Often in child custody cases, issues are raised regarding the manner in which a child is being transported and whether it complies with state law regarding appropriate child safety restraints. In many cases, parents have a basic understanding of what the bare legal requirements are, but little or no knowledge of what precautions the experts recommend above and beyond what the law requires. As a result, studies show that a very small percentage of parent use booster seats in transporting children between the ages of four and seven.
In Ohio, legislation has been passed to legally require the use of booster seats for children in the four to seven age group. On January 6, 2009, Governor Strickland signed Amended House Bill 320 into effect making significant changes to Ohio's child safety seat requirements.
Although some members of the House and Senate viewed the additional requirement as an unnecessary infringement on individual liberties, several child safety and transportation groups came out in active support of the bill.
Under our current law, Ohio is one of only a few states for which child restraint laws are standard for all children under the age of eight. Under current Ohio law, an appropriate car seat is required for any child who is under the age of four or weighs less than 40 lbs.. Under the amendments contained in the bill, Ohio parents would also be required to have any child under the age of eight who is shorter than 4'9" tall in a properly installed booster seat which complies with Federal motor vehicle safety standards. The violation of this requirement is still a secondary offense meaning that a driver cannot be pulled over just for not having the booster seat.
Colorado, Nebraska, and Pennsylvania, are states which are also viewed by child safety groups as deficient in their child restraint laws; However, Ohio was singled out and chastised recently by the National Transportation Safety Board for our lack of a booster seat requirement for the 4 to 7 age group. Further, the absence of a primary offense for failure to properly restrain children with booster seats in the 4 to 7 age group has been cited as a central obstacle to millions in Federal grant money which would otherwise be available to Ohio.
According to the AAA Foundation for Traffic Safety, appropriate booster seats are used by only a small percentage of the drivers and booster seats are extremely effective in reducing injuries in crashes involving children ages four to seven years old. In support, the Foundation cites research by the Children's Hospital of Philadelphia indicating that children in this age category who were seated in booster seats were 59% less likely to suffer serious injury in crashes than those who were restrained using only a seat belt.
For help in finding and evaluating car seats and booster seats, an excellent guide can be found at http://www.thenewparentsguide.com/choosing-a-car-seat.htm. For more information concerning this and other issues affecting the rights and obligations of parents in Ohio, feel free to visit the author at http:www.midohiodivorce.com
Monday, January 5, 2009
Sunday, December 21, 2008
Organize your Way to a Cheaper Divorce
Many clients do not have the time or inclination to organize their financial documentation, and most family law attorneys spend countless hours with support staff sifting through piles of checking and savings account statements, cancelled checks, quarterly statements, and other personal and business documents. In many cases, the client has the financial wherewithal to afford this service and is content with delegating it to his or her counsel. But, what about the client who wants to save on attorney's fees? For such clients, knowing how to organize these documents ahead of time can truly expedite the divorce and reduce the cost of litigation.
The benefit of organizing your financial documents before you submit them to your divorce attorney is greater than just saving the expense of having your attorney's staff sort through the information. In total, the benefits are three fold.
It will save you time and money;
It will help you develop an orderly understanding of your finances which will help you respond to questions accurately and effectively in depositions, settlement negotiations, and trial.
It will give you an organized starting point from which to conduct your post-divorce financial planning.
While many of the clients can very well afford to have their attorney’s office organize their documentation for them, most successful business people organize their own paperwork for the foregoing three reasons.
Of course, organizing your financial records not only gives you control over the information, but it is also appreciated by your attorney as well. While most family law attorneys have personnel who are extremely adept at organizing documentation for a divorce, previously organized documentation saves time and allows your attorney’s office to concentrate on other more constructive matters important to your divorce case.
If you wish to organize your financial records before consulting counsel, the following suggestions should prove useful.
Understand what the attorney needs before it is produced.
Most clients understand that current statements concerning assets and liabilities are relevant to the division of their assets and debts, but they do not understand that a transactional history (past statements) are necessary as well. These statements may be important on a number of issues, including a determination of whether separate property interests exist, a determination of additional sources of income for child and spousal support purposes, or the use of a date preceding the date of the final divorce trial should the court deem it appropriate.
In short, a history of each asset and debt with any monthly, quarterly, and annual statements regarding each asset and debt is always helpful.
When in doubt, produce it.
If you are unsure of a document’s usefulness, include it. A good attorney can determine quickly if a document is important or irrelevant. If it is irrelevant, it will either go back to the client or in the back of the file until the case is concluded or the client needs it back. If, however, you feel that something may be relevant, but do not produce it, the attorney has no ability to determine whether or not the document is relevant or important to your case.
Organize your records in the order the court considers them.
Generally, the court in a divorce will first determine whether grounds for divorce exists, then proceeds to divide assets and liabilities, before addressing issues of child support and spousal support. For purposes of organizing your documentation, the best approach is usually to first divide your documentation into four categories: assets, debts, income and expenses.
Organize your asset and debt documentation.
Divide the asset documentation by type of asset (real estate, automobiles, financial accounts, stocks and bonds, business entities, whole or universal life insurance, and personal property). Then, divide each set by individual financial institution and account number. Divide debt documentation in the same manner as the asset documentation and separate by financial institution and then by account number. Once the information is organized, type out an itemized list of the assets and debts to review with your counsel.
Organize your income and expense documentation.
Your income, child care expense, health insurance expense, and monthly expense documentation is usually important child and spousal support determination. Thus, I always suggest organizing this documentation into separate files such as: (i) income tax returns; (ii) separate files for each additional income source (i.e. a side consulting job or rental property); and (iii) separate files for expense documentation that supports a client’s monthly budget.
Make sure the contents of each of your files are in chronological order.
Go through each file and make sure the documentation is in chronological order from the most recent information to the oldest documentation that you have. By doing this, the attorney’s office only has to open the file to determine whether more recent documentation is needed or to view the most recent statement to determine the most current valuation you have on the asset or liability.
Remember to keep a full copy for your own records and review.
Not only should you keep a copy of the financial documentation you give your attorney for future use, but you should also keep an organized file of the pleadings and correspondences which your attorney sends to you. By doing this, you will save time and money, and eliminate costly communication errors.
Organize your monthly budget and reduce it to writing.
Most parties to a divorce action will also need to take time to complete a monthly budget. Remember that a divorce entails dividing one financial household into two. Thus, a monthly budget may be necessary to help you get through this trying financial time. Further, a monthly budget will often be required by the court if you or your spouse is pursuing temporary orders, child support, or spousal support. Regardless, careful consideration of your monthly expenses in advance will usually be invaluable to your divorce attorney in arguing your case regarding support issues.
It is important to remember that there are three types of expenses which should be given full consideration when you do your budget. First, there are one time expenses related to your separation from your spouse. Were you the one who moved out of the marital residence? Did you spend post-separation income or separate property in replacing furniture, paying a deposit on a rental property, or reestablishing yourself? If so, pay close attention to these expenses, itemize them in a statement, and thoroughly document them for consideration in the division of the marital estate.
Second, you need to remember not only the common month-to-month expenses in your budget, but also the less common once-per-year expenses. for example, quarterly insurance payments, taxes, and annual automobile registrations. It is usually helpful to go through your expenses for the past year in determining your budget. In doing this, annualize any expenses and calculate the monthly figure for these expenses. Personal financial software such as Quicken and Microsoft Money are excellent for this purpose, and many financial institutions allow clients to download up to six months of past checking account, savings account, and credit card transactions directly into your computer's financial software via the internet. In this manner, you can have a detailed and accurate report of your expenses for the past several months in a matter of minutes.
One important point to make about your monthly budget is to be honest. Most parties to a divorce tend to under-represent their expenses either because they do not fully realize how much they spend throughout the year or they shave off expenses out of a misplaced sense of guilt or modesty. The best alternative is to be honest with yourself and your attorney regarding your monthly expenses. If your actual, honest, budget is deemed excessive by your divorce attorney, he or she will surely advise you accordingly and help you modify your budget before it is presented to the court. If your budget is too low, however, your attorney may not even question it, and you may have difficulty making ends meet.
The benefit of organizing your financial documents before you submit them to your divorce attorney is greater than just saving the expense of having your attorney's staff sort through the information. In total, the benefits are three fold.
It will save you time and money;
It will help you develop an orderly understanding of your finances which will help you respond to questions accurately and effectively in depositions, settlement negotiations, and trial.
It will give you an organized starting point from which to conduct your post-divorce financial planning.
While many of the clients can very well afford to have their attorney’s office organize their documentation for them, most successful business people organize their own paperwork for the foregoing three reasons.
Of course, organizing your financial records not only gives you control over the information, but it is also appreciated by your attorney as well. While most family law attorneys have personnel who are extremely adept at organizing documentation for a divorce, previously organized documentation saves time and allows your attorney’s office to concentrate on other more constructive matters important to your divorce case.
If you wish to organize your financial records before consulting counsel, the following suggestions should prove useful.
Understand what the attorney needs before it is produced.
Most clients understand that current statements concerning assets and liabilities are relevant to the division of their assets and debts, but they do not understand that a transactional history (past statements) are necessary as well. These statements may be important on a number of issues, including a determination of whether separate property interests exist, a determination of additional sources of income for child and spousal support purposes, or the use of a date preceding the date of the final divorce trial should the court deem it appropriate.
In short, a history of each asset and debt with any monthly, quarterly, and annual statements regarding each asset and debt is always helpful.
When in doubt, produce it.
If you are unsure of a document’s usefulness, include it. A good attorney can determine quickly if a document is important or irrelevant. If it is irrelevant, it will either go back to the client or in the back of the file until the case is concluded or the client needs it back. If, however, you feel that something may be relevant, but do not produce it, the attorney has no ability to determine whether or not the document is relevant or important to your case.
Organize your records in the order the court considers them.
Generally, the court in a divorce will first determine whether grounds for divorce exists, then proceeds to divide assets and liabilities, before addressing issues of child support and spousal support. For purposes of organizing your documentation, the best approach is usually to first divide your documentation into four categories: assets, debts, income and expenses.
Organize your asset and debt documentation.
Divide the asset documentation by type of asset (real estate, automobiles, financial accounts, stocks and bonds, business entities, whole or universal life insurance, and personal property). Then, divide each set by individual financial institution and account number. Divide debt documentation in the same manner as the asset documentation and separate by financial institution and then by account number. Once the information is organized, type out an itemized list of the assets and debts to review with your counsel.
Organize your income and expense documentation.
Your income, child care expense, health insurance expense, and monthly expense documentation is usually important child and spousal support determination. Thus, I always suggest organizing this documentation into separate files such as: (i) income tax returns; (ii) separate files for each additional income source (i.e. a side consulting job or rental property); and (iii) separate files for expense documentation that supports a client’s monthly budget.
Make sure the contents of each of your files are in chronological order.
Go through each file and make sure the documentation is in chronological order from the most recent information to the oldest documentation that you have. By doing this, the attorney’s office only has to open the file to determine whether more recent documentation is needed or to view the most recent statement to determine the most current valuation you have on the asset or liability.
Remember to keep a full copy for your own records and review.
Not only should you keep a copy of the financial documentation you give your attorney for future use, but you should also keep an organized file of the pleadings and correspondences which your attorney sends to you. By doing this, you will save time and money, and eliminate costly communication errors.
Organize your monthly budget and reduce it to writing.
Most parties to a divorce action will also need to take time to complete a monthly budget. Remember that a divorce entails dividing one financial household into two. Thus, a monthly budget may be necessary to help you get through this trying financial time. Further, a monthly budget will often be required by the court if you or your spouse is pursuing temporary orders, child support, or spousal support. Regardless, careful consideration of your monthly expenses in advance will usually be invaluable to your divorce attorney in arguing your case regarding support issues.
It is important to remember that there are three types of expenses which should be given full consideration when you do your budget. First, there are one time expenses related to your separation from your spouse. Were you the one who moved out of the marital residence? Did you spend post-separation income or separate property in replacing furniture, paying a deposit on a rental property, or reestablishing yourself? If so, pay close attention to these expenses, itemize them in a statement, and thoroughly document them for consideration in the division of the marital estate.
Second, you need to remember not only the common month-to-month expenses in your budget, but also the less common once-per-year expenses. for example, quarterly insurance payments, taxes, and annual automobile registrations. It is usually helpful to go through your expenses for the past year in determining your budget. In doing this, annualize any expenses and calculate the monthly figure for these expenses. Personal financial software such as Quicken and Microsoft Money are excellent for this purpose, and many financial institutions allow clients to download up to six months of past checking account, savings account, and credit card transactions directly into your computer's financial software via the internet. In this manner, you can have a detailed and accurate report of your expenses for the past several months in a matter of minutes.
One important point to make about your monthly budget is to be honest. Most parties to a divorce tend to under-represent their expenses either because they do not fully realize how much they spend throughout the year or they shave off expenses out of a misplaced sense of guilt or modesty. The best alternative is to be honest with yourself and your attorney regarding your monthly expenses. If your actual, honest, budget is deemed excessive by your divorce attorney, he or she will surely advise you accordingly and help you modify your budget before it is presented to the court. If your budget is too low, however, your attorney may not even question it, and you may have difficulty making ends meet.
Saturday, December 20, 2008
Getting Divorced Without Going Broke
In bad economic times, two things are almost certain. First, the divorce rate is going to increase. Second, the parties are less able to afford them. If you are unfortunate enough to find yourself in a divorce situation during tough economic times, you're going to wonder how you can make sure your interests are protected in your divorce without going broke in the process. Here are five suggestions to help keep the cost of your divorce litigation in check.
1. Don't even consider going it alone unless you have no other choice.
One trend which has been frustrating family courts has been the increase of "pro se" divorce filings. "Pro se" is the term commonly used for parties who are without legal counsel. Although a divorce can be a complex matter fraught with opportunities to make extremely costly errors, the court generally cannot provide legal advice to the parties nor can it refuse to hear the case without involvement of qualified divorce counsel. Even with a slight error in language, the end result can be the loss of an interest in retirement funds, the loss of child custody, the inability to discharge debts in bankruptcy, errors in spousal support calculation, and numerous other possibilities. Even if the end result is satisfactory, going it alone can result in needless frustration, a substantial, and unforeseen, time commitment on the part of the pro se parties and the court, and more cost than initially anticipated in light of additional court costs and time away from work finalizing the case.
When looking at the cost of divorce litigation, parties often look at the expense of the attorney and court costs alone without taking other, indirect, costs into account. While an attorney may charge $1,500.00 for an uncontested divorce, a party who decides to represent himself may find that the fee would have been well worth it once he goes through the process of doing the requisite research, completing the requisite forms, filing them, and addressing any problems raised by the court.
The general rule regarding legal representation in your divorce case is simply this: the earlier in the divorce process that you consult legal counsel, the more effective your legal counsel can be. While you might not be sure as to whether you wish to file for divorce or take other steps to address the conflict in your relationship, an experienced family law attorney can be a considerable resource. While most experienced family law attorneys maintain a low fee for initial consultations, they are also willing to discuss your options with you so that you may make an informed decision. Further, many maintain a list of competent marriage counselors and other community resources to assist you. They can also help you consider whether certain actions will affect you positively or negatively in a future divorce case.
If you simply do not have the financial ability to hire a qualified family law attorney, there are a few other options available to you. Quite often, the local Legal Aid Society will provide representation to indigent clients in divorce cases. You should also contact the local bar association and local law schools to see whether they offer a divorce clinic where indigent parties can obtain free representation in their divorce cases. If all else fails, and you do have to complete your paperwork yourself, you can often hire local counsel for a nominal fee to simply review your paperwork and advise you regarding any glaring errors he or she may find before you submit it to the court for filing.
2. Do your research before retaining counsel.
In interviewing attorneys, make sure you know as much as possible about their experience and focus of their practices before making a final determination. Family law attorneys can have varying degrees of experience as well as a broad range of strengths, skills, relevant education and training, and, of course, weaknesses. In choosing an attorney to represent your interests, you should seek out an experienced and concerned attorney who will represent your interests and promote your goals zealously while also making sure that your decisions are being made based on reason rather than emotion. Most importantly, you should seek out an attorney with whom you are comfortable and who you feel you can trust. The determination of whether one is comfortable with an attorney and feels that he or she can trust the attorney is obviously a personal, and subjective, one. However, the determination of whether an attorney possesses the optimal amount of experience and knowledge in family law can be easily researched and ascertained through a couple of questions in the initial interview.
Find out if your state offers a "family law specialist" designation and, if so, whether the attorney you are consulting with is a family law specialist. Quite often, a state family law specialty designation carries heightened requirements concerning the percentage of the attorney's practice devoted to family law cases, continuing legal education dedicated to family law issues, references from local family law attorneys and court staff, and often even submission to a family law specialty exam or other advanced screening process.
Not specializing in Family Law Practice does not mean an attorney is not competent to handle a Family Law case. However, where the attorney is not a specialist, or if you live in a state which does not offer a family law specialist designation, you should still inquire regarding the percentage of the attorney's practice which is devoted to family law cases. Often, a greater focus on family law cases will entail an office with staff who are more experienced with the family law process and in handling issues which may arise from day to day as well as a more streamlined approach to handling domestic cases which, in turn, may result in more efficient and expedient representation.
3. Find out whether your counsel takes full advantage of recent technological advances in his or her practice.
Does the attorney use email? Believe it or not, there are still attorneys who do not have a computer in their offices let alone use document automation software or computerized case management systems. They rely upon more traditional methods of communication and this works well for them and their clients. However, with such methods comes the need for additional personnel, increased telephone expense, and a greater time investment than would exist if these technologies were used.
Document assembly software is simply software which generates the various forms required for a divorce filing from a central database of client information. Rather than entering the same information numerous times on numerous forms, the information is entered once and the documents are automatically populated with the requisite information. Document assembly software streamlines the document assembly process and allows attorneys to spend less time drafting paperwork and more time focusing on the legal issues in the case.
4. Make sure you fully understand your attorney's billing policies.
Recently, I read an advertisement for a "$350.00 flat fee for uncontested divorce" offered by a local law firm where I practice. The ad seemed deceptive since the filing fees for a divorce in the county where I practice were $250.00 which were clearly not included in the quoted price of $350.00 for an uncontested divorce. With the filing fee, the cost of a process server and any other necessary outside expenses, the ultimate cost of the divorce would be similar to the rates charged by other attorneys in the area. Thus, regardless of whether the attorney charges a flat fee or an hourly rate, you should always review the attorney's billing policy to see whether there are other charges such as filing fees, postage, service of process, long-distance telephone charges, copies, or other charges in addition to the quoted fee.
The other key word in the "$350.00 flat fee for uncontested divorce" ad was the word "uncontested." Often, parties will jump at the offer without asking the question of what happens if they cannot reach an agreement with their spouse on the terms of the divorce. If this happens, the "uncontested" divorce quickly becomes a "contested" one and the client often has to pay additional fees for contested divorce representation.
5. Find out what types of alternative dispute resolution are available in your area.
Sometimes even the roughest conflicts can be resolved amicably through mediation or arbitration. The only true way to limit the expense of your divorce is to try and resolve your issues amicably with your spouse. This can involve one on one mediation or a settlement conference with your attorneys present. However, you should always inquire with your attorney regarding options for settlement or streamlining the process through any available alternative dispute resolution programs.
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