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.
Monday, January 31, 2011
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.
The Tale of The Doctor’s Wife
While a husband is attending medical school, a wife works two jobs to support the family. The husband does not worry about money because the wife is supporting him, he does not worry about cleaning because his Wife will do it, nor does he worry about the children because Wife is taking care of them. Husband has one sole mission: Build his career by studying hard. Husband’s mission is successful, two years into his medical practice Husband is making some money, his career is skyrocketing. But he is bored with Wife and decides to divorce her. The end? No. To prevent injustice against Wife, Oregon legislators created compensatory spousal support. This is support for the sake of equity. Husband owes a debt to Wife for helping him achieve financial success now and in the future, and he is going to pay it.
But what about The Tale of the Philosopher’s Wife? Wife works two jobs so Husband can pursue an education or career that does not enhance his earning capacity. Is Wife entitled to compensatory spousal support? Yes, according to the Oregon Court of Appeals’ December 23, 2003 decision In the Matter of the Marriage of Austin.
In Austin, Husband appeals the trial court’s award of compensatory spousal support to Wife. Though Husband admits Wife made significant contributions to Husband’s educational and occupational pursuits, Husband argues that since his earning capacity was never enhanced from these pursuits, he should not have to pay compensatory spousal support to Wife.
The Court of Appeals rejected Husband’s argument that, based on predecessor statutes, legislators intended that compensatory spousal support be awarded only if there was an enhanced earning capacity. According to the statute, compensatory support may be awarded if there is “a significant financial OR other contribution by one party to the education, training, vocational skills, career or earning capacity of the other party and when an order for compensatory spousal support is otherwise just and equitable in all of the circumstances” (emphasis added).
The magic word “or” in the statute led the justices to disregard predecessor statutes, which required enhanced earning capacity, and find that enhanced earning capacity is just one of the many situations which may justify an award of compensatory spousal support. Enhanced earning capacity is not necessary for an award of compensatory spousal support.
According to the Austin court, the spouse’s contribution must be significant, but it need only be to one of the enumerated areas of education, training, vocational skills, career, or earning capacity. Thus, in Austin, even though Husband’s earning capacity never increased, since Wife made significant contributions to his education and to his career, the award of compensatory spousal support stood.
The lesson: There are no free rides even on a road that leads to Nowhere.
New Beginnings
This year not only resolve to make changes, do it. Set goals for 2004 and thereafter. Short term goals are easier to follow through with if they are part of a long term plan.
I recommend goal setting by doing the following simple exercise. Sit down with pen, paper and something to relax you (wine works well). Write down at the top of the page the year you will turn eighty and how old your children will be in that year. Next ask yourself these three very pointed questions which target your physical, emotional and financial well being:
What kind of physical health do I wish to have?
What kind of relationship do I wish to have?
What kind of financial situation do I wish to have?
Thinking about your children will ground you. After having answered these inquiries at age eighty go backwards in five year intervals and ask yourself these same questions. Do this until you get within five years and make the same personal inventory on an annual basis. When you are within one year question yourself every three months.
What you want at age eighty can dictate what you do today. The New Year’s resolutions you make in 2004 should have components in three months, one year, five years and thirty plus years. If this type of planning seems overwhelming then start on a more personalized scale. Begin by asking yourself a few basic questions:
Who am I?
What do I stand for?
What do I want my legacy to be?
Each night before bed look in the mirror and then write down something about yourself that you like. Tell yourself you can’t go to bed until you find that something. The next morning review what you’ve written and jot down something you intend to risk that day. At the end of the day check it off your list if you’ve mastered it and if not, make it the next day’s goal.
With these activities you will begin to establish the core of who you are and set up a plan for living that you can nurture with each new year’s resolution.
I recommend goal setting by doing the following simple exercise. Sit down with pen, paper and something to relax you (wine works well). Write down at the top of the page the year you will turn eighty and how old your children will be in that year. Next ask yourself these three very pointed questions which target your physical, emotional and financial well being:
What kind of physical health do I wish to have?
What kind of relationship do I wish to have?
What kind of financial situation do I wish to have?
Thinking about your children will ground you. After having answered these inquiries at age eighty go backwards in five year intervals and ask yourself these same questions. Do this until you get within five years and make the same personal inventory on an annual basis. When you are within one year question yourself every three months.
What you want at age eighty can dictate what you do today. The New Year’s resolutions you make in 2004 should have components in three months, one year, five years and thirty plus years. If this type of planning seems overwhelming then start on a more personalized scale. Begin by asking yourself a few basic questions:
Who am I?
What do I stand for?
What do I want my legacy to be?
Each night before bed look in the mirror and then write down something about yourself that you like. Tell yourself you can’t go to bed until you find that something. The next morning review what you’ve written and jot down something you intend to risk that day. At the end of the day check it off your list if you’ve mastered it and if not, make it the next day’s goal.
With these activities you will begin to establish the core of who you are and set up a plan for living that you can nurture with each new year’s resolution.
‘That Something’ for New Year’s
Jody’s infamous Saturday junking junket recently netted a 1914 inspirational pamphlet called “That Something.”
It was written by W.W. Woodbridge and originally published by The Smith-Digby Company in Tacoma, Washington.
The story is timeless, and variations are told around the world. A man down on his luck, asks a business man for food. The business man says: “It is not food you need!” “What then?” asks the protagonist.
“That Something,” was the business man’s reply. “Go and find it, then come and thank me once you have.”
The beggar had a vision, and a voice said to him: That Something is that which every man must find in his soul, or else he will be but a clutter of the earth on which he lives... And the talisman of success is these words, “I WILL!”
Upon finding success, the protagonist came to realize “That Something” is real POWER, as truly real as the electric current.
It is the one thing necessary. We are all born much alike. We come into the world all animals of a type. All of us have the senses, equally developed. And then we begin to live, animals and all. Until we wake “That Something,” of the soul we live as a horse lives. We bear on our muscle those that have found “That Something.” And we bear them on up the mountain to take their places among the
masters of men.
“That Something” lies dormant in every soul until aroused. Sometimes it does not wake until man stands tottering on the border of
the grave.
Sometimes it is found by the child, playing by its mother’s knee. Some men have sneered, and called it Luck.
Luck is but the fleeting smile of Fortune. “That Something” is the highway to her home. A man’s success depends alone on “That Something.”
“That Something” of his SOUL!
Abraham Lincoln found it when he was a lad. It spurred him on, and
on and on. Awaken yours — now! Resolving to have “That Something” may be your best New Year’s
resolution ever!
It was written by W.W. Woodbridge and originally published by The Smith-Digby Company in Tacoma, Washington.
The story is timeless, and variations are told around the world. A man down on his luck, asks a business man for food. The business man says: “It is not food you need!” “What then?” asks the protagonist.
“That Something,” was the business man’s reply. “Go and find it, then come and thank me once you have.”
The beggar had a vision, and a voice said to him: That Something is that which every man must find in his soul, or else he will be but a clutter of the earth on which he lives... And the talisman of success is these words, “I WILL!”
Upon finding success, the protagonist came to realize “That Something” is real POWER, as truly real as the electric current.
It is the one thing necessary. We are all born much alike. We come into the world all animals of a type. All of us have the senses, equally developed. And then we begin to live, animals and all. Until we wake “That Something,” of the soul we live as a horse lives. We bear on our muscle those that have found “That Something.” And we bear them on up the mountain to take their places among the
masters of men.
“That Something” lies dormant in every soul until aroused. Sometimes it does not wake until man stands tottering on the border of
the grave.
Sometimes it is found by the child, playing by its mother’s knee. Some men have sneered, and called it Luck.
Luck is but the fleeting smile of Fortune. “That Something” is the highway to her home. A man’s success depends alone on “That Something.”
“That Something” of his SOUL!
Abraham Lincoln found it when he was a lad. It spurred him on, and
on and on. Awaken yours — now! Resolving to have “That Something” may be your best New Year’s
resolution ever!
The Art of the Holiday Card
Holiday cards need not be a source of frustration for families in transition nor a reminder of what was. This is an opportunity to celebrate what is!
A holiday newsletter (not my favorite) should be a short, upbeat and interesting story with proper grammar. Resist sermonizing, complaining, or bragging. Your divorce is not a newsletter topic.
If you want to subtly acknowledge your change in marital status send a picture with just you and the children, dogs, etc. Let the children help choose the photos and do the artwork. Sign the card with your first names in order of appearance. It is tacky to have your names printed on the card.
The question always comes up about who should receive holiday cards. I recommend casting your nets and starting from the outside edge. By this I mean send first to those who live the farthest away or at least don’t see you as often, second to those with whom you have a personal connection and last to those who send you a card.
Don’t forget the children will need to send cards to their teachers and special friends. Perhaps you should not send a picture card to your ex’s parents. Remember always to consider your audience.
If you have a new address make the card serve two purposes. Be creative, upbeat and classy. Everyone will wonder why your ex was so stupid to lose you!
A few things to remember when addressing your envelopes:
• If you retain your ex’s last name, “Mrs. John Smith” becomes “Mrs. Mildred Smith”.
• A widow may still use, “Mrs. John Smith.”
• Remember to include your return address on either the top front left corner (Post Office preference) or on the back flap of the envelope (Traditional).
A holiday newsletter (not my favorite) should be a short, upbeat and interesting story with proper grammar. Resist sermonizing, complaining, or bragging. Your divorce is not a newsletter topic.
If you want to subtly acknowledge your change in marital status send a picture with just you and the children, dogs, etc. Let the children help choose the photos and do the artwork. Sign the card with your first names in order of appearance. It is tacky to have your names printed on the card.
The question always comes up about who should receive holiday cards. I recommend casting your nets and starting from the outside edge. By this I mean send first to those who live the farthest away or at least don’t see you as often, second to those with whom you have a personal connection and last to those who send you a card.
Don’t forget the children will need to send cards to their teachers and special friends. Perhaps you should not send a picture card to your ex’s parents. Remember always to consider your audience.
If you have a new address make the card serve two purposes. Be creative, upbeat and classy. Everyone will wonder why your ex was so stupid to lose you!
A few things to remember when addressing your envelopes:
• If you retain your ex’s last name, “Mrs. John Smith” becomes “Mrs. Mildred Smith”.
• A widow may still use, “Mrs. John Smith.”
• Remember to include your return address on either the top front left corner (Post Office preference) or on the back flap of the envelope (Traditional).
Planning Charitable Donations
As the 2003 calendar year comes to a close, many taxpayers are beginning to think about making charitable contributions. Here are a few quick guidelines to keep in mind, before you begin taking your charitable deductions.
The Internal Revenue Service requires taxpayers to substantiate all money contributions by a cancelled check, a receipt or acknowledgement or “other reliable records.” A cancelled check alone will not substantiate a contribution of more than $250.00. For any amount more than $250.00 it is also necessary for the charity to write a contemporaneous written acknowledgement of the gift. Taxpayers do not need to receive the written acknowledgement before the end of the year, but the receipt must be received on or before the date the return is filed or by the due date of the return. Most charities will automatically provide you with documentation, but don’t hesitate to call them and ask for the status of your acknowledgement.
Many people elect to donate property to various charities, which can be beneficial for all parties. Property can include furniture, fine art or jewelry. It is important to remember, all property donations in excess of $5,000, must be supported by a qualified appraisal, unless the gift consists of publicly traded stock. Have a Generous Holiday Season, and remember to
keep that documentation.
The Internal Revenue Service requires taxpayers to substantiate all money contributions by a cancelled check, a receipt or acknowledgement or “other reliable records.” A cancelled check alone will not substantiate a contribution of more than $250.00. For any amount more than $250.00 it is also necessary for the charity to write a contemporaneous written acknowledgement of the gift. Taxpayers do not need to receive the written acknowledgement before the end of the year, but the receipt must be received on or before the date the return is filed or by the due date of the return. Most charities will automatically provide you with documentation, but don’t hesitate to call them and ask for the status of your acknowledgement.
Many people elect to donate property to various charities, which can be beneficial for all parties. Property can include furniture, fine art or jewelry. It is important to remember, all property donations in excess of $5,000, must be supported by a qualified appraisal, unless the gift consists of publicly traded stock. Have a Generous Holiday Season, and remember to
keep that documentation.
Helping your children look like winners makes you one too!
Here are things to do before the holidays to equip your children with the means for success through etiquette.
• Explain who will be in attendance at the meal, and how the children should refer to these guests (Mr., Ms. Aunt Jody, etc.) Tell the children a funny story (one you don’t mind having repeated) about each person, which will make the adults seem more approachable.
• Re-explain introductions: how to shake hands (no limp fish here) and the art of looking people in the eye. Looking adults in the eye is more than good manners, it is a skill which actually protects children from abuse of all kinds by adults. This skill is so important that I advocate immediately verbally reminding the children each time they fail to do so. Also, put your hand on the back of the child’s head to guide their eyes back to the adults face. The art of looking directly at adults will become a habit. This behavor has the added value of ensuring that adults include the child in the conversation, giving the child experience at adult conversation. Hint: If your child looks at the adult’s forehead (thus avoiding eye contact) the adult will be none the wiser -- try it!
• Table manners can be made fun and easy. Everyone who remembers to put their napkin in their lap and use it properly gets a special treat. Elbows on the table, noted, but not commented on, reduce the reward.
• Remember, you’ll be graded too, so watch your manners or you’ll be rewardless!
• To keep children calm and satisfied before the meal, give them peanuts or a peanut butter sandwich. The protein staves off hunger and the peanuts have a calming influence.
• Finally, do not embarrass your child by discussing their manners in public. Remember, the only thing worth embarrassing your child for is safety!
• Explain who will be in attendance at the meal, and how the children should refer to these guests (Mr., Ms. Aunt Jody, etc.) Tell the children a funny story (one you don’t mind having repeated) about each person, which will make the adults seem more approachable.
• Re-explain introductions: how to shake hands (no limp fish here) and the art of looking people in the eye. Looking adults in the eye is more than good manners, it is a skill which actually protects children from abuse of all kinds by adults. This skill is so important that I advocate immediately verbally reminding the children each time they fail to do so. Also, put your hand on the back of the child’s head to guide their eyes back to the adults face. The art of looking directly at adults will become a habit. This behavor has the added value of ensuring that adults include the child in the conversation, giving the child experience at adult conversation. Hint: If your child looks at the adult’s forehead (thus avoiding eye contact) the adult will be none the wiser -- try it!
• Table manners can be made fun and easy. Everyone who remembers to put their napkin in their lap and use it properly gets a special treat. Elbows on the table, noted, but not commented on, reduce the reward.
• Remember, you’ll be graded too, so watch your manners or you’ll be rewardless!
• To keep children calm and satisfied before the meal, give them peanuts or a peanut butter sandwich. The protein staves off hunger and the peanuts have a calming influence.
• Finally, do not embarrass your child by discussing their manners in public. Remember, the only thing worth embarrassing your child for is safety!
Health Policy Planning Pays Off
Dr. Thomas Fuller maintained that “Health is not valued until sickness comes.” Despite the fact that too many Americans still are without adequate health insurance, a growing number are anticipating and preparing for their health care needs. Typically health care plans renew at the start of the calendar year making November and December the best time to assess one’s health insurance provisions for the upcoming year.
Divorce can cause changes in health care coverage for the non-policy holding spouse. The policy holder should inform his or her employer or health plan administrator of the change and complete a change of enrollment form. The administrator will require proof of divorce, such as a notarized divorce certificate, before any adjustments are made.
The non-policy holding spouse is eligible for COBRA coverage. Such coverage is usually more expensive; however, it can buy up to 36 months worth of health coverage through an ex-spouse’s plan. The COBRA election is an option for a limited period of time and new health care applications can take four to six weeks to process.
Health care insurance change often involves provisions for children as well as spouses. Your child(ren) can be covered by either your or your ex-spouse’s insurance provider. If your children are on both parties’ policies the birthday rule may apply. Here the insurance of the party with the earliest birthday will be considered first in the event of a claim. This rule changes, however, if you and your ex-spouse have different types of health care policies. For example, if one party has a group policy and the other an individual or a COBRA policy, then the group policy will be applied first.
In addition, parties should consider whether it makes good sense to have dependent children on two different policies and incur duplicate costs and duplicate deductibles for similar coverage. Another point to consider is whether HMO coverage specific to a particular geographic reason makes good sense.
All of these issues point to the importance of good communication between the parties. Generally speaking, an insurance company will only notify the main policy holder of changes in benefits and rules so that party should be sure to keep the other abreast of new developments.
Thomas Jefferson once said that “Health is more important than learning.” Of course, both are essential to living a prosperous and satisfying life. Providing for your well being and that of your children is a worthwhile addition to your November calendar.
Divorce can cause changes in health care coverage for the non-policy holding spouse. The policy holder should inform his or her employer or health plan administrator of the change and complete a change of enrollment form. The administrator will require proof of divorce, such as a notarized divorce certificate, before any adjustments are made.
The non-policy holding spouse is eligible for COBRA coverage. Such coverage is usually more expensive; however, it can buy up to 36 months worth of health coverage through an ex-spouse’s plan. The COBRA election is an option for a limited period of time and new health care applications can take four to six weeks to process.
Health care insurance change often involves provisions for children as well as spouses. Your child(ren) can be covered by either your or your ex-spouse’s insurance provider. If your children are on both parties’ policies the birthday rule may apply. Here the insurance of the party with the earliest birthday will be considered first in the event of a claim. This rule changes, however, if you and your ex-spouse have different types of health care policies. For example, if one party has a group policy and the other an individual or a COBRA policy, then the group policy will be applied first.
In addition, parties should consider whether it makes good sense to have dependent children on two different policies and incur duplicate costs and duplicate deductibles for similar coverage. Another point to consider is whether HMO coverage specific to a particular geographic reason makes good sense.
All of these issues point to the importance of good communication between the parties. Generally speaking, an insurance company will only notify the main policy holder of changes in benefits and rules so that party should be sure to keep the other abreast of new developments.
Thomas Jefferson once said that “Health is more important than learning.” Of course, both are essential to living a prosperous and satisfying life. Providing for your well being and that of your children is a worthwhile addition to your November calendar.
Wednesday, January 19, 2011
Getting the Best Popsicles on the Block
Parenting can be a challenge in the best of times, but after the stress of divorce it can seem overwhelming. Sometimes we get so focused on the big picture things, like where children are going to attend school, that we forget about the little things, like popsicles!
Here’s what I mean. Children need to feel that they have control over some aspects of their life. While children shouldn’t be allowed to choose the family car, they need to have input in smaller decisions, like the flavor of the popsicles! It is OK to have the best popsicles on the block!
Another fun way to let children make smaller decisions is to let them choose an assortment of snacks to keep on hand.
For older children, allowing input in clothing, hair or decorating their rooms is completely appropriate. It need not cost a fortune. A quick tour of Target or other department stores will usually yield all the “cool” décor a child could want!
Letting the children know what is coming up on the schedule is another way to help them feel in control. Get them their own calendar and special stickers or markers to decorate it.
Also, remember to let the children know what is expected of them at new events. For example, if they are going to meet someone for the first time, tell them something about the person and practice shaking hands. This helps your child feel confident. And don’t forget the popsicles!
Here’s what I mean. Children need to feel that they have control over some aspects of their life. While children shouldn’t be allowed to choose the family car, they need to have input in smaller decisions, like the flavor of the popsicles! It is OK to have the best popsicles on the block!
Another fun way to let children make smaller decisions is to let them choose an assortment of snacks to keep on hand.
For older children, allowing input in clothing, hair or decorating their rooms is completely appropriate. It need not cost a fortune. A quick tour of Target or other department stores will usually yield all the “cool” décor a child could want!
Letting the children know what is coming up on the schedule is another way to help them feel in control. Get them their own calendar and special stickers or markers to decorate it.
Also, remember to let the children know what is expected of them at new events. For example, if they are going to meet someone for the first time, tell them something about the person and practice shaking hands. This helps your child feel confident. And don’t forget the popsicles!
Estate Planning After Your Divorce
Newly divorced people often forget to write a new will. It is sad that after spending time, energy and expense to protect assets during a dissolution, people do not take the final steps necessary to protect their assets should they die.
The Good News
A divorce has the same effect as if your spouse had predeceased you under your current Will, if you have one. In other words, any provision for your former spouse will be deleted and he or she will not receive an inheritance. If your Will lists contingent beneficiaries, the property will automatically skip your spouse and be transferred to your alternate beneficiaries.
If you do not have a Will, or if you spouse was your sole beneficiary in your Will, your property will transfer by “intestate succession” (i.e. by statute). Your property will be divided between any current spouse and your children. If you have neither, it will transfer to your parents, grandparents, siblings, etc.
The Bad News
For example, your contingent beneficiaries are likely your children. If your children are minors, the money generally will be under the control of their guardian, probably your former spouse. Although the guardian has a duty to spend or save the funds for the benefit of the children, there are no restrictions, for example, on using them to purchase a house for them (and your spouse) to live in; to buy food for them (and your spouse) or for them to take vacations (chaperoned by your spouse). There are several alternatives to deal with this problem. You can always name other beneficiaries. Or, if you want to leave your estate to your children, you can set up a trust for your children. You then choose the trustee, who will have control of the funds with specific instructions from you about how to use them.
More Bad News
If you do not provide specific beneficiaries in your Will, your estate will be distributed pursuant to statute. This may not be your desire. Although often the statutory distribution makes sense, it is always safer to expressly define your beneficiaries, so you can be assured that your assets go to the people who can most use them or who you care about most.
It’s Not Just the Will
Keep in mind that the entry of the dissolution judgment does not automatically delete a former spouse as a beneficiary of assets such as retirement plans, IRAs, life insurance policies, 401(k) plans, tax-deferred compensation plans, annuities, and the like. Unlike in a Will, failure to change a beneficiary designation will result in your former spouse receiving the assets upon your death.
The Good News
A divorce has the same effect as if your spouse had predeceased you under your current Will, if you have one. In other words, any provision for your former spouse will be deleted and he or she will not receive an inheritance. If your Will lists contingent beneficiaries, the property will automatically skip your spouse and be transferred to your alternate beneficiaries.
If you do not have a Will, or if you spouse was your sole beneficiary in your Will, your property will transfer by “intestate succession” (i.e. by statute). Your property will be divided between any current spouse and your children. If you have neither, it will transfer to your parents, grandparents, siblings, etc.
The Bad News
For example, your contingent beneficiaries are likely your children. If your children are minors, the money generally will be under the control of their guardian, probably your former spouse. Although the guardian has a duty to spend or save the funds for the benefit of the children, there are no restrictions, for example, on using them to purchase a house for them (and your spouse) to live in; to buy food for them (and your spouse) or for them to take vacations (chaperoned by your spouse). There are several alternatives to deal with this problem. You can always name other beneficiaries. Or, if you want to leave your estate to your children, you can set up a trust for your children. You then choose the trustee, who will have control of the funds with specific instructions from you about how to use them.
More Bad News
If you do not provide specific beneficiaries in your Will, your estate will be distributed pursuant to statute. This may not be your desire. Although often the statutory distribution makes sense, it is always safer to expressly define your beneficiaries, so you can be assured that your assets go to the people who can most use them or who you care about most.
It’s Not Just the Will
Keep in mind that the entry of the dissolution judgment does not automatically delete a former spouse as a beneficiary of assets such as retirement plans, IRAs, life insurance policies, 401(k) plans, tax-deferred compensation plans, annuities, and the like. Unlike in a Will, failure to change a beneficiary designation will result in your former spouse receiving the assets upon your death.
A new look at grandparents’ rights to custody
The death of a parent is a devastating event in any child’s life. Children of divorced parents are even more affected if the death is that of the custodial parent. A new question arises: who will get custody of the children after the death of the custodial parent? The answer is not always straightforward. Even though non- custodial parents seem natural successors in custody, they may not automatically be awarded custody. Often they are either unable or unwilling to become the custodial parent due to a wide range of issues from employment to mental or physical disabilities.
Therefore, grandparents are increasingly seen petitioning for custody. In the Matter of the Marriage of Eileen Winczewski the grandparents were awarded custody of their two grandchildren after their father’s death. The court found that the grandparents demonstrated by a preponderance of the evidence that the mother could not or would not be able to provide adequate care for the child, and that placing the children in her care would expose them to undue risk of physical or psychological harm.
It has long been established that parents have a protected right under the Fourteenth Amendment of the United States Constitution to care, custody, and control of their children. The Winczewski case established that this right can be overcome by a non parent who has demonstrated that there are compelling reasons why a parent should not receive custody.
Custody
Oregon courts do not have the authority to order “joint custody” unless agreed to by both parents (ORS 107.169). A joint custody arrangement can be positive for parents who can continue to constructively communicate and engage in joint legal decision-making for their children after the divorce is final. What happens when the parties do not agree and joint custody just isn’t feasible? One parent gets sole custody.
If you are not granted sole custody of your children, what are your rights? Oregon law says that no matter who is granted sole custody, both parents have certain rights with regard to their children. Unless the court says otherwise, both parents continue to have the authority:
(1) To inspect and receive school records and to consult with school staff concerning the child’s welfare and education;
(2) To inspect and receive governmental agency and law enforcement records concerning the child;
(3) To consult with any person who may provide care or treatment for the child and to inspect and receive the child’s medical, dental and psychological records;
(4) To authorize emergency medical, dental, psychological, psychiatric or other health care for the child if the custodial parent is, for practical purposes, unavailable; or
(5) To apply to be the child’s conservator, guardian ad litem or both. (ORS 107.154)
The non-custodial parent has the important rights enumerated above and can take the time to stay informed as to their children’s lives. The non-custodial parent can be just as involved with their children’s education, medical treatment and general well being, even if that parent doesn’t ultimately make the major decisions. The attorneys at SKJ&H can help you take advantage of these important rights during and after a divorce.
If you are not granted sole custody of your children, what are your rights? Oregon law says that no matter who is granted sole custody, both parents have certain rights with regard to their children. Unless the court says otherwise, both parents continue to have the authority:
(1) To inspect and receive school records and to consult with school staff concerning the child’s welfare and education;
(2) To inspect and receive governmental agency and law enforcement records concerning the child;
(3) To consult with any person who may provide care or treatment for the child and to inspect and receive the child’s medical, dental and psychological records;
(4) To authorize emergency medical, dental, psychological, psychiatric or other health care for the child if the custodial parent is, for practical purposes, unavailable; or
(5) To apply to be the child’s conservator, guardian ad litem or both. (ORS 107.154)
The non-custodial parent has the important rights enumerated above and can take the time to stay informed as to their children’s lives. The non-custodial parent can be just as involved with their children’s education, medical treatment and general well being, even if that parent doesn’t ultimately make the major decisions. The attorneys at SKJ&H can help you take advantage of these important rights during and after a divorce.
New Lines of Communication
Whether you are a parent with children away at college, a non-custodial parent whose child is away, or you, yourself are somebody’s child you know how tough it is to keep communication lines open between you and your love ones. To combat these communication concerns I have turned to the benefits of technology.
Tools such as email and chat can provide quick and easy ways to stay in touch with those we love, especially with our children who seemingly know all about this stuff and think it is cool. Most of us have used email but few of us have used chat programs. Chat programs provide instant written communication between users.
Setting up a Chat program on your computer is simple. On Windows, AOL has a great chat tool called AOL Instant Messenger. It is a free download (versiontracker.com) and accounts are free, too. If you have a Mac, Apple’s Ichat program works with A.I.M users. After the software is installed, open the application and you will be asked to login. If you already have an AOL screen name use that, if you don’t, then you must create one. You may sign in and add your friends’ screen names (called buddies) to your buddy list. If your buddy is logged on to his or her computer he or she will show up in your buddy list as being online. If a buddy is online, simply click on his or her name and start typing. You will both be glad you did.
Tools such as email and chat can provide quick and easy ways to stay in touch with those we love, especially with our children who seemingly know all about this stuff and think it is cool. Most of us have used email but few of us have used chat programs. Chat programs provide instant written communication between users.
Setting up a Chat program on your computer is simple. On Windows, AOL has a great chat tool called AOL Instant Messenger. It is a free download (versiontracker.com) and accounts are free, too. If you have a Mac, Apple’s Ichat program works with A.I.M users. After the software is installed, open the application and you will be asked to login. If you already have an AOL screen name use that, if you don’t, then you must create one. You may sign in and add your friends’ screen names (called buddies) to your buddy list. If your buddy is logged on to his or her computer he or she will show up in your buddy list as being online. If a buddy is online, simply click on his or her name and start typing. You will both be glad you did.
A Look at Employment Changes
People change employment situations for a variety of reasons: to cut down on hours worked, for a less stressful environment, or to retire and enjoy the golden years. A change may result in less income but bring with it a more enjoyable lifestyle. In a situation where a party, who is paying spousal support, switches jobs, the party may ask the court to modify their judgment to reflect their new, lower earnings.
Two criteria must be met for the court to consider setting a new spousal support level. First, the change must have been unanticipated at the time of the divorce. Second, the change must be made in good faith and not primarily for the purpose of avoiding the support obligation.
In Wilson & Wilson, a recent Court of Appeals case, the husband retired a few years before his mandatory retirement age. The Court held that this change was unanticipated and made in good faith. The wife’s benefit received from her interest in her husband’s FERS account was roughly equivalent to her spousal support award. So, the Court modified the divorce decree to eliminate the wife’s spousal support award.
Two criteria must be met for the court to consider setting a new spousal support level. First, the change must have been unanticipated at the time of the divorce. Second, the change must be made in good faith and not primarily for the purpose of avoiding the support obligation.
In Wilson & Wilson, a recent Court of Appeals case, the husband retired a few years before his mandatory retirement age. The Court held that this change was unanticipated and made in good faith. The wife’s benefit received from her interest in her husband’s FERS account was roughly equivalent to her spousal support award. So, the Court modified the divorce decree to eliminate the wife’s spousal support award.
Looking In All The Right Places
Oregonians today are searching the job market in record high numbers.
Among them are new graduates as well as those reentering the work force after years of absence. For each group, a necessary ingredient is self confidence. Arthur Ashe once said, “One important key to success is self confidence [and] an important key to self confidence is preparation.” With this in mind, how can you prepare for the hunt in today’s challenging employment environment?
Helen Keller suggests that we “look the world right in the eye.” You should start with your immediate circle of friends and acquaintances and network. In today’s tight job market, who you know is as important (or maybe even more so) than what you know. Spread the word informally and try to schedule some informational interviews. Consider volunteering as a way to get your foot in the door, gain a little experience and position yourself for that lucky break. Go to the local community college (even if you have an undergraduate or graduate degree) and try to meet with a career counselor. Most community colleges are vocational and frequently have transition programs which target displaced workers, homemakers and single parents. Community colleges also offer an assortment of computer training programs.
In short, be bold and be prepared. Albert Einstein once confessed, “I have no special talents. I am only passionately curious.” To jobseekers everywhere I say: heed this genius’s wisdom, and act upon your own curiosity, starting right now.
Good luck!
Among them are new graduates as well as those reentering the work force after years of absence. For each group, a necessary ingredient is self confidence. Arthur Ashe once said, “One important key to success is self confidence [and] an important key to self confidence is preparation.” With this in mind, how can you prepare for the hunt in today’s challenging employment environment?
Helen Keller suggests that we “look the world right in the eye.” You should start with your immediate circle of friends and acquaintances and network. In today’s tight job market, who you know is as important (or maybe even more so) than what you know. Spread the word informally and try to schedule some informational interviews. Consider volunteering as a way to get your foot in the door, gain a little experience and position yourself for that lucky break. Go to the local community college (even if you have an undergraduate or graduate degree) and try to meet with a career counselor. Most community colleges are vocational and frequently have transition programs which target displaced workers, homemakers and single parents. Community colleges also offer an assortment of computer training programs.
In short, be bold and be prepared. Albert Einstein once confessed, “I have no special talents. I am only passionately curious.” To jobseekers everywhere I say: heed this genius’s wisdom, and act upon your own curiosity, starting right now.
Good luck!
A New Look At Debt Assignment
Debts — everyone has them, no one wants them. As a general rule, the debts incurred over the course of a marriage are split equally between the husband and the wife at the time of dissolution. However, in a recent case of first impression, the Court of Appeals modified this general rule in a specific circumstance.
In Ashlock and Ashlock, the wife decided that she did not want any of the 22 million shares of the husband’s Internet business, which had little or no value at the time of the divorce and substantial debt.
Conversely, the husband asked to be awarded all of the business. The trial court acquiesced to the parties wishes and awarded the entire business to the husband. The trial court split all of the marital debt equally between the parties.
On appeal, the wife claimed that the trial court erred in assigning her half of the debt of the business. The Court of Appeals, deciding this issue for the first time, agreed with the wife. They stated that, as a general rule, if a business is awarded entirely to one party, the debts associated with that business should be assigned to that party as well.
In Ashlock and Ashlock, the wife decided that she did not want any of the 22 million shares of the husband’s Internet business, which had little or no value at the time of the divorce and substantial debt.
Conversely, the husband asked to be awarded all of the business. The trial court acquiesced to the parties wishes and awarded the entire business to the husband. The trial court split all of the marital debt equally between the parties.
On appeal, the wife claimed that the trial court erred in assigning her half of the debt of the business. The Court of Appeals, deciding this issue for the first time, agreed with the wife. They stated that, as a general rule, if a business is awarded entirely to one party, the debts associated with that business should be assigned to that party as well.
Tackling Practicality
It is increasingly common to see divorced parents who are living some distance apart. Oregon does not place many legal restrictions on custodial parents moving with the children. As a result the custodial may move hundreds to thousands of miles away.
This creates great difficulty in effectuating healthy parenting time. It is important to recognize these problems are not necessarily legal. Some common practical problems include financial inability to facilitate transportation; inability due to a lack of work schedule flexibility; and weather problems. The age of the children can also create “distance parenting” problems. Younger children tend to benefit by frequency rather than duration of parenting time. Older children are often hesitant to miss planned activities in their “home towns.”
Many parents have difficulty accepting the solutions to these practicality problems. A good example is the parent who asks for every other weekend when they are living 300 or more miles apart. The best solution is usually found in school schedules which create extended weekends and in giving the noncustodial parent extended time in summer and a greater portion of the holidays. These solutions require sacrifice by both parents. Both need to find motivation in the realization that the transportation burdens are primarily bore by the children whose only desire is to be with their moms and dads.
A New Look At Agreements
A contract consists of an offer, acceptance of that offer, and consideration exchanged by the parties. In Oregon consideration is the accrual of some benefit or legal right to one party and some benefit or forbearance by the other party. What this means is that generally both sides to an agreement have to give up something (money, property, labor, etc.) in order for a contract to be valid.
In a recent case, Compton v. Compton, however, the Court of Appeals indicates that where a written agreement regarding the support of a child is concerned and where one of the parties relies on that agreement, the agreement may be enforceable despite the lack of consideration by the other party. The reliance on the agreement makes it enforceable. This only applies to agreements reached privately between parties without court approval.
An agreement that might run afoul of this new interpretation would consist of a written agreement for one party to provide monetary support for a child while receiving in return something that the party is already legally entitled to receive, such as visitation with the child. The best thing to do if contemplating such an agreement would be to contact an attorney.
In a recent case, Compton v. Compton, however, the Court of Appeals indicates that where a written agreement regarding the support of a child is concerned and where one of the parties relies on that agreement, the agreement may be enforceable despite the lack of consideration by the other party. The reliance on the agreement makes it enforceable. This only applies to agreements reached privately between parties without court approval.
An agreement that might run afoul of this new interpretation would consist of a written agreement for one party to provide monetary support for a child while receiving in return something that the party is already legally entitled to receive, such as visitation with the child. The best thing to do if contemplating such an agreement would be to contact an attorney.
Making Summertime Plans
It’s not rocket science although sometimes it seems as though it might be.
Arranging summer plans for children of divorce often provides an early springtime challenge for divorced parents but this need not be true.
A mutual commitment to make the child(ren) the focal point is a necessary first step. Divorced parents must approach this annual planning session with an air of flexibility and cooperation. Hopefully, the end prize is a stress free, interesting school vacation in which parents can play active roles in building strong supportive networks for their child(ren).
A few practical tips are worth noting. Start making plans early. Organizing the calendars for multiple households, finding availability in choice camps and programs, and planning vacation schedules for working parents are acomplished more easily with an early start. Respond to your “ex” promptly and politely. If you must say no, do your best to suggest a palatable alternative. Cooperating in this way seems an appropriate thank you to the child(ren) who are shuttled between two households throughout the year. More importantly, it will reassure your child(ren) that the love you share for them cannot be diminished by divorce. After all, it’s not rocket science.
Arranging summer plans for children of divorce often provides an early springtime challenge for divorced parents but this need not be true.
A mutual commitment to make the child(ren) the focal point is a necessary first step. Divorced parents must approach this annual planning session with an air of flexibility and cooperation. Hopefully, the end prize is a stress free, interesting school vacation in which parents can play active roles in building strong supportive networks for their child(ren).
A few practical tips are worth noting. Start making plans early. Organizing the calendars for multiple households, finding availability in choice camps and programs, and planning vacation schedules for working parents are acomplished more easily with an early start. Respond to your “ex” promptly and politely. If you must say no, do your best to suggest a palatable alternative. Cooperating in this way seems an appropriate thank you to the child(ren) who are shuttled between two households throughout the year. More importantly, it will reassure your child(ren) that the love you share for them cannot be diminished by divorce. After all, it’s not rocket science.
Circumstances for Modification of Spousal Support
In these uncertain economic times circumstances often change. Some people might retire, either voluntarily or involuntarily while others may be laid off or “downsized.” In both instances Oregon Law allows for modification of spousal support if changed circumstances are clearly established.
In the Matter of the Marriage of McArdle And McArdle, the Court of Appeals was asked to modify a spousal support award in a ten year marriage in which the sixty three year old husband opted to retire. Husband’s $1500 monthly income drop was a significant enough decline to warrant a modification of spousal support.
In the Matter of the Marriage of Vandenberg and Vandenberg the court was asked to modify an existing settlement in which the parties agreed to ten years of spousal support. The wife suffered from severe depression and asked that her support be extended because her mental health had not improved. The trial court noted that deterioration in the mental state of one of the parties could constitute changed circumstances, but the wife failed to show that her support award was predicated on her mental health improving. Thus, the wife’s failure to improve did not constitute a sufficent change in circumstances to support a modification of the judgment.
In the Matter of the Marriage of McArdle And McArdle, the Court of Appeals was asked to modify a spousal support award in a ten year marriage in which the sixty three year old husband opted to retire. Husband’s $1500 monthly income drop was a significant enough decline to warrant a modification of spousal support.
In the Matter of the Marriage of Vandenberg and Vandenberg the court was asked to modify an existing settlement in which the parties agreed to ten years of spousal support. The wife suffered from severe depression and asked that her support be extended because her mental health had not improved. The trial court noted that deterioration in the mental state of one of the parties could constitute changed circumstances, but the wife failed to show that her support award was predicated on her mental health improving. Thus, the wife’s failure to improve did not constitute a sufficent change in circumstances to support a modification of the judgment.
Oregon’s Progressive Adoption Laws - Step Parent Adoption
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, January 12, 2011
Smart-Phone Battery Life
If you are a smart-phone user, you have probably noticed that the battery life isn’t great, especially compared to regular cell phones. All those features and apps suck up power, and the small package doesn’t leave room for a large battery. Fortunately, there are simple steps you can take to keep your battery running longer between charges.
1. Adjust the brightness. A brighter screen uses more power. Turning down the brightness can make a big difference. Some smart-phones offer an Auto-Brightness setting that adjusts to ambient light.
2. Turn off Bluetooth and Wi-Fi until you need them. Both of these features use power to scan for connections all the time. Turning them off until you can connect to a bluetooth headset or Wi-Fi network will save power. When you have a Wi-Fi network available, using that service rather than the cellular network will give you faster Internet and use less power.
3. Change the frequency of updates. Every time your phone checks email, it uses power; the more often it checks, the shorter your battery life. Consider changing your settings to check email every 15 minutes, or even every hour. Apps that automatically refresh, such as Facebook or Twitter, can also be power drains, so check their refresh times or even turn them off.
4. Turn off GPS and Navigation. It’s one of the great features of a smart-phone, but it also drains batteries quickly. Turning off the GPS until you need it can help the battery significantly. The same goes for location features like those in Twitter or stand-alone services like FourSquare or Loopt.
5. Keep the battery from getting too hot. Heat can also kill a battery, so avoid leaving your phone out in the sun or in other places where it will stay above room temperature for long periods.
If you’ve tried all these and your battery still won’t last long enough, try refreshing the battery by draining it completely, to where the phone shuts off, then giving it a full charge. Also, Android phones offer a Battery Use feature that will show you where your battery charge is being used. Utilizing that tool will give you a good idea of where you might want to make changes.
1. Adjust the brightness. A brighter screen uses more power. Turning down the brightness can make a big difference. Some smart-phones offer an Auto-Brightness setting that adjusts to ambient light.
2. Turn off Bluetooth and Wi-Fi until you need them. Both of these features use power to scan for connections all the time. Turning them off until you can connect to a bluetooth headset or Wi-Fi network will save power. When you have a Wi-Fi network available, using that service rather than the cellular network will give you faster Internet and use less power.
3. Change the frequency of updates. Every time your phone checks email, it uses power; the more often it checks, the shorter your battery life. Consider changing your settings to check email every 15 minutes, or even every hour. Apps that automatically refresh, such as Facebook or Twitter, can also be power drains, so check their refresh times or even turn them off.
4. Turn off GPS and Navigation. It’s one of the great features of a smart-phone, but it also drains batteries quickly. Turning off the GPS until you need it can help the battery significantly. The same goes for location features like those in Twitter or stand-alone services like FourSquare or Loopt.
5. Keep the battery from getting too hot. Heat can also kill a battery, so avoid leaving your phone out in the sun or in other places where it will stay above room temperature for long periods.
If you’ve tried all these and your battery still won’t last long enough, try refreshing the battery by draining it completely, to where the phone shuts off, then giving it a full charge. Also, Android phones offer a Battery Use feature that will show you where your battery charge is being used. Utilizing that tool will give you a good idea of where you might want to make changes.
Wednesday, January 5, 2011
Could My Spouse Get Less Than Half?
A recent atypical appellate case, Carlson and Carlson 136 Or.App. 291, has lawyers scratching their heads and wondering what may come next for divorce law. The decision in this case could signal a change in the way divorce courts analyze the division of business interests in cases where one spouse, the “breadwinner,” primarily tends to his or her business while the other, the “homemaker,” primarily tends to maintaining the home.
Trial judges in Oregon have typically been squeamish about placing exact numbers or percentages on parties’ financial contributions to a marriage, especially when the parties have contributed in different ways (i.e. economic vs. non-economic). Trial courts usually rely on a legal presumption that each spouse contributed equally to assets acquired during the marriage. Often, breadwinners are overly confident that they can prove they deserve to keep the lion’s share of the marital assets, and so choose to go to trial. As a practical matter, though, proving the percentage each party contributed to marital assets is difficult to do at trial. For this reason, marital assets, including the value of business interests, are most often divided equally between the spouses.
The case of Carlson and Carlson is unusual in that the court exhibited no inhibitions about comparing the breadwinner-husband and homemaker-wife’s contributions to the husband’s business. Mr. Carlson came into the marriage with his business, which he grew substantially during the marriage. Mrs. Carlson, who was limited by health concerns, stayed home and tended to the house and their pets. She also decorated the business offices and spoke to her husband about business matters.
The court acknowledged Mrs. Carlson’s not-insignificant homemaking contributions, which allowed her husband to focus on his business. However, because she had not been an actual employee of the company and had not been responsible for raising any children, the court awarded Mrs. Carlson only 15% of the business’ appreciation, a major deviation from the usual 50%.
While it is still too early to tell what effects will be felt from the Carlson ruling, many divorce lawyers may feel tempted to cite the ruling in this case, especially if they represent business owners. However, this case involved unique circumstances that could restrict the extent to which this ruling can be applied, including an especially limited homemaker with no children to care for. While the basic scenario in this case may be common, the devil is always in the details.
Trial judges in Oregon have typically been squeamish about placing exact numbers or percentages on parties’ financial contributions to a marriage, especially when the parties have contributed in different ways (i.e. economic vs. non-economic). Trial courts usually rely on a legal presumption that each spouse contributed equally to assets acquired during the marriage. Often, breadwinners are overly confident that they can prove they deserve to keep the lion’s share of the marital assets, and so choose to go to trial. As a practical matter, though, proving the percentage each party contributed to marital assets is difficult to do at trial. For this reason, marital assets, including the value of business interests, are most often divided equally between the spouses.
The case of Carlson and Carlson is unusual in that the court exhibited no inhibitions about comparing the breadwinner-husband and homemaker-wife’s contributions to the husband’s business. Mr. Carlson came into the marriage with his business, which he grew substantially during the marriage. Mrs. Carlson, who was limited by health concerns, stayed home and tended to the house and their pets. She also decorated the business offices and spoke to her husband about business matters.
The court acknowledged Mrs. Carlson’s not-insignificant homemaking contributions, which allowed her husband to focus on his business. However, because she had not been an actual employee of the company and had not been responsible for raising any children, the court awarded Mrs. Carlson only 15% of the business’ appreciation, a major deviation from the usual 50%.
While it is still too early to tell what effects will be felt from the Carlson ruling, many divorce lawyers may feel tempted to cite the ruling in this case, especially if they represent business owners. However, this case involved unique circumstances that could restrict the extent to which this ruling can be applied, including an especially limited homemaker with no children to care for. While the basic scenario in this case may be common, the devil is always in the details.
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