. If things do go awry and you never receive the package or you have a dispute with the online vendor, your credit card company can help with the disputed charges. Finally, make sure all of your browsers and operating systems are updated. As identity thieves get savvier, it is even more important to make sure your tools have the latest encryption. When transmitting secure information, make sure you are on a secure page. If the website is using secure technology, the web address begins with an https and a tiny locked padlock appears in the bottom right hand corner of the screen. Through it all, have fun bargain hunting and be an aware and savvy online shopper.
First, shop at well-established online businesses. Sites that adhere to the highest standards often have third-party seals of approval such as the Better Business Bureau Reliability Program or TRUSTe. You can also refer to third party sites such as cnet.com or epinions.com for reviews of products and stores by your fellow shoppers. Second, keep your personal information private. If you feel uncomfortable about sharing certain information, you probably shouldn’t. Fill out only the information needed and that you feel comfortable sharing. Third, use your credit card. If things do go awry and you never receive the package or you have a dispute with the online vendor, your credit card company can help with the disputed charges. Finally, make sure all of your browsers and operating systems are updated. As identity thieves get savvier, it is even more important to make sure your tools have the latest encryption. When transmitting secure information, make sure you are on a secure page. If the website is using secure technology, the web address begins with an https and a tiny locked padlock appears in the bottom right hand corner of the screen. Through it all, have fun bargain hunting and be an aware and savvy online shopper.
Money Saving Tips for the End of the Year
The end of the year is quickly approaching. Now is the time to schedule medical, dental, or other healthcare related visits for you and your children that you may have been putting off from earlier in the year. If you can visit your doctor, dentist, or other healthcare professional (or even refill those expensive prescriptions) before December 31, 2005 you will save on having to pay the renewed deductible come January 1.
Another relatively unknown way to save on health insurance costs is by opening a health savings account. A health savings account is similar to a medical IRA. Money is deposited into a designated account which is used to pay medical expenses as they are incurred. When the deductible on your policy has been met, the insurance company starts paying the bills. The plan is like a medical IRA in that you get to keep any money you contribute but do not use, and it grows tax-deferred until retirement. All payments made toward insurance expenses are tax-free. Health savings accounts are particularly beneficial for those persons who have higher deductible plans ($1000 or more). For more information on health savings accounts, visit the United States Treasury website at http://www.treasury.gov/Pages/default.aspx.
Also, when filing your taxes, keep track of how much you have spent on medical expenses for the past year. Under the Internal Revenue Code, section 213, a taxpayer can deduct expenses for diagnosis, treatment and insurance premiums related to medical care. This provision is only applicable if your medical expenses exceed 7.5% of your adjusted gross income.
Another relatively unknown way to save on health insurance costs is by opening a health savings account. A health savings account is similar to a medical IRA. Money is deposited into a designated account which is used to pay medical expenses as they are incurred. When the deductible on your policy has been met, the insurance company starts paying the bills. The plan is like a medical IRA in that you get to keep any money you contribute but do not use, and it grows tax-deferred until retirement. All payments made toward insurance expenses are tax-free. Health savings accounts are particularly beneficial for those persons who have higher deductible plans ($1000 or more). For more information on health savings accounts, visit the United States Treasury website at http://www.treasury.gov/Pages/default.aspx.
Also, when filing your taxes, keep track of how much you have spent on medical expenses for the past year. Under the Internal Revenue Code, section 213, a taxpayer can deduct expenses for diagnosis, treatment and insurance premiums related to medical care. This provision is only applicable if your medical expenses exceed 7.5% of your adjusted gross income.
Monday, April 11, 2011
L.E.A.D. Communicate and Respond Positively to Negative Situations
Dealing with negative feedback or failure is the most difficult, but often most rewarding aspect of working with the situations life deals us. Each of us has been there before; a business deal falls through, the court decision is not favorable, or any similar unfortunate situation. To properly deal with negative information and augment situations, it is effective to use a model of communication and action constructed by the customer service industry for dealing with unhappy clients called L.E.A.D. The letters stand for Listen, Empathize, Apologize and Do something. When a negative situation arises use the LEAD strategies as such:
• LISTEN- Have someone else explain the problem and really listen. Focus your attention on understanding the situation, probe for specific examples. Listening will help you understand not only the problem itself, but perhaps also areas in which you can improve to eliminate problems in the future.
• Empathize- Place yourself in a similar situation, perhaps one from the past. Realizing that you, as well as others, have been in similar circumstances allows you to feel more confident and understanding, and will facilitate positive progress.
• Apologize- A simple, I’m sorry, can be incredibly beneficial. Whether the mistakes made were personal or unavoidable, an apology serves to create a new beginning, wipe the slate clean and start anew in dealing with the problem.
• Do Something- Action is the most important step in L.E.A.D. After analyzing specific problems you must cooperatively work with others to create a reasonable plan to improve the current situation and follow through with it.
The L.E.A.D. method of communication will assist in calmly finding reasonable solutions for those unexpected curveballs life tosses us.
• LISTEN- Have someone else explain the problem and really listen. Focus your attention on understanding the situation, probe for specific examples. Listening will help you understand not only the problem itself, but perhaps also areas in which you can improve to eliminate problems in the future.
• Empathize- Place yourself in a similar situation, perhaps one from the past. Realizing that you, as well as others, have been in similar circumstances allows you to feel more confident and understanding, and will facilitate positive progress.
• Apologize- A simple, I’m sorry, can be incredibly beneficial. Whether the mistakes made were personal or unavoidable, an apology serves to create a new beginning, wipe the slate clean and start anew in dealing with the problem.
• Do Something- Action is the most important step in L.E.A.D. After analyzing specific problems you must cooperatively work with others to create a reasonable plan to improve the current situation and follow through with it.
The L.E.A.D. method of communication will assist in calmly finding reasonable solutions for those unexpected curveballs life tosses us.
This Call May Be Monitored: Recording Telephone Conversations in Oregon
One common question is whether it is legal to tape record a phone conversation between two people or parties. Federal law and all states prohibit the recording of any telephone conversation which the recording person is not a party.
However, in Oregon, it is legal to tape record a telephone conversation as long as one party consents to the recording (see ORS §§165.535, 165.540). Typically, this means that as long as the person recording consents, which will almost always be the case, then it is not illegal to record the conversation and use that conversation as evidence in a later court proceeding. Recording oral face-to-face communications, on the other hand, requires the consent of both parties in Oregon.
Some states, such as California and Washington, require that both parties consent to the recording of a telephone call. This means that before the conversation can be recorded, the party doing the recording must let the other party know the conversation is being recorded and that party must then consent to the recording. If you will be recording between states, check the laws for each state and remember that a suit could potentially be filed in either state and that state’s law would then apply.
Ultimately, recording sensitive phone calls can be a serious matter. Violation of all of these laws is a crime and should be taken seriously. However, if done correctly, it can potentially provide helpful evidence in a family law proceeding. If you have any questions about the specifics of these laws, contact your attorney to get clarification.
However, in Oregon, it is legal to tape record a telephone conversation as long as one party consents to the recording (see ORS §§165.535, 165.540). Typically, this means that as long as the person recording consents, which will almost always be the case, then it is not illegal to record the conversation and use that conversation as evidence in a later court proceeding. Recording oral face-to-face communications, on the other hand, requires the consent of both parties in Oregon.
Some states, such as California and Washington, require that both parties consent to the recording of a telephone call. This means that before the conversation can be recorded, the party doing the recording must let the other party know the conversation is being recorded and that party must then consent to the recording. If you will be recording between states, check the laws for each state and remember that a suit could potentially be filed in either state and that state’s law would then apply.
Ultimately, recording sensitive phone calls can be a serious matter. Violation of all of these laws is a crime and should be taken seriously. However, if done correctly, it can potentially provide helpful evidence in a family law proceeding. If you have any questions about the specifics of these laws, contact your attorney to get clarification.
Thursday, April 7, 2011
New Bankruptcy Legislation Offers Increased Protections To Those Receiving Support Obligations
On April 20, 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 (“BAPCA”). BAPCA, set to take full effect on October 17, 2005,
will have wide-reaching effects on all people seeking protection under both Chapter 7 and
Chapter 13 of the Bankruptcy Code.
Although the legislation has been widely criticized because of its stricter requirements on
debtors seeking relief (such as the “means test” where those debtors with an income above the
state median may be forced out of Chapter 7 regardless of debt), the BAPCA has significantly
increased the protections to people who receive support payments from a debtor who is filing for
bankruptcy. The new legislation has broadened the definition of “domestic support obligations”
(the current law only includes support obligation such as alimony and child support, where the
BAPCA also includes non-support obligations such as property settlements) and has made those
obligations entirely non-dischargeable through the bankruptcy process. Now both support
obligations and non support-obligations owed to a child’s parent, legal guardian, responsible
relative, or a government agency are entirely non-dischargeable. This ultimately means that those
people filing bankruptcy with the primary objective of avoiding payment on a domestic relations
obligation will be unable to do so. Additionally, the BAPCA has increased the repayment
priority of domestic support obligations from the seventh priority to the first priority. Thus, if
there are significant areas on a support obligation, the person owed the obligation will be first in
line for repayment.
The BAPCA represents a sweeping change to the Bankruptcy Code. Although there are
both critics and proponents alike, the legislation has significantly increased protections for those
persons receiving payments and support through a domestic relations proceeding.
Protection Act of 2005 (“BAPCA”). BAPCA, set to take full effect on October 17, 2005,
will have wide-reaching effects on all people seeking protection under both Chapter 7 and
Chapter 13 of the Bankruptcy Code.
Although the legislation has been widely criticized because of its stricter requirements on
debtors seeking relief (such as the “means test” where those debtors with an income above the
state median may be forced out of Chapter 7 regardless of debt), the BAPCA has significantly
increased the protections to people who receive support payments from a debtor who is filing for
bankruptcy. The new legislation has broadened the definition of “domestic support obligations”
(the current law only includes support obligation such as alimony and child support, where the
BAPCA also includes non-support obligations such as property settlements) and has made those
obligations entirely non-dischargeable through the bankruptcy process. Now both support
obligations and non support-obligations owed to a child’s parent, legal guardian, responsible
relative, or a government agency are entirely non-dischargeable. This ultimately means that those
people filing bankruptcy with the primary objective of avoiding payment on a domestic relations
obligation will be unable to do so. Additionally, the BAPCA has increased the repayment
priority of domestic support obligations from the seventh priority to the first priority. Thus, if
there are significant areas on a support obligation, the person owed the obligation will be first in
line for repayment.
The BAPCA represents a sweeping change to the Bankruptcy Code. Although there are
both critics and proponents alike, the legislation has significantly increased protections for those
persons receiving payments and support through a domestic relations proceeding.
Back to School Tools
The first day of school is just around the corner, and children everywhere are tying up the family phone to find out who has which teacher and what stores have the most stylish clothing. For children, these are the most important issues at hand and can affect how they perceive their role at school, however for parents the emphasis is a bit different. As parents we wish for our children’s success in school. This starts with communication within the family unit, whether both parents reside under the same roof or not. To assist your child’s assimilation into the new school year, both parents should discuss back to school shopping, what current clothing trends are age appropriate, and agree on what will be purchased by whom. Parents also need to determine the study habits they wish to encourage and how to oversee homework time. It is important to remember that both children and parents need to be accountable. If children alternate between two households, consistent rules need to be decided upon and enforced by both parents.
Communication is the key. Plan on a nice family dinner to discuss the first day of school. Ask open-ended questions to encourage your child to talk about their day. Often areas of interest center around social aspects; whether they made new friends, how was their new teacher, how they found their way around (especially if your child is starting at a new school), and whether they sat with anyone at lunch. This type of communication will serve parents well when those teacher conferences roll around, as well as increase the quality of your relationship with your child.
Communication is the key. Plan on a nice family dinner to discuss the first day of school. Ask open-ended questions to encourage your child to talk about their day. Often areas of interest center around social aspects; whether they made new friends, how was their new teacher, how they found their way around (especially if your child is starting at a new school), and whether they sat with anyone at lunch. This type of communication will serve parents well when those teacher conferences roll around, as well as increase the quality of your relationship with your child.
What Is The Difference Between Oregon and Washington Divorce Law?
The difference between the substantive law regarding divorce in Washington and Oregon is not as extensive as you may think, despite the fact that Washington is a “Community Property” state; and Oregon is an “Equitable Division” state. Both states require a division of property that is “just and equitable” under the circumstances. That means that in both states, the court has the authority to consider and divide assets a party owned even before the marriage. Parenting Plans in Washington and Oregon are fairly consistent with regard to regular, weekly parenting time. However, Vancouver, Washington courts will generally award the non-custodial parent parenting time for half of the summer, while Oregon courts generally award the non-custodial parent a two to three week block of summer parenting time. For those parties who agree to the terms of their divorce and want to have their divorce finalized quickly, Oregon is the best bet. Although both states have 90 day waiting period, couples who have signed an agreed judgment of divorce can waive the 90 day waiting period, while in Washington, even a divorce that has been stipulated to by both parties cannot be finalized until the waiting period has expired.
New Bankruptcy Legislation Offers Increased Protections To Those Receiving Support Obligations
On April 20, 2005, Congress passed the Bankruptcy Abuse Prevention and Consumer
Protection Act of 2005 (“BAPCA”). BAPCA, set to take full effect on October 17, 2005,
will have wide-reaching effects on all people seeking protection under both Chapter 7 and
Chapter 13 of the Bankruptcy Code.
Although the legislation has been widely criticized because of its stricter requirements on
debtors seeking relief (such as the “means test” where those debtors with an income above the
state median may be forced out of Chapter 7 regardless of debt), the BAPCA has significantly
increased the protections to people who receive support payments from a debtor who is filing for
bankruptcy. The new legislation has broadened the definition of “domestic support obligations”
(the current law only includes support obligation such as alimony and child support, where the
BAPCA also includes non-support obligations such as property settlements) and has made those
obligations entirely non-dischargeable through the bankruptcy process. Now both support
obligations and non support-obligations owed to a child’s parent, legal guardian, responsible
relative, or a government agency are entirely non-dischargeable. This ultimately means that those
people filing bankruptcy with the primary objective of avoiding payment on a domestic relations
obligation will be unable to do so. Additionally, the BAPCA has increased the repayment
priority of domestic support obligations from the seventh priority to the first priority. Thus, if
there are significant areas on a support obligation, the person owed the obligation will be first in
line for repayment.
The BAPCA represents a sweeping change to the Bankruptcy Code. Although there are
both critics and proponents alike, the legislation has significantly increased protections for those
persons receiving payments and support through a domestic relations proceeding.
Protection Act of 2005 (“BAPCA”). BAPCA, set to take full effect on October 17, 2005,
will have wide-reaching effects on all people seeking protection under both Chapter 7 and
Chapter 13 of the Bankruptcy Code.
Although the legislation has been widely criticized because of its stricter requirements on
debtors seeking relief (such as the “means test” where those debtors with an income above the
state median may be forced out of Chapter 7 regardless of debt), the BAPCA has significantly
increased the protections to people who receive support payments from a debtor who is filing for
bankruptcy. The new legislation has broadened the definition of “domestic support obligations”
(the current law only includes support obligation such as alimony and child support, where the
BAPCA also includes non-support obligations such as property settlements) and has made those
obligations entirely non-dischargeable through the bankruptcy process. Now both support
obligations and non support-obligations owed to a child’s parent, legal guardian, responsible
relative, or a government agency are entirely non-dischargeable. This ultimately means that those
people filing bankruptcy with the primary objective of avoiding payment on a domestic relations
obligation will be unable to do so. Additionally, the BAPCA has increased the repayment
priority of domestic support obligations from the seventh priority to the first priority. Thus, if
there are significant areas on a support obligation, the person owed the obligation will be first in
line for repayment.
The BAPCA represents a sweeping change to the Bankruptcy Code. Although there are
both critics and proponents alike, the legislation has significantly increased protections for those
persons receiving payments and support through a domestic relations proceeding.
Sunday, April 3, 2011
New Child Support Credit: The College Savings Plan
With students once again heading off to college, it is a good time to review the new law which may apply to you if you pay child support and have established a higher education savings plan for your 18-21 year old child.
Generally, child support payments made to a child attending school must come directly out of your pocket each month. However, a new provision has been added to ORS 107.108, which applies to those parents paying child support for college students but who have also established a “higher education savings plan.” When this is the case, the new law allows a court to order that child support payments be made to the child from savings plan funds instead of ordering support payments to be paid directly out of your pocket.
Under the new statute, a “higher education savings plan” is a plan in which a tax-advantaged account has been established by a parent on behalf of a child for the purposes of paying qualified higher education expenses at eligible educational institutions. If you have a question about whether your higher education savings plan qualifies under this provision, contact your attorney or financial planner so the proper steps can be taken to utilize this new law for the benefit of both you and your child. Additional information on this topic is available at the Oregon Department of Justice – Division of Child Support website at http://dcs.state.or.us.
Generally, child support payments made to a child attending school must come directly out of your pocket each month. However, a new provision has been added to ORS 107.108, which applies to those parents paying child support for college students but who have also established a “higher education savings plan.” When this is the case, the new law allows a court to order that child support payments be made to the child from savings plan funds instead of ordering support payments to be paid directly out of your pocket.
Under the new statute, a “higher education savings plan” is a plan in which a tax-advantaged account has been established by a parent on behalf of a child for the purposes of paying qualified higher education expenses at eligible educational institutions. If you have a question about whether your higher education savings plan qualifies under this provision, contact your attorney or financial planner so the proper steps can be taken to utilize this new law for the benefit of both you and your child. Additional information on this topic is available at the Oregon Department of Justice – Division of Child Support website at http://dcs.state.or.us.
Never Be Ashamed to Say “Sorry”
Never be ashamed to say that you are sorry; you need only be ashamed if you haven’t the courage to muster an apology. All too often, we become overburdened and embarrassed by the idea that we have committed a transgression against someone, and are worried that the other person will think less of us. However, we would not be human if we did err from time to time. Although it may seem uncomfortable to tell someone you are sorry, the situation will undoubtedly become more uncomfortable if you remain silent.
Everyone—children, friends, co-workers, lovers, family— should receive an appropriate apology, no matter how difficult it may seem. Realizing that an apology is necessary shows the other person that you are thinking of them, and placing their needs before your own discomfort. Remembering this can help you to overcome any initial discomfort. What recipient of an apology wouldn’t be flattered to know that you think so highly of them as to offer an “I’m sorry?” However, offering an apology also shows that you value yourself, and don’t take yourself too seriously.
One of the most important lessons that you can teach your children is how to render an appropriate and timely apology. Spend time talking to them about the importance of the words “I’m sorry,” and discuss strategies for overcoming any fears that they may have offended someone else. In doing so, you will teach your children to always consider the needs of other people, while also teaching them to value themselves. Although it may seem difficult at first, your children will quickly learn that an appropriate apology will give them no cause for shame.
Everyone—children, friends, co-workers, lovers, family— should receive an appropriate apology, no matter how difficult it may seem. Realizing that an apology is necessary shows the other person that you are thinking of them, and placing their needs before your own discomfort. Remembering this can help you to overcome any initial discomfort. What recipient of an apology wouldn’t be flattered to know that you think so highly of them as to offer an “I’m sorry?” However, offering an apology also shows that you value yourself, and don’t take yourself too seriously.
One of the most important lessons that you can teach your children is how to render an appropriate and timely apology. Spend time talking to them about the importance of the words “I’m sorry,” and discuss strategies for overcoming any fears that they may have offended someone else. In doing so, you will teach your children to always consider the needs of other people, while also teaching them to value themselves. Although it may seem difficult at first, your children will quickly learn that an appropriate apology will give them no cause for shame.
Thursday, March 31, 2011
Better Early Than Late - Better Late Than Never
Most people have heard of a prenuptial or premarital agreement. This is a contract signed by the husband and wife prior to marriage which sets forth their rights in the marriage, and in most cases, in the event of a separation or divorce. A prenuptial agreement outlines how property will be divided and may address spousal support. Oregon law recognizes and favors prenuptial agreements, and has enacted a set of statutes specifically dealing with the creation and enforcement of prenuptial agreements.
After two individuals marry, it is no longer possible to enter into a prenuptial agreement. Instead, spouses have the option of entering into a similar type of agreement, the postnuptial agreement. As the name indicates, this agreement is a contract between spouses, regarding their specific rights in the marriage and any divorce, entered into after the parties are married. These agreements, like prenuptial agreements, often attempt to set forth the property rights of the parties as well as define support rights. However, unlike prenuptial agreements there is not a specific statutory scheme sanctioning and defining postnuptial agreements. This important distinction was pointed out by the Court of Appeals in the recent case, Grossman and Grossman.
In Grossman, the Court of Appeals held that postnuptial agreements do not fall into the specific statutory rules regarding prenuptial agreements. Further, postnuptial agreements should be scrutinized for fairness even more so than prenuptial agreements due to the expectations in the relationship between husbands and wives. This is a higher burden than that placed on couples who are considering marriage when entering into a prenuptial agreement. Ultimately, the courts can refuse to follow the postnuptial agreement of the parties if the court deems it to be unjust or unfair. In so deciding, the Court of Appeals has not said that postnuptial agreements are unenforceable, but has raised the bar, making a postnuptial agreement more difficult to enforce.
After two individuals marry, it is no longer possible to enter into a prenuptial agreement. Instead, spouses have the option of entering into a similar type of agreement, the postnuptial agreement. As the name indicates, this agreement is a contract between spouses, regarding their specific rights in the marriage and any divorce, entered into after the parties are married. These agreements, like prenuptial agreements, often attempt to set forth the property rights of the parties as well as define support rights. However, unlike prenuptial agreements there is not a specific statutory scheme sanctioning and defining postnuptial agreements. This important distinction was pointed out by the Court of Appeals in the recent case, Grossman and Grossman.
In Grossman, the Court of Appeals held that postnuptial agreements do not fall into the specific statutory rules regarding prenuptial agreements. Further, postnuptial agreements should be scrutinized for fairness even more so than prenuptial agreements due to the expectations in the relationship between husbands and wives. This is a higher burden than that placed on couples who are considering marriage when entering into a prenuptial agreement. Ultimately, the courts can refuse to follow the postnuptial agreement of the parties if the court deems it to be unjust or unfair. In so deciding, the Court of Appeals has not said that postnuptial agreements are unenforceable, but has raised the bar, making a postnuptial agreement more difficult to enforce.
The Value of Thank You Substance vs. Form
On a basic level it is appropriate to acknowledge and show appreciation for kindnesses which are extended to you. How one expresses thanks is secondary. The more meaningful aspect is to convey gratitude in a way that makes it all about the giver.
Appreciation should be communicated in a timely manner. Whether one makes a call, sends an email or jots a note is immaterial. The message is key. Be sure that your comments acknowledge the giver’s thoughtfulness and efforts. Tell him or her how much the gift or gesture means to you. The end product of all this is to maximize the contentment of the giver and, by doing so, to fortify the relationship between the parties.
Giving is so much more about relationships than it is about gifts or gestures. For those who wish to cultivate strong relationships, substance is always more important than style.
Remember a thank you in any form is always best. Its value goes far beyond the exchange which prompts it. Mark Twain once said, “Kindness is the language which the deaf can hear and the blind can see.” Such a treasure must always be acknowledged.
Appreciation should be communicated in a timely manner. Whether one makes a call, sends an email or jots a note is immaterial. The message is key. Be sure that your comments acknowledge the giver’s thoughtfulness and efforts. Tell him or her how much the gift or gesture means to you. The end product of all this is to maximize the contentment of the giver and, by doing so, to fortify the relationship between the parties.
Giving is so much more about relationships than it is about gifts or gestures. For those who wish to cultivate strong relationships, substance is always more important than style.
Remember a thank you in any form is always best. Its value goes far beyond the exchange which prompts it. Mark Twain once said, “Kindness is the language which the deaf can hear and the blind can see.” Such a treasure must always be acknowledged.
Monday, March 28, 2011
Find Success in Summer Work
While landing a first job may involve a bit of luck for your child, keeping it involves more than mere good fortune. Every summer many young people learn what else is involved in surviving that first week in the real world of employment.
An orientation session in which your child is introduced to the company, the building and employee policies will most likely kickoff their first day. Your child will be required to complete federal and state tax forms and to furnish appropriate identification materials. Afterward, it’s time to settle into the assigned work area and get started.
Urge your child to make a good first impression by dressing properly and arriving promptly and equipped with the right tools for the job. Coach your child on the importance of a positive attitude and team building skills. There is no better introduction to fellow workers than an offer to pitch in and help whenever possible. Stress the importance of following through on assignments and taking pride in accomplishments. Coax him or her to embrace challenge, accept responsibility and resist using unearned perks or privileges.
With proper parental guidance and support your child will optimize his or her chances for a successful work experience, which will serve as a great reference builder for your child’s future. Samuel Goldwyn once said, “The harder I work, the luckier I get.” Ideally your child will feel very lucky by summer’s end.
An orientation session in which your child is introduced to the company, the building and employee policies will most likely kickoff their first day. Your child will be required to complete federal and state tax forms and to furnish appropriate identification materials. Afterward, it’s time to settle into the assigned work area and get started.
Urge your child to make a good first impression by dressing properly and arriving promptly and equipped with the right tools for the job. Coach your child on the importance of a positive attitude and team building skills. There is no better introduction to fellow workers than an offer to pitch in and help whenever possible. Stress the importance of following through on assignments and taking pride in accomplishments. Coax him or her to embrace challenge, accept responsibility and resist using unearned perks or privileges.
With proper parental guidance and support your child will optimize his or her chances for a successful work experience, which will serve as a great reference builder for your child’s future. Samuel Goldwyn once said, “The harder I work, the luckier I get.” Ideally your child will feel very lucky by summer’s end.
Utilizing a Parenting Time Coordinator
A new trend for high conflict families is starting in Oregon: the parenting-time coordinator (PTC). A PTC is appointed by the court to help parents resolve disputes over parenting time and other general children’s issues following a divorce. The PTC is usually a social worker or therapist specializing in family relations. This person may serve many functions: mediator, counselor, and advisor. In most cases the PTC has the ability to make recommendations to the court in the event the parties are unable to reach an agreement. These recommendations are often given substantial weight by the court. Oregon Law prevents the parties from depriving the court’s ultimate authority in deciding issues related to children. Thus, the PTC does not have authority to make final decisions. Nonetheless, broad powers can be given to the PTC. Often the PTC reviews communications between the parties, settles parenting time disputes, designs parent “training” programs, and offers insight to parenting and communication between the parties. A PTC may need to “read the riot act” to a parent who is behaving inappropriately and may later testify or submit a written recommendation to the court.
The heart of the PTC’s job is to facilitate the parents’ ability to reach good decisions regarding their children. Many parents can do this without the need for a parenting-time coordinator; however, in some high conflict families the PTC may prove invaluable. Of course, there can be downsides to using a PTC. Most notably is cost; each time the PTC is utilized, a fee is charged. It may also create a dynamic whereby the parties do not learn to communicate with each other without involving the PTC. Also, the PTC may not be able to resolve all of the issues and litigation may still ensue. While a PTC may not be appropriate for most cases, a PTC can be extremely helpful in high conflict cases to ensure the best outcome for children.
The heart of the PTC’s job is to facilitate the parents’ ability to reach good decisions regarding their children. Many parents can do this without the need for a parenting-time coordinator; however, in some high conflict families the PTC may prove invaluable. Of course, there can be downsides to using a PTC. Most notably is cost; each time the PTC is utilized, a fee is charged. It may also create a dynamic whereby the parties do not learn to communicate with each other without involving the PTC. Also, the PTC may not be able to resolve all of the issues and litigation may still ensue. While a PTC may not be appropriate for most cases, a PTC can be extremely helpful in high conflict cases to ensure the best outcome for children.
Thursday, March 24, 2011
Five Tips for Saving Time
As the weather gets warmer, it seems as if schedules get busier. From softball games to corporate picnics and family vacations, our days become so filled with activities that the lazy days of summer pass us by. So try these quick and easy time saving tips to better enjoy the months ahead.
1.) Get a head start. Write down your daily goals the night before for stress-free mornings.
2.) Keep up with daily correspondence. Don’t get caught in a backlog of e-mails. Schedule 15 minutes everyday to monitor your in-box. Use advanced functions such as filters and flags to organize your incoming messages.
3.) Put things away. Although it sounds simple to put things in their place when you are done using them, author James Gleick writes that on any given day “Americans spend 16 minutes looking for things they ́ve lost.” That’s 90 hours per year!
4.) Safeguard your peak performance time. Yes, it’s true some of us are morning people while others can burn the midnight oil! “Identify this peak time and protect it for your highest priorities.”
5.) Remember personal time isn’t free. Although it may sound simple, by calling our personal time “free,” we make it available to outside people and projects. Remember to use personal time for individual needs.
1.) Get a head start. Write down your daily goals the night before for stress-free mornings.
2.) Keep up with daily correspondence. Don’t get caught in a backlog of e-mails. Schedule 15 minutes everyday to monitor your in-box. Use advanced functions such as filters and flags to organize your incoming messages.
3.) Put things away. Although it sounds simple to put things in their place when you are done using them, author James Gleick writes that on any given day “Americans spend 16 minutes looking for things they ́ve lost.” That’s 90 hours per year!
4.) Safeguard your peak performance time. Yes, it’s true some of us are morning people while others can burn the midnight oil! “Identify this peak time and protect it for your highest priorities.”
5.) Remember personal time isn’t free. Although it may sound simple, by calling our personal time “free,” we make it available to outside people and projects. Remember to use personal time for individual needs.
Step Parent Visitation After Divorce
By Craig Wymetalek
Blended families are common today as new spouses often bring one or more children into a marriage, merging two families. Sometimes, the new step-parent becomes the “mother” or the “father” figure for a child, or may be the only mother or father the child has ever known. What happens to these relationships after a divorce? Does the divorce mean a severance of the relationship between a child and step-parent as well?
The Court of Appeals addressed this issue last year in a case called Van Driesche. In this case, the stepfather sought visitation with the mother’s child, age 4. Stepfather had been the only father the child had known and mother had encouraged a parent- child relationship. The trial court awarded stepfather parenting time citing the “child- parent relationship” between step-father and the child. The Court of Appeals reversed the trial court’s decision and denied the stepfather visitation, citing the mother’s right under the U.S. Constitution to make decisions regarding the associations of her child absent evidence that the child would be harmed. At trial, the stepfather failed to provide evidence, other than his opinion, that the child would be harmed if visitation was not allowed. Without evidence of harm and in light of evidence showing that the mother and the stepfather at times had a violent relationship, the Court of Appeals found that visitation by the stepfather was not in the best interest of the child.
This does not mean that no step-parent will ever be awarded visitation. Upon showing that the step-parent and child have a “parent-child relationship” and that the child would be subject to a serious risk of harm (emotional or otherwise) if the relationship was not continued, the Court may order appropriate visitation to the step- parent. If you are in this situation, you should discuss the specific facts of your case in detail with your attorney.
Blended families are common today as new spouses often bring one or more children into a marriage, merging two families. Sometimes, the new step-parent becomes the “mother” or the “father” figure for a child, or may be the only mother or father the child has ever known. What happens to these relationships after a divorce? Does the divorce mean a severance of the relationship between a child and step-parent as well?
The Court of Appeals addressed this issue last year in a case called Van Driesche. In this case, the stepfather sought visitation with the mother’s child, age 4. Stepfather had been the only father the child had known and mother had encouraged a parent- child relationship. The trial court awarded stepfather parenting time citing the “child- parent relationship” between step-father and the child. The Court of Appeals reversed the trial court’s decision and denied the stepfather visitation, citing the mother’s right under the U.S. Constitution to make decisions regarding the associations of her child absent evidence that the child would be harmed. At trial, the stepfather failed to provide evidence, other than his opinion, that the child would be harmed if visitation was not allowed. Without evidence of harm and in light of evidence showing that the mother and the stepfather at times had a violent relationship, the Court of Appeals found that visitation by the stepfather was not in the best interest of the child.
This does not mean that no step-parent will ever be awarded visitation. Upon showing that the step-parent and child have a “parent-child relationship” and that the child would be subject to a serious risk of harm (emotional or otherwise) if the relationship was not continued, the Court may order appropriate visitation to the step- parent. If you are in this situation, you should discuss the specific facts of your case in detail with your attorney.
Deducting Your Divorce Fees
As April 15th fast approaches, it is important to remember that certain attorney fees are deductible on your tax return. This can result in a substantial savings to you.
Although the general rule is that the fees paid to attorneys, accountants, appraisers, and other experts in connection with divorce, child custody, and paternity matters are not tax deductible, there are instances where professional fees are deductible.
For example, since ordinary and necessary expenses paid or incurred for collection of income during the taxable year may be deductible, you may be able to deduct fees incurred in obtaining spousal support, or in collecting delinquent spousal support. Accountants’, appraisers’, actuary, or vocational counselors’ fees are tax deductible to the extent their work involves obtaining spousal support. Fees and costs in connection with spousal support modification proceedings are also tax deductible.
Certain business expenses that are ordinary and necessary in the conduct of business are also deductible. Although divorce-related attorneys’ fees are not considered a deductible business expense, in certain instances, attorneys’ fees incurred in connection with a divorce may be deductible as miscellaneous itemized deductions on your individual tax return. There are limits on the deductions, however, and they are also subject to the alternative minimum tax.
Ask your accountant about deductions that you may be entitled to. It could make for a happier April 15th than you anticipate!
Although the general rule is that the fees paid to attorneys, accountants, appraisers, and other experts in connection with divorce, child custody, and paternity matters are not tax deductible, there are instances where professional fees are deductible.
For example, since ordinary and necessary expenses paid or incurred for collection of income during the taxable year may be deductible, you may be able to deduct fees incurred in obtaining spousal support, or in collecting delinquent spousal support. Accountants’, appraisers’, actuary, or vocational counselors’ fees are tax deductible to the extent their work involves obtaining spousal support. Fees and costs in connection with spousal support modification proceedings are also tax deductible.
Certain business expenses that are ordinary and necessary in the conduct of business are also deductible. Although divorce-related attorneys’ fees are not considered a deductible business expense, in certain instances, attorneys’ fees incurred in connection with a divorce may be deductible as miscellaneous itemized deductions on your individual tax return. There are limits on the deductions, however, and they are also subject to the alternative minimum tax.
Ask your accountant about deductions that you may be entitled to. It could make for a happier April 15th than you anticipate!
Monday, March 21, 2011
Do Support Payments End with Retirement?
The retirement of a person paying does not automatically end the payment of support. However, depending on the financial circumstances of the parties, a Court may stop or reduce support based upon the good-faith retirement of the paying party. One big question as to whether support should be modified is whether the ability to pay support by the paying party, or the needs of the receiving party, has changed following retirement. If by retiring, the paying party’s income significantly decreases, a reduction or possibly stopping support is appropriate. If the party receiving support is also eligible to receive benefits, the Court will examine whether those benefits replace the need for support. However, in order to be eligible to modify support, the retiring party must retire in “good faith”. The purpose of the retirement cannot be to avoid the support obligation.
A Court may examine the circumstances of the retirement, including age, whether the retirement was voluntary or involuntary, work histories, and the financial resources at the time of retirement. For example, a Court would probably find that the retirement of a 63-year-old vice-president of marketing was in good-faith, but would more carefully scrutinize the retirement of a 44-year-old computer programmer. A retirement must make sense under the circumstances and not be for the primary purpose of avoiding payment of support.
Still, the most important part of this analysis is how does the retirement affect both parties financially. If retirement does not create a significant change in the ability of the paying party to pay or there is no showing of a change in needs for the receiving party, the paying party may have to pay support out of the retirement benefits received. If you are in this situation (or your ex-spouse is) or will be in the near future, you should discuss the impact of the retirement or planned retirement with your attorney.
A Court may examine the circumstances of the retirement, including age, whether the retirement was voluntary or involuntary, work histories, and the financial resources at the time of retirement. For example, a Court would probably find that the retirement of a 63-year-old vice-president of marketing was in good-faith, but would more carefully scrutinize the retirement of a 44-year-old computer programmer. A retirement must make sense under the circumstances and not be for the primary purpose of avoiding payment of support.
Still, the most important part of this analysis is how does the retirement affect both parties financially. If retirement does not create a significant change in the ability of the paying party to pay or there is no showing of a change in needs for the receiving party, the paying party may have to pay support out of the retirement benefits received. If you are in this situation (or your ex-spouse is) or will be in the near future, you should discuss the impact of the retirement or planned retirement with your attorney.
Thursday, March 17, 2011
Ticket to a Hassle-Free Spring Break
With school break approaching, many families are making travel plans. Many parents are surprised to learn that seasoned divorced parents add their divorce decree or a travel authorization to their packing checklist. While not considered essential travel documents to most, these papers are becoming as important as tickets and passports for international travel.
Some airlines require forms of authorization before allowing one parent to take a child out of the country. This precautionary measure is designed to aid in the fight against child abductions and may be enforced regardless as to whether the parents are married, separated, or divorced.
As you pack, tuck in a copy of your divorce decree and parenting plan. If you are traveling abroad, have the non- traveling parent sign a notarized statement giving permission to take the child abroad. The statement should also include the names, ages, and birthdays of all traveling children as well as the dates and destinations of travel. Third, call the airline or travel agent to ask what other forms of documentation might be required.
The most important thing to remember is to have fun once you arrive. Following these tips can help ensure that you actually get to your destination; it’s up to you what to do when you get there!
Some airlines require forms of authorization before allowing one parent to take a child out of the country. This precautionary measure is designed to aid in the fight against child abductions and may be enforced regardless as to whether the parents are married, separated, or divorced.
As you pack, tuck in a copy of your divorce decree and parenting plan. If you are traveling abroad, have the non- traveling parent sign a notarized statement giving permission to take the child abroad. The statement should also include the names, ages, and birthdays of all traveling children as well as the dates and destinations of travel. Third, call the airline or travel agent to ask what other forms of documentation might be required.
The most important thing to remember is to have fun once you arrive. Following these tips can help ensure that you actually get to your destination; it’s up to you what to do when you get there!
Monday, March 14, 2011
Who Pays For College?
Divorcing parents often ask who pays for college following a divorce. In Oregon, the answer is that both parents can be responsible for helping contribute to the post-high school educational expenses for a child between the ages of 18 and 21. These expenses can include tuition, books, room and board, insurance, travel and other basic expenses. There are loose rules regarding how those expenses are divided between the parents, and the rules may differ from county to county and judge to judge and have been a subject of enthusiastic discussion over the past few weeks.
A recent Court of Appeals case, Cain v. Gilbert, discussed some of the criteria a court should consider. First, what are the reasonable expenses for a child attending school? Courts often look to the average expenses for a state school such as University of Oregon or Oregon State University to determine what is reasonable. The court also looks at whether one parent contributes in a non-financial way (such as having the child live with him or her during school). Secondly, the Court looks to the available resources of the parents as well as the needs of the other children. Third, the Court looks to other available resources such as scholarships, college funds, student loans, and whether the child can work while attending school. Courts often begin with the Oregon Child Support Guidelines as a basis and then add certain expenses to come up with a total support obligation. This obligation is then divided between the parents in some manner which the Court determines to be fair. Keep in mind that support might be paid directly to the child and can be owed by both parents. The child also has certain responsibilities by which her or she must abide to continue receiving support, including staying enrolled at least half-time and maintaining at least a “C” average.
Planning to provide for your children’s post-high school education is difficult enough—a divorce can complicate things further. It is important to talk to your attorney about various plans to provide reasonable support for your child who is in college or about to enter college. After all, this is an investment in your children.
A recent Court of Appeals case, Cain v. Gilbert, discussed some of the criteria a court should consider. First, what are the reasonable expenses for a child attending school? Courts often look to the average expenses for a state school such as University of Oregon or Oregon State University to determine what is reasonable. The court also looks at whether one parent contributes in a non-financial way (such as having the child live with him or her during school). Secondly, the Court looks to the available resources of the parents as well as the needs of the other children. Third, the Court looks to other available resources such as scholarships, college funds, student loans, and whether the child can work while attending school. Courts often begin with the Oregon Child Support Guidelines as a basis and then add certain expenses to come up with a total support obligation. This obligation is then divided between the parents in some manner which the Court determines to be fair. Keep in mind that support might be paid directly to the child and can be owed by both parents. The child also has certain responsibilities by which her or she must abide to continue receiving support, including staying enrolled at least half-time and maintaining at least a “C” average.
Planning to provide for your children’s post-high school education is difficult enough—a divorce can complicate things further. It is important to talk to your attorney about various plans to provide reasonable support for your child who is in college or about to enter college. After all, this is an investment in your children.
Thursday, March 10, 2011
The Selfish Little Secret
Imagine it: you wake before six a.m. to start your day, prepare your family and yourself for work and school, arrive, work a long shift and return home to continue family duties and eventually nod off to sleep, only to wake the next day and repeat. With a few variations, this cycle becomes the common American life. The problem with this schedule is that it does not allow any personal time to rejuvenate from life’s stress. After enough time, anyone can burn out physically, mentally or socially.
Yoga is an excellent solution to avoiding personal burn out. Increased flexibility and circulation barely begin to describe the list of physiological health benefits of practicing yoga. It is known to improve one’s posture, reduce pain and increase endurance and strength.
Yoga provides something else greatly needed by those on the path to burnout: time to focus on the self. The most surprising part to a new yoga enthusiast might be how happy he or she is just to spend an hour focused solely on “me.” It allows time for releasing stress and truly relaxing the body and soothing the mind.
The breadth of variation between instructors and styles only increases its ability to be an effective life enhancer for many people across the globe, regardless of overall flexibility, body type or age. It is never too early or too late to add yoga to your life. Try it—you might discover it becomes your selfish little secret!
Yoga is an excellent solution to avoiding personal burn out. Increased flexibility and circulation barely begin to describe the list of physiological health benefits of practicing yoga. It is known to improve one’s posture, reduce pain and increase endurance and strength.
Yoga provides something else greatly needed by those on the path to burnout: time to focus on the self. The most surprising part to a new yoga enthusiast might be how happy he or she is just to spend an hour focused solely on “me.” It allows time for releasing stress and truly relaxing the body and soothing the mind.
The breadth of variation between instructors and styles only increases its ability to be an effective life enhancer for many people across the globe, regardless of overall flexibility, body type or age. It is never too early or too late to add yoga to your life. Try it—you might discover it becomes your selfish little secret!
Making Your Deal Stick
You and your spouse have independently reached an agreement as to how to settle your divorce case or your parenting time/custody issue. You are both in agreement, at least for the moment, but you have concerns that your spouse may change his or her mind and back out of the deal. What can you do? There are two statutory provisions that can provide assistance, but you must meet certain requirements in order to obtain assistance from the Court. Oregon Revised Statutes 107.104 and 107.135(13) provide mechanisms that allow the Court to enforce agreements between the parties as if they were Court orders, using both contract and contempt remedies. However, in order to use these provisions, which pertain to both original divorce actions and modifications, the agreement must be in one of three forms: (1) a form of order signed by the parties (but not yet signed by the Court); (2) a settlement on the record (an oral agreement before a judge); or (3) a marital settlement agreement signed by the parties (a written contract signed reflecting the agreement). In at least one Court of Appeals case, a contract between the parties was enforced even though it was not reduced to a single written agreement, but it was clear that the parties had reached an agreement. It is not necessary that all of the details are worked out as long as the essential terms are clearly defined.
If an agreement is reached, the parties should attempt to get the agreement reduced to a signed written agreement or recite the agreement on the Court record to ensure that it is enforceable. It should be noted that if these steps are not taken, the other party is free to back out of the agreement, although doing so may result in an award of attorney fees later on. Protect yourself. Get your agreements in writing or put them on the record.
If an agreement is reached, the parties should attempt to get the agreement reduced to a signed written agreement or recite the agreement on the Court record to ensure that it is enforceable. It should be noted that if these steps are not taken, the other party is free to back out of the agreement, although doing so may result in an award of attorney fees later on. Protect yourself. Get your agreements in writing or put them on the record.
Tuesday, March 8, 2011
Oregon Business Magazine Selects Stahancyk, Kent & Hook as One of the Top 100 Best Companies to Work for in Oregon
Stahancyk, Kent & Hook is proud to be included on Oregon Business Magazine's 2011 list of the 100 Best Companies to Work For in Oregon. The 100 Best Companies are chosen by employee surveys and a benefits report from each company in the running. With nearly 14,000 employees participating this year, this selection is a testament to Stahancyk, Kent & Hook's employees and their dedication to excellence.
Monday, March 7, 2011
A New Philosophy for a New Year
There are more people out walking and running during early January than at any other time of the year. They are usually the ones who resolved to get in shape. Then the holidays end and they get back into old routines. Work starts back up, students go back to school and there are fewer and fewer people out exercising. The resolutions stop dead in their tracks.
New resolutions often don’t fit into our old lives. If, for example, you resolve to walk a mile a day, but the rest of your free time is spent eating junk food in front of the television, your resolve to walk each day would quickly fade. Even if you were to keep that resolution, it would mean very little. The benefits of daily exercise would be lost in a sea of sloth.
What you need are not isolated resolutions, but changes in personal philosophies that give you a new way of seeing yourself. Resolve not to walk each day, but to live a healthier lifestyle.
For your resolution, come up with a broad goal. Maybe you want to be a healthier person, a better worker or parent. Examine what you do in a typical day to see what helps you toward your goal and what stands in your way and then work on removing obstacles. For example, try replacing an hour of television with an hour of exercise; go to sleep earlier so you can wake up earlier and be at work rested and on time; take a trip with family instead of friends.
Change the focus of your life, not just one part of your day. Don’t let old habits keep you from achieving your new resolutions.
New resolutions often don’t fit into our old lives. If, for example, you resolve to walk a mile a day, but the rest of your free time is spent eating junk food in front of the television, your resolve to walk each day would quickly fade. Even if you were to keep that resolution, it would mean very little. The benefits of daily exercise would be lost in a sea of sloth.
What you need are not isolated resolutions, but changes in personal philosophies that give you a new way of seeing yourself. Resolve not to walk each day, but to live a healthier lifestyle.
For your resolution, come up with a broad goal. Maybe you want to be a healthier person, a better worker or parent. Examine what you do in a typical day to see what helps you toward your goal and what stands in your way and then work on removing obstacles. For example, try replacing an hour of television with an hour of exercise; go to sleep earlier so you can wake up earlier and be at work rested and on time; take a trip with family instead of friends.
Change the focus of your life, not just one part of your day. Don’t let old habits keep you from achieving your new resolutions.
Thursday, March 3, 2011
Keep More Tax Dollars in Your Pocket
As tax season approaches, parties going through a divorce should pay particular attention to the practical side of divorce and taxes. There are a number of tax related issues that should be considered in a divorce. Who will claim the children as exemptions? How will any future or past joint tax liability be divided? If a refund is coming, how will it be shared? Should stock options be exercised immediately or held? Who will pay the property tax on the family home? Is there any tax penalty for cashing out an IRA to pay the equalizing judgment? Would using non-taxable spousal support be helpful? There are a number of questions that need to be addressed regarding taxes. Each situation differs and you should discuss these issues with both your attorney and a CPA. A CPA can even help you run different tax scenarios to help determine the possible outcomes of different settlement options. Use your attorney and a CPA in concert to make sure that your tax concerns are met. A deal that looks good on paper may not be so appealing when the tax implications are examined, while on the other hand, good tax planning can open the door to some creative settlement solutions.
It Takes Two...
It will soon be back to school time for the children. For newly divorced parents, school can be a difficult subject. Regardless of joint or sole custody, each parent has the right to be involved with their child’s school activities absent a court order to the contrary, such as a FAPA restraining order.
Ideally, each parent should be responsible for gathering important school dates, such as parent teacher conferences or field trips. However, there can be miscommunications with regard to a parent address with the school and often, one parent is not receiving the same information as the other parent. To make both communication with the other parent and parenting time exchanges less difficult, parents of a school aged child should talk about upcoming events. If talking to the other parent is still difficult, write an e-mail about the important dates at the school. Remember that your child should never be the messenger of this information!
The more involved both parents are at school, the greater chance that their child will excel.
Ideally, each parent should be responsible for gathering important school dates, such as parent teacher conferences or field trips. However, there can be miscommunications with regard to a parent address with the school and often, one parent is not receiving the same information as the other parent. To make both communication with the other parent and parenting time exchanges less difficult, parents of a school aged child should talk about upcoming events. If talking to the other parent is still difficult, write an e-mail about the important dates at the school. Remember that your child should never be the messenger of this information!
The more involved both parents are at school, the greater chance that their child will excel.
Monday, February 28, 2011
New Divorce Expense
The cost of divorce has just gone up for some. Many types of retirement accounts require special court orders known as Qualified Domestic Relations Orders (QDROs) to divide up accounts. This has been an expense for some time, usually costing between $300 to $1000 per QDRO. The QDRO rules are in response to federal policy making which recently changed. Previously, retirement plans could not charge for the cost of implementing the QDRO, but under recent policy changes, those costs can be passed on to the account owner. These fees can add additional expenses of hundreds or even thousands of dollars on the cost of dividing retirement plans in a divorce. This is incentive for parties when dividing retirement plans to see if there are ways to cut down on the number of QDROs to equalize retirements. For example, rather than dividing all of the plans equally, it may be better to take an unequal share out of one retirement to equalize all of the plans, thus requiring fewer QDROs and thus fewer attorney fees and fees charged by the retirement plan itself. Additionally, if QDROs are needed, it might be a good idea to include language in the judgment regarding the division of any fees charged by the retirement plan. With increasing costs in transferring retirement assets, good QDRO planning may make it possible to reduce some of those expenditures.
Thursday, February 24, 2011
As Children Grow, Court Reviews Parenting Time
The Oregon Court of Appeals’ recent decision in Shelton and Shelton addresses a family’s changing needs after remarriage, relocation, and the passage of time. After the dissolution of their marriage, the parties shared joint custody of their two children, with Mother as the primary residential parent. For eight years, Father enjoyed regular parenting time beginning every Thursday at 5 p.m. and continuing until Saturday evening or Sunday morning. In August 2001, Mother filed for modification, seeking a different parenting schedule. The children were now teenagers involved in various activities, each parent had remarried, and Mother had moved 24 miles away from Father’s residence. Both parties agreed that a modification was warranted to serve their children’s best interests. However, they disagreed on the new schedule.
Father’s appeal challenged the decision reducing his parenting time despite the evaluator’s recommendation that Father continue to have a “large number of overnights” with the children, albeit without a lot of “back and forth.” The trial court, while recognizing that its modified plan would leave Father with fewer overnights, refused to give Father any mid-week overnights, instead granting him alternate weekends and a four hour evening slot every other week. On appeal, Father asserted that his visits should be longer and more frequent. The Court of Appeals agreed, and modified the schedule to provide Father parenting time from Wednesday night to Sunday night every other week, and from Wednesday after school until Thursday morning during the alternate weeks.
Father’s appeal challenged the decision reducing his parenting time despite the evaluator’s recommendation that Father continue to have a “large number of overnights” with the children, albeit without a lot of “back and forth.” The trial court, while recognizing that its modified plan would leave Father with fewer overnights, refused to give Father any mid-week overnights, instead granting him alternate weekends and a four hour evening slot every other week. On appeal, Father asserted that his visits should be longer and more frequent. The Court of Appeals agreed, and modified the schedule to provide Father parenting time from Wednesday night to Sunday night every other week, and from Wednesday after school until Thursday morning during the alternate weeks.
Monday, February 21, 2011
When Murphy’s Law Hits:
Plans don’t always turn out the way you think they will. Sometimes they end up better, sometimes worse. Occasionally even the most careful planning takes you to a completely different place than where you thought you would be. Anything can happen. The important thing is that you keep making plans, setting goals and working toward them.
Goal-setting is an art form for which a few simple rules are helpful. Decide what you want and commit to the goals you set. If a goal exists only in your head it is too easy to abandon. Write down your goal in positive terms, construct detailed instructions to carry it out and be sure one goal does not contradict others that you’ve set. Getting your goal “out there” on a piece of paper and/or into the minds of others is a powerful first step toward realization.
Next, be willing to be flexible with your goals. They may not always turn out the way you want. Don’t be so stubborn that you hang onto goals when they are obviously heading toward a detour or even a dead end. Goal-setting can be a powerful and ongoing source of self development provided ... you listen to its message.
Goal-setting is an art form for which a few simple rules are helpful. Decide what you want and commit to the goals you set. If a goal exists only in your head it is too easy to abandon. Write down your goal in positive terms, construct detailed instructions to carry it out and be sure one goal does not contradict others that you’ve set. Getting your goal “out there” on a piece of paper and/or into the minds of others is a powerful first step toward realization.
Next, be willing to be flexible with your goals. They may not always turn out the way you want. Don’t be so stubborn that you hang onto goals when they are obviously heading toward a detour or even a dead end. Goal-setting can be a powerful and ongoing source of self development provided ... you listen to its message.
Thursday, February 17, 2011
The Overlooked Asset
Everyone could benefit from having an additional asset in his or her estate. Social security may be that asset for you. We all dream of being financially comfortable during our “golden years,” and many people overlook their spouse’s social security benefits as a potential stream of income after retirement. Because state courts do not have the authority to dispose of social security benefits, those benefits are not included in the marital estate to be divided in a divorce. Many people are unaware that a divorce does not sever their right to collect social security benefits based on their ex-spouse’s work history.
You may still qualify to receive your ex-spouse’s benefits if:
a) You were married to your ex-spouse for at least ten years; and
b) You have not remarried (or your subsequent marriage has ended); and
c) You are not eligible for an equal or higher benefit on your on social
security record or on someone else’s record.
If you meet each of the criteria listed above, you can receive benefits at age 62. Social security, if it is still in place when you are 62, may provide an additional stream of income. Don’t overlook this potential for additional income as you plan for your financial future.
Monday, February 14, 2011
Choosing a Child Therapist
When parents split up, it causes tremendous emotional upheaval for children. Even if the split is amicable, the dramatic change in the family structure and everyday life of the children can cause confusion, anger, sadness, depression, or other emotional difficulties.
This is where a child counselor can be indispensable in helping a child navigate the rough emotional waters of a parental separation.
Children of divorce often feel conflicted or even disloyal to one or both parents if they discuss their concerns. A good counselor can help them figure out how to do so in a comfortable and constructive fashion. Tips on how to find a counselor:
• Do your homework – get referrals, check references, look at the person’s experience in counseling children.
• Not everyone who claims to be a counselor is qualified, and not every qualified counselor is a good match for your child.
• Your attorney can help you in the selection of qualified and talented professionals with experience in dealing with children of divorce.
When children are involved in a divorce it is always important to put their needs first. A therapist can help to do this by providing an objective outlet for their feelings.
This is where a child counselor can be indispensable in helping a child navigate the rough emotional waters of a parental separation.
Children of divorce often feel conflicted or even disloyal to one or both parents if they discuss their concerns. A good counselor can help them figure out how to do so in a comfortable and constructive fashion. Tips on how to find a counselor:
• Do your homework – get referrals, check references, look at the person’s experience in counseling children.
• Not everyone who claims to be a counselor is qualified, and not every qualified counselor is a good match for your child.
• Your attorney can help you in the selection of qualified and talented professionals with experience in dealing with children of divorce.
When children are involved in a divorce it is always important to put their needs first. A therapist can help to do this by providing an objective outlet for their feelings.
Thursday, February 10, 2011
Beware & Be Aware:
Divorce may be the most emotionally overwhelming time in your life. During this challenging time, it can be hard not to give up and want the whole ordeal to just go away. Your attorney can help you survive your divorce in the best possible manner—and prevent you from making an impulsive decision you may later regret.
Davis v. Davis addressed this very issue. During divorce proceedings, Mrs. Davis was extremely distraught. She thought that if she gave her husband whatever he wanted, the divorce would soon be over. Against her attorney’s advice, Mrs. Davis signed an agreement giving up most of the assets. She later regretted her decision and moved to void the judgment, asserting that she was not mentally competent to sign the agreement.
The Court found that Mrs. Davis was “competent” or legally able to enter the agreement under current Oregon law. In Oregon, competency is determined based on the person’s ability to understand the consequences of the agreement. However, from Davis, a new standard is being reviewed that would test a person’s capacity to make reasonable decisions at the time of an agreement. Simply put, the new standard would surmise if the person was in some way under duress prior to making a decision. Further, the new standard would ascertain whether the opposing party was aware of the person’s inability to make the best decision.
Although the Davis opinion opened the door for a more expansive competency standard, Oregon law remains strict. Like Mrs. Davis, you may want to “get it over with,” but a little distance from the situation can go a long way. It’s best to play it safe and resist the impulse to settle until you’re sure you can live with the decision.
Monday, February 7, 2011
Hey! Where’s My Backpack?
It’s that time again. After a summer of sleeping in and flexible schedules, the alarm clock must once more be set. Whether your child is starting kindergarten or their senior year, getting ready for back to school can be stressful. Below are some suggestions to help both you and your child get off to a good start:
* First,why not take the guessing out of what school supplies your child might need? Check out the school website to see if the teacher has posted required supplies.
* If your child is younger, talk to him or her about what to expect on the first day of school. Be enthusiastic about the coming year. If you are excited and confident, your child will be, too.
* With younger children, saying goodbye can be hard for both parent and child. Acknowledge to your child that it’s hard to say good-bye, and remind them of the fun and exciting day and year that lies ahead. Most importantly, try to hold back your tears until your child is out of sight. After that, go ahead and let them flow!
* Nothing can send your morning routine into a tailspin more than missing socks or the dreaded wail of “What am I going to wear?” Try doing laundry the weekend before and then planning outfits for the week. Doing so will alleviate much of the stress of the hectic school week.
* Make lunches the night before. If your child is older, he or she can do this themselves. Younger children will enjoy helping mom or dad pack their lunch. It’s an activity that you can do together that again saves you time and stress in the morning.
* Finally, on the legal side, remember that if you are paying child support, you cannot deduct from your support obligation costs that you incur for back to school clothing or supplies. Likewise, if you are receiving child support, you cannot expect reimbursement outside of the child support payment for those costs. Of course, this is subject to any written agreements in your support order to the contrary.
Best regards to all the parents and children! We at SK&H wish you the best for a successful school year!
* First,why not take the guessing out of what school supplies your child might need? Check out the school website to see if the teacher has posted required supplies.
* If your child is younger, talk to him or her about what to expect on the first day of school. Be enthusiastic about the coming year. If you are excited and confident, your child will be, too.
* With younger children, saying goodbye can be hard for both parent and child. Acknowledge to your child that it’s hard to say good-bye, and remind them of the fun and exciting day and year that lies ahead. Most importantly, try to hold back your tears until your child is out of sight. After that, go ahead and let them flow!
* Nothing can send your morning routine into a tailspin more than missing socks or the dreaded wail of “What am I going to wear?” Try doing laundry the weekend before and then planning outfits for the week. Doing so will alleviate much of the stress of the hectic school week.
* Make lunches the night before. If your child is older, he or she can do this themselves. Younger children will enjoy helping mom or dad pack their lunch. It’s an activity that you can do together that again saves you time and stress in the morning.
* Finally, on the legal side, remember that if you are paying child support, you cannot deduct from your support obligation costs that you incur for back to school clothing or supplies. Likewise, if you are receiving child support, you cannot expect reimbursement outside of the child support payment for those costs. Of course, this is subject to any written agreements in your support order to the contrary.
Best regards to all the parents and children! We at SK&H wish you the best for a successful school year!
Monday, January 31, 2011
Kunze Decision Applied
Loyal readers of the SGR&K Insider will recall the Oregon Supreme Court decision in Kunze, which reaffirmed Oregon’s treatment of premarital assets, inherited assets, and the presumption that both spouses contributed equally to the acquisition of marital assets and property.
On August 11, 2004, the Oregon Court of Appeals released one of the first real applications of the Kunze analysis. In Owens-Koenig and Koenig, the parties disputed the trial court’s valuation and division of their retirement accounts and pensions. Specifically, the Court of Appeals ruled that:
(1) A retirement account including its appreciation received by one spouse in a prior divorce via Qualified Domestic Relations Order, should be considered a separate asset if it was not commingled with joint funds, neither party made contributions to the account, and if the spouse did not make recognized non-economic contributions during the marriage.
(2) Pensions are traditionally characterized as “defined benefit plans,” meaning that their value is based on a specific monthly dollar amount expected upon retirement. These are different from “defined contribution plans” such as a 401(k), in which the value is determined by the employee’s contributions.
(3) For defined benefit plans, the common method of determining the marital portion is through the “time rule,” which allocates a percentage of the plan earned during the marriage. For defined contribution plans, the common method is subtraction (the divorce value less the value at the time the parties married).
(4) In comparison to the approach taken with respect to item (1), the Court of Appeals ruled that the appreciation on the parties’ Individual Retirement Accounts should be shared equally since the accounts were partially funded during the marriage.
In summary, this case provides insight on legal interpretation and application of the law in a divorce, specifically when dealing with assets that may be separate and distinguished from those acquired through the joint efforts of the two parties.
On August 11, 2004, the Oregon Court of Appeals released one of the first real applications of the Kunze analysis. In Owens-Koenig and Koenig, the parties disputed the trial court’s valuation and division of their retirement accounts and pensions. Specifically, the Court of Appeals ruled that:
(1) A retirement account including its appreciation received by one spouse in a prior divorce via Qualified Domestic Relations Order, should be considered a separate asset if it was not commingled with joint funds, neither party made contributions to the account, and if the spouse did not make recognized non-economic contributions during the marriage.
(2) Pensions are traditionally characterized as “defined benefit plans,” meaning that their value is based on a specific monthly dollar amount expected upon retirement. These are different from “defined contribution plans” such as a 401(k), in which the value is determined by the employee’s contributions.
(3) For defined benefit plans, the common method of determining the marital portion is through the “time rule,” which allocates a percentage of the plan earned during the marriage. For defined contribution plans, the common method is subtraction (the divorce value less the value at the time the parties married).
(4) In comparison to the approach taken with respect to item (1), the Court of Appeals ruled that the appreciation on the parties’ Individual Retirement Accounts should be shared equally since the accounts were partially funded during the marriage.
In summary, this case provides insight on legal interpretation and application of the law in a divorce, specifically when dealing with assets that may be separate and distinguished from those acquired through the joint efforts of the two parties.
Friday, January 28, 2011
Military Service and Civil Law
In Central Oregon and across the state, Oregon National Guard and reserve units are being called to active duty. This activation and deployment of service members has an obvious and immediate effect on familial relationships as departing troops bid farewell to children, spouses, and parents. However, it can also have a significant legal impact on divorcing spouses and parenting time. These service members should know that federal regulations provide relief enabling them to complete their tour of duty without losing the opportunity to assert their legal rights in a family law case.
Congress created the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) during World War I to allow military personnel the opportunity to devote full attention to their service duties. To this end, the SSCRA postpones or suspends some of the civil obligations of these personnel during active duty, thus curing the service member’s inability to assert his or her legal rights in judicial proceedings that take place during his or her term of service. Civil judicial proceedings that are scheduled during the period of service or within sixty days thereafter are delayed until active duty personnel can appear and participate in the proceedings. The SSCRA’s protective reach extends to all active duty personnel, reserves, and National Guard members in active federal service. It also extends to service members’ dependents: those who rely on the service member for support and maintenance for necessities.
Because the SSCRA delays family law proceedings until the service member is able to appear in court, this regulation can have important ramifications for military families involved in litigation. The SSCRA may prolong the completion of your divorce, or prevent a modification of custody or parenting time until the service member returns from active duty. If you or the adverse party are active service members, your attorney will be able to advise you of the SSCRA’s effect on your case.
Congress created the Soldiers’ and Sailors’ Civil Relief Act (SSCRA) during World War I to allow military personnel the opportunity to devote full attention to their service duties. To this end, the SSCRA postpones or suspends some of the civil obligations of these personnel during active duty, thus curing the service member’s inability to assert his or her legal rights in judicial proceedings that take place during his or her term of service. Civil judicial proceedings that are scheduled during the period of service or within sixty days thereafter are delayed until active duty personnel can appear and participate in the proceedings. The SSCRA’s protective reach extends to all active duty personnel, reserves, and National Guard members in active federal service. It also extends to service members’ dependents: those who rely on the service member for support and maintenance for necessities.
Because the SSCRA delays family law proceedings until the service member is able to appear in court, this regulation can have important ramifications for military families involved in litigation. The SSCRA may prolong the completion of your divorce, or prevent a modification of custody or parenting time until the service member returns from active duty. If you or the adverse party are active service members, your attorney will be able to advise you of the SSCRA’s effect on your case.
Wednesday, January 26, 2011
Off to School: Children Attending College
Children are eligible for child support until they reach the age of 21, but special criteria apply for the continuance of child support between the ages of 18 and 21. For child support to be continued during that time period, the child must qualify as a “child attending school.”
According to Oregon law, a “child attending school” is one between ages 18 and 21 who regularly attends school, community college, college or university, or regularly attends a course of professional or technical training designed to fit the child for gainful employment. The child must be enrolled in at least one-half the normal course load to be considered a child attending school, and must maintain a “C” average or better.
Additionally, once a child qualifies as a “child attending school,” child support must be paid directly to the child unless there is a good reason for the money to be distributed otherwise. The child may use the child support at his or her discretion. This means that the child is not required to use the money to pay for tuition, books and supplies, but rather can use the money however he or she best judges it should be spent.
Both parents should remain actively involved in their child’s education to ensure child support is being used optimally for the child’s advancement. Parents should advise their child that he or she only qualifies as a “child attending school” if the above criteria are met. Continued receipt of child support will provide added incentive for children to excel academically, and an opportunity to learn to manage finances wisely.
According to Oregon law, a “child attending school” is one between ages 18 and 21 who regularly attends school, community college, college or university, or regularly attends a course of professional or technical training designed to fit the child for gainful employment. The child must be enrolled in at least one-half the normal course load to be considered a child attending school, and must maintain a “C” average or better.
Additionally, once a child qualifies as a “child attending school,” child support must be paid directly to the child unless there is a good reason for the money to be distributed otherwise. The child may use the child support at his or her discretion. This means that the child is not required to use the money to pay for tuition, books and supplies, but rather can use the money however he or she best judges it should be spent.
Both parents should remain actively involved in their child’s education to ensure child support is being used optimally for the child’s advancement. Parents should advise their child that he or she only qualifies as a “child attending school” if the above criteria are met. Continued receipt of child support will provide added incentive for children to excel academically, and an opportunity to learn to manage finances wisely.
Tuesday, January 25, 2011
Children in Transition
Parenting time transitions between households will be easiest for children if both parents resolve to always put their children’s needs first. Because children are skilled readers of non-verbal communication, parents should make sure both their actions and words provide a positive model for their children. At the transition, choose a business-like and polite demeanor. Transitions should remain neutral, untainted by any discussion of pending legal issues. If you are professional, calm, and collected, the transitions will be less stressful for everyone involved.
Parents must prepare their children emotionally and physically for the transition and visit with the other parent. Since children respond well to routine, establish a ritual with your children to help them prepare for upcoming visits and activities. Keep a calendar at home for the children to refer to in anticipation of future visits. Be sure to remind children in the days prior to any visit that it will occur; it is unfair to “surprise” them by announcing a visit without allowing them time to mentally prepare. Help your children assemble a well-packed bag that includes clean clothing, homework, toys, and personal items.
Don’t become overwhelmed if the transitions seem unnatural initially. Remember that although children may appear anxious at transitions, they are not necessarily anxious throughout the entire visit. The steps you take to help children prepare for the transition can set the tone for the rest of the visit, and will help children to relax and enjoy the other parent’s company.
Parents must prepare their children emotionally and physically for the transition and visit with the other parent. Since children respond well to routine, establish a ritual with your children to help them prepare for upcoming visits and activities. Keep a calendar at home for the children to refer to in anticipation of future visits. Be sure to remind children in the days prior to any visit that it will occur; it is unfair to “surprise” them by announcing a visit without allowing them time to mentally prepare. Help your children assemble a well-packed bag that includes clean clothing, homework, toys, and personal items.
Don’t become overwhelmed if the transitions seem unnatural initially. Remember that although children may appear anxious at transitions, they are not necessarily anxious throughout the entire visit. The steps you take to help children prepare for the transition can set the tone for the rest of the visit, and will help children to relax and enjoy the other parent’s company.
Monday, January 24, 2011
Premarital Property Division
On June 17, 2004 the Oregon Supreme Court handed down its decision in the Matter of the Marriage of Kunze. This case represents a significant departure from prior case law on the issues of property division. Under the Kunze decision, the court is directed to look more closely at the source of as- sets and the contributions of the parties. When one party brings property to the marriage, the court may now back out as separate property the premarital value of the contribution, even if it has been integrated into the joint family finances. Additionally, contributions made from separate assets to the acqui- sition of assets jointly acquired during the marriage may, under the proper circumstances, also be separated out of the property division.
Prior to the Kunze decision, it was commonly held by the courts that if you integrated a separate asset into the joint financial structure of the marriage, you would lose the right “back out” the premarital value. Now the court may look to the contribution from separate assets, even on jointly held items, and may give the party who made the contribution from separate funds a “credit” in the property division. For example, if wife sells her premarital residence and puts down $50,000 on a joint home with her new husband, the court, under the proper circumstances, could give wife a credit for her $50,000 contribution in the property division.
The application of these rules is very fact specific and would vary with each case. The court is charged overall with designing a property division that is “just and equitable” under the circumstances. Even under Kunze the court retains the right to include separately held property in the property division if it would be “just and equitable.” No lower court has yet relied on the Kunze decision, and how trial and appellate courts will respond to this ruling is yet to be seen. This new look at how the law in Oregon is applied will only effect pending cases and will not effect property divisions that have already occurred.
Prior to the Kunze decision, it was commonly held by the courts that if you integrated a separate asset into the joint financial structure of the marriage, you would lose the right “back out” the premarital value. Now the court may look to the contribution from separate assets, even on jointly held items, and may give the party who made the contribution from separate funds a “credit” in the property division. For example, if wife sells her premarital residence and puts down $50,000 on a joint home with her new husband, the court, under the proper circumstances, could give wife a credit for her $50,000 contribution in the property division.
The application of these rules is very fact specific and would vary with each case. The court is charged overall with designing a property division that is “just and equitable” under the circumstances. Even under Kunze the court retains the right to include separately held property in the property division if it would be “just and equitable.” No lower court has yet relied on the Kunze decision, and how trial and appellate courts will respond to this ruling is yet to be seen. This new look at how the law in Oregon is applied will only effect pending cases and will not effect property divisions that have already occurred.
Friday, January 21, 2011
Mediation Q&A
Mediation can be an efficient and cost effective method for resolving your case. The following are commonly asked question regarding the mediation process:
Q:What is mediation?
A:Mediation is a method of negotiation involving a neutral third party (the mediator) in which an attempt is made to reach a settlement agree- able to both parties. The mediator listens to both parties’ positions and attempts to assist the parties in identifying areas which can be negotiated. The mediator will not offer legal advice. Some counties require the parties to attend mediation when custody and parenting time are an issue.
Q:What are the advantages of mediation?
A:Mediation has many advantages. First, mediation is confidential. The mediator may not be called as a witness to testify as to statements you have made during the course of negotiations. Second, mediation allows the parties an opportunity to resolve their dispute without the financial and emotional expense of a trial. Third, even if a settlement is not reached through mediation, the process assists the parties and their attorneys in narrowing the issues which ultimately must be tried in court.
Q:Who is present at mediation? A:The parties can attend mediation with or without an attorney. Q:Is a mediated agreement binding?
A: Mediated agreements are not binding and enforceable agreements unless the agreement is recited on the record before a judge or a court reporter, or if the parties sign an order to be submitted to the court. If you attend mediation without your attorney, it is not wise to sign any agreement until you have conferred with your attorney.
Remember, every case is different. Generally, for mediation to be an op- tion, both parties must be willing to negotiate. In addition, the existence of a Family Abuse Restraining Order (FAPA) can be an obstacle to mediation. If you are interested in exploring mediation, contact your attorney to learn more about the process as it applies to you.
Deposition Do’s and Don’ts
A deposition consists of testimony in response to an opposing attorney’s questions, given under oath and recorded by an official court reporter. Depositions are a discovery tool, intended to help clarify information not contained in documents. Your attorney will always be with you, and your spouse is likely to be there as well. You and your attorney will review topics likely to be covered at a deposition. Expect questions to be related to issues that may be raised at trial. For instance, if custody will be an issue, expect questions about the children: What grades do your children get in each of their classes? Why have your children visited the doc- tor? How often do you attend your child’s games or performances?
The opposing lawyer will attempt to get you to provide information that can be used against you in court. Pause between carefully considered answers, as you would between moves in a game of chess. Do not volunteer more information than the opposing lawyer asks for, even if there is an awkward silence. Only the written transcript of the deposition is used in court, so periods of silence will not be noted. Additionally, emotion or inflection will not be communicated, so humor or sarcasm will not translate well. Most importantly, always tell the truth, even if doing so may reflect poorly on you. Lying in a deposition often has serious consequences.
When you are questioned, listen to anything your attorney says. If your attorney objects to a question, he or she may be trying to tell you something. If you need a break during the deposition, ask for one. It is much better to take a break than it is to become distracted. If you have a question or comment during your spouse’s deposition, calmly hand a note to your attorney. There is no reason to get upset at the deposition should your spouse lie; doing so will damage his or her credibility.
If you tell the truth and answer only the questions asked, the deposition will be a useful tool that will help your attorney better present your case should it go to trial.
The opposing lawyer will attempt to get you to provide information that can be used against you in court. Pause between carefully considered answers, as you would between moves in a game of chess. Do not volunteer more information than the opposing lawyer asks for, even if there is an awkward silence. Only the written transcript of the deposition is used in court, so periods of silence will not be noted. Additionally, emotion or inflection will not be communicated, so humor or sarcasm will not translate well. Most importantly, always tell the truth, even if doing so may reflect poorly on you. Lying in a deposition often has serious consequences.
When you are questioned, listen to anything your attorney says. If your attorney objects to a question, he or she may be trying to tell you something. If you need a break during the deposition, ask for one. It is much better to take a break than it is to become distracted. If you have a question or comment during your spouse’s deposition, calmly hand a note to your attorney. There is no reason to get upset at the deposition should your spouse lie; doing so will damage his or her credibility.
If you tell the truth and answer only the questions asked, the deposition will be a useful tool that will help your attorney better present your case should it go to trial.
Protecting Your Assets
Filing for divorce is scary no matter what your circumstances; it can be outright terrifying if you are not the spouse controlling the purse strings. Preventing one spouse or the other from hiding or wasting valuable assets and canceling insurance policies is a long-standing problem in divorce cases.
In the past, to reduce the risk of assets being dissipated or insurance being cancelled, most family law attorneys would file a Mutual Financial Restraining Order at the onset of a case. Obtaining a financial restraining order used to be problematic. The notice requirements and procedures for obtaining an order varied depending on the county, or even the Judge within the county. Even after a Judge signed such a restraining order, the order had to be served before it was in effect.
To remedy these problems the legislature created Senate Bill 801 effective as law January 1, 2004. Senate Bill 801 creates an automatic restraining order that goes into effect once a petition and summons for marital annulment, separation or dissolution have been filed and served.
In short, the new law states that neither party can cancel or forego payment of health, homeowner/renter or automobile insurance policies that cover children or the opposing spouse. Further, the party in control of the policies may not change the beneficiaries listed under the policies.
The order further restrains the parties in that, neither party is allowed to transfer, encumber, conceal or dispose of property in which the other party is invested without express written consent of the opposing party or the court. The exception to this is if it can be proven that the action was taken in the “usual course of business or for necessities of life.” Neither party is allowed to make extraordinary expenditures without written notice and an accounting of the expenditure to the other party.
It is important to note that a party is allowed to make payments for certain purposes. For example, you are permitted to continue paying your regular bills and conduct business. Emergency or large expenditures are also permitted as long as notice and an accounting are given. A party may also pay taxes, mental health expenses, necessary child expenses and attorney fees.
It is important that parties to a divorce be aware of this new law and act accordingly. If you are unsure about an action you are about to take regarding assets or insurance, consult with your attorney. There are sanctions for failing to abide by a court order. Asking now could save you a lot of time, money and worry later.
In the past, to reduce the risk of assets being dissipated or insurance being cancelled, most family law attorneys would file a Mutual Financial Restraining Order at the onset of a case. Obtaining a financial restraining order used to be problematic. The notice requirements and procedures for obtaining an order varied depending on the county, or even the Judge within the county. Even after a Judge signed such a restraining order, the order had to be served before it was in effect.
To remedy these problems the legislature created Senate Bill 801 effective as law January 1, 2004. Senate Bill 801 creates an automatic restraining order that goes into effect once a petition and summons for marital annulment, separation or dissolution have been filed and served.
In short, the new law states that neither party can cancel or forego payment of health, homeowner/renter or automobile insurance policies that cover children or the opposing spouse. Further, the party in control of the policies may not change the beneficiaries listed under the policies.
The order further restrains the parties in that, neither party is allowed to transfer, encumber, conceal or dispose of property in which the other party is invested without express written consent of the opposing party or the court. The exception to this is if it can be proven that the action was taken in the “usual course of business or for necessities of life.” Neither party is allowed to make extraordinary expenditures without written notice and an accounting of the expenditure to the other party.
It is important to note that a party is allowed to make payments for certain purposes. For example, you are permitted to continue paying your regular bills and conduct business. Emergency or large expenditures are also permitted as long as notice and an accounting are given. A party may also pay taxes, mental health expenses, necessary child expenses and attorney fees.
It is important that parties to a divorce be aware of this new law and act accordingly. If you are unsure about an action you are about to take regarding assets or insurance, consult with your attorney. There are sanctions for failing to abide by a court order. Asking now could save you a lot of time, money and worry later.
Good Economic Sense
April is for new beginnings- taxes, showers, Passover and Easter. As we focus on last year’s finances and this year’s tax planning, parents (including noncustodial) should remember to teach children how to handle money. An allowance for children as young as four can be the foundation of good fiscal skills. Just remember these rules:
1) Be consistent. Pay at time intervals that make sense to the child. For a four year old this would be at the end of the day. For older children pay weekly or biweekly.
2) Set out appropriate tasks, but remember some chores are done as part of being in a family.
3) Pay only after the work is done and done correctly.
4) Never, never miss a pay day. You do not want to produce the next corporate misfit who stiffs employees.
5) As the child becomes school aged, add a philanthropy component. Ten percent must be used for charity.
6) By age twelve the child must be taught to keep a ledger and record income and purchases. This will give the child a means to begin basic budgeting.
7) When talking about finances with your children maintain an age appropriate conversation and resist of- fering too much information. Good examples are:
a) Let your preschooler know you are paying bills and allow them to lick the stamps and envelopes.
b) Pay bills while the children are doing homework so they associate bill paying as a routine task.
c) Be careful not to say “we can’t afford (something)” when you mean “we don’t want to spend our money that way”. If it is an unaffordable option don’t be ashamed to let them know while simultaneously reassuring them they will never lack for necessities.
d) Explain about saving for something big by fore- going smaller impulse items.
Most of all, make sure your children know that money does not make the person. Noncustodial parents can also promote this philosophy and adopt these techniques even as an every other weekend practice. Just be mindful not to use this exercise as an opportunity to criticize the child’s other parent.
1) Be consistent. Pay at time intervals that make sense to the child. For a four year old this would be at the end of the day. For older children pay weekly or biweekly.
2) Set out appropriate tasks, but remember some chores are done as part of being in a family.
3) Pay only after the work is done and done correctly.
4) Never, never miss a pay day. You do not want to produce the next corporate misfit who stiffs employees.
5) As the child becomes school aged, add a philanthropy component. Ten percent must be used for charity.
6) By age twelve the child must be taught to keep a ledger and record income and purchases. This will give the child a means to begin basic budgeting.
7) When talking about finances with your children maintain an age appropriate conversation and resist of- fering too much information. Good examples are:
a) Let your preschooler know you are paying bills and allow them to lick the stamps and envelopes.
b) Pay bills while the children are doing homework so they associate bill paying as a routine task.
c) Be careful not to say “we can’t afford (something)” when you mean “we don’t want to spend our money that way”. If it is an unaffordable option don’t be ashamed to let them know while simultaneously reassuring them they will never lack for necessities.
d) Explain about saving for something big by fore- going smaller impulse items.
Most of all, make sure your children know that money does not make the person. Noncustodial parents can also promote this philosophy and adopt these techniques even as an every other weekend practice. Just be mindful not to use this exercise as an opportunity to criticize the child’s other parent.
Uncertainty in Estate Tax Laws
Federal Estate taxes are scheduled to be totally phased-out in 2010. The so called “death tax” has been the subject of much debate, and there is a lot of uncertainty surrounding its future. Although phasing out the estate tax is popular with voters many commentators think that it is not economically feasible. Adding to the uncertainty surrounding the federal estate tax is a “sunset provision” in the law that will reinstate the estate tax in 2011. It is unclear at this time whether the sunset provision will be triggered or if Congress will take action to make the change permanent.
This new law makes it absolutely essential for people to locate their estate plans and ensure that they are up to date. The recent changes to federal and state laws make it more important than ever to have an estate plan that fully utilizes tax planning tools. At SGR&K we recommend you meet with your estate planner in order to determine if your estate-plan takes full advantage of the federal and state credits presently available and to ensure your estate is protected. This is particularly vital as the federal unified credit currently allows estates to shelter up to $1,500,000, while the state of Oregon allows taxpayers to shelter only $850,000.
Since Oregon estate taxes are no longer effectively connected with the federal unified credit amount some taxpayers will be able to avoid paying federal taxes, but will still be accountable for state taxes. This forces taxpay- ers and tax planners to decide between using the full federal credit while paying state taxes, or sheltering a smaller portion of their estate in order to avoid paying state taxes. This decision will most commonly have to be made by married couples with substantial estates and single individuals setting up charitable and other trusts.
One of the best ways to decrease future estate taxes is to begin the practice of annual gifting. It is possible for a taxpayer to make annual gifts of up to $11,000 without triggering any tax consequences.
This enables parents and grandparents to move money out of their estate and into the estate of the next generation without either party paying taxes on the transfer. Amounts transferred that exceed $11,000 are only taxed on the amount of the gift that exceeds the exemption.
Regardless of the size of an individual’s estate it should be a priority to plan for the future and to keep abreast of changes in the law. This will help prevent unplanned tax consequences upon death. If you have any questions call your estate planner, or utilize the SGR&K estate planning department to determine how the changing laws affect your estate.
This new law makes it absolutely essential for people to locate their estate plans and ensure that they are up to date. The recent changes to federal and state laws make it more important than ever to have an estate plan that fully utilizes tax planning tools. At SGR&K we recommend you meet with your estate planner in order to determine if your estate-plan takes full advantage of the federal and state credits presently available and to ensure your estate is protected. This is particularly vital as the federal unified credit currently allows estates to shelter up to $1,500,000, while the state of Oregon allows taxpayers to shelter only $850,000.
Since Oregon estate taxes are no longer effectively connected with the federal unified credit amount some taxpayers will be able to avoid paying federal taxes, but will still be accountable for state taxes. This forces taxpay- ers and tax planners to decide between using the full federal credit while paying state taxes, or sheltering a smaller portion of their estate in order to avoid paying state taxes. This decision will most commonly have to be made by married couples with substantial estates and single individuals setting up charitable and other trusts.
One of the best ways to decrease future estate taxes is to begin the practice of annual gifting. It is possible for a taxpayer to make annual gifts of up to $11,000 without triggering any tax consequences.
This enables parents and grandparents to move money out of their estate and into the estate of the next generation without either party paying taxes on the transfer. Amounts transferred that exceed $11,000 are only taxed on the amount of the gift that exceeds the exemption.
Regardless of the size of an individual’s estate it should be a priority to plan for the future and to keep abreast of changes in the law. This will help prevent unplanned tax consequences upon death. If you have any questions call your estate planner, or utilize the SGR&K estate planning department to determine how the changing laws affect your estate.
The Benefits of Charitable Giving
Clients who are updating their estate plans tend to have a variety of concerns. Many want to ensure that their assets transfer to the intended beneficiaries. Others are more concerned with protecting assets from the estate tax. Still others focus on keeping assets from a potential beneficiary (i.e. a soon-to-be-ex-spouse). Very seldom is a chief concern whether or not to leave assets to charity.
Charitable giving, however, can be a very effective way to transfer assets while still giving back to the community. In some instances, charitable giving can result in a larger gift to heirs than simply leaving assets to them outright.
A primary benefit of charitable giving is the tax benefit. Similar to the more familiar income tax provisions, the internal revenue code provides an estate tax deduction for income taxes. Unlike the income tax rules, how- ever, there is no limit to the amount that can be deducted on an estate tax return. Outright gifts to qualified charitable organizations reduce a decedent’s estate and lessen the estate tax.
In some instances, an even more attractive option is to create a Charitable Remainder Trust. With this type of trust, the client (or the client’s heirs) can continue to receive the benefit of the trust assets during their lifetime. For example, the trust can be funded as an annuity that pays out throughout the lifetime (or a set number of years) of the beneficiary. Upon the death of the beneficiary, the remaining assets in the trust will be given to the charity of the client’s choice.
Charitable Trusts provide a clear estate tax benefit. Even a future gift to charity can be used as an estate tax deduction. Depending on the type of asset used to fund the trust, however, Charitable Trusts may also have other tax benefits. For example, using an IRA to fund the trust may reduce the income tax liability resulting from that IRA. Similarly, funding the trust with high growth assets (certain stocks, LLC interests, etc.) can lessen the capital gains liability.
In the right situation, with proper investment and enough tax savings, a Charitable Trust can result in a larger gift to a client’s heirs than would be possible without the charitable gift. Your SGR&K estate planning attorney can work with your financial advisor to determine if a charitable gift is appropriate for your estate plan. Call for more information today.
Charitable giving, however, can be a very effective way to transfer assets while still giving back to the community. In some instances, charitable giving can result in a larger gift to heirs than simply leaving assets to them outright.
A primary benefit of charitable giving is the tax benefit. Similar to the more familiar income tax provisions, the internal revenue code provides an estate tax deduction for income taxes. Unlike the income tax rules, how- ever, there is no limit to the amount that can be deducted on an estate tax return. Outright gifts to qualified charitable organizations reduce a decedent’s estate and lessen the estate tax.
In some instances, an even more attractive option is to create a Charitable Remainder Trust. With this type of trust, the client (or the client’s heirs) can continue to receive the benefit of the trust assets during their lifetime. For example, the trust can be funded as an annuity that pays out throughout the lifetime (or a set number of years) of the beneficiary. Upon the death of the beneficiary, the remaining assets in the trust will be given to the charity of the client’s choice.
Charitable Trusts provide a clear estate tax benefit. Even a future gift to charity can be used as an estate tax deduction. Depending on the type of asset used to fund the trust, however, Charitable Trusts may also have other tax benefits. For example, using an IRA to fund the trust may reduce the income tax liability resulting from that IRA. Similarly, funding the trust with high growth assets (certain stocks, LLC interests, etc.) can lessen the capital gains liability.
In the right situation, with proper investment and enough tax savings, a Charitable Trust can result in a larger gift to a client’s heirs than would be possible without the charitable gift. Your SGR&K estate planning attorney can work with your financial advisor to determine if a charitable gift is appropriate for your estate plan. Call for more information today.
Hey, That’s My Identity!
Money can’t be found at the end of a rainbow, hiding in a pot of gold. This of course doesn’t stop people from wishing. Unfortunately, there are thieves out there who will search for and find ways to get what they want at the expense of others.
One of the newer types of thievery is identity theft, in which a person will steal pertinent information about you, particularly your social security number, and use it to do such things as order new credit cards in your name. There are many places to get information from, but one of the avenues available in the past has recently been closed to them.
Most documents submitted to courts become part of the public record, which means anyone can look at them. Since petitions for dissolution, separation and annulment contained your address, social security number, name and birth date, it was easy for thieves to obtain all the information needed to steal your identity very quickly. The Oregon legislature recently took steps to improve the confidentiality of social security numbers by taking away the requirement that petitions for dissolution, separation and annulments list the parties’ social security numbers. After this new legislation, identity thieves will have to become more creative, which means that you must keep your guard up in other areas of your life.
A few things you can do to reduce your chances of becoming a victim:
1. Protect your social security number. Don’t give it out unless absolutely necessary and refrain from carrying your social security card in your purse or wallet. Do not preprint your social security number on your checks. Check to see if your medical insurance card has the number on it.
2. If you don’t have one already, buy a shredder. Make sure you use it on all documents that have your personal information before throwing them away.
3. Put all outgoing mail with personal information in mailboxes that lock or bring it directly to a post office. Get a secure mailbox or a post office box for your incoming mail. One of the easiest ways for a thief to get information is to walk down a street and take everyone’s mail out of the boxes.
4. Do not give your credit card number or other information over the phone unless you called the other party.
While it may be a little harder to get information from court documents, the problem of identity theft continues to grow. You may want to start regularly checking your credit report to see if new accounts are being created in your name. Also, keep careful track of the charges on your credit card to see if someone else is using your number. Above all else, be aware; don’t be caught staring off into the clouds looking for rainbows and pots of gold while some- one is stealing your identity from right beneath your nose.
One of the newer types of thievery is identity theft, in which a person will steal pertinent information about you, particularly your social security number, and use it to do such things as order new credit cards in your name. There are many places to get information from, but one of the avenues available in the past has recently been closed to them.
Most documents submitted to courts become part of the public record, which means anyone can look at them. Since petitions for dissolution, separation and annulment contained your address, social security number, name and birth date, it was easy for thieves to obtain all the information needed to steal your identity very quickly. The Oregon legislature recently took steps to improve the confidentiality of social security numbers by taking away the requirement that petitions for dissolution, separation and annulments list the parties’ social security numbers. After this new legislation, identity thieves will have to become more creative, which means that you must keep your guard up in other areas of your life.
A few things you can do to reduce your chances of becoming a victim:
1. Protect your social security number. Don’t give it out unless absolutely necessary and refrain from carrying your social security card in your purse or wallet. Do not preprint your social security number on your checks. Check to see if your medical insurance card has the number on it.
2. If you don’t have one already, buy a shredder. Make sure you use it on all documents that have your personal information before throwing them away.
3. Put all outgoing mail with personal information in mailboxes that lock or bring it directly to a post office. Get a secure mailbox or a post office box for your incoming mail. One of the easiest ways for a thief to get information is to walk down a street and take everyone’s mail out of the boxes.
4. Do not give your credit card number or other information over the phone unless you called the other party.
While it may be a little harder to get information from court documents, the problem of identity theft continues to grow. You may want to start regularly checking your credit report to see if new accounts are being created in your name. Also, keep careful track of the charges on your credit card to see if someone else is using your number. Above all else, be aware; don’t be caught staring off into the clouds looking for rainbows and pots of gold while some- one is stealing your identity from right beneath your nose.
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