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Why Mediate Family Law Issues?

Why Mediate?

Why mediate family law issues?

1. Cost. This is a given and the one that most people think about. Litigation is extremely expensive and the average divorce costs $20,000 per person. That’s $40,000 that is no longer available to a family already strapped financially by slipping assets and adding an additional household to pay for. The average cost to mediate a divorce is $2500. The initial payouts are just part of the equation though. Many couples continue to return to court after a divorce to settle issues like enforcement and modifications, which brings me to my next point.

2. Relationship. If you have children, there is no such thing as a clean break. You and your partner will continue to be co-parents, and therefore, you will need some sort of relationship. Litigation pits two sides against one another in an adversarial relationship. Judges decide who wins and who loses. In families, everyone loses; each parent and your children will suffer the ramifications of litigation. In litigation, it is an attorney’s job to present you in the best possible light and also place the opposing party in the worst possible light. The result, as you can imagine, is that a family that is splitting up becomes even more broken.

3. Constraints. In a traditional family, you make up your own rules. You are not bound to parent or co-habitate in accordance with statutes or a judges ruling. Why, then, should co-parents who don’t live together be constrained to work within the statutory framework? In mediation, you can come up with any agreement that works for your family. Each family is unique and so should their agreement moving forward.

4. Confidentiality. A court case is open to the public and a record of all of the proceedings is then available. Many families would prefer not to have all of their personal and financial information readily available to the public. In mediation, all statements within the mediation remain confidential and cannot be used in court, in the event litigation takes place afterwards.

After spending five days in a 40 hour mediation training by the Arizona Attorney General’s Office, I can truly tell you that my perspective on family law has shifted. The biggest factor for me is that families splitting up are restructuring, not ending. What better way to restructure then through beginning to communicate and make decisions one your own, with the help of a trained mediator?

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U.S. Urges Supreme Court Not to Hear Special Education Case

U.S. Urges Supreme Court Not to Hear Special Education Case
By Mark Walsh on December 1, 2011 11:19 AM

The Obama administration is urging the U.S. Supreme Court not to take up an appeal from a school district ordered to provide compensatory tutoring because it failed to identify a student’s disability.

The justices had asked the U.S. solicitor general’s office for its views last April on a question under the federal Individuals with Disabilities Education Act: whether a parent may bring a claim in a due-process hearing that a district violated the law’s “child-find” provision.

That provision requires that all children with disabilities who are in need of special education services be identified, located, and evaluated.

The case involves an appeal from the Compton Unified School District, in California. The district appealed lower court rulings that a mother had a valid legal claim under the IDEA that the district had failed to identify her daughter’s disabilities.

According to court papers, when the student was in 10th grade, her teachers became concerned that her work was “gibberish and incomprehensible” and that she had failed every class. The school district referred the girl to a mental health counselor, who recommended that the student be evaluated for learning disabilities. The district did not follow the recommendation, and it promoted the girl to the 11th grade.

The mother later made a request for an individualized education program for her daughter, and the district determined that the girl was eligible for special education services for a learning disability.

The mother brought an administrative claim under the IDEA, arguing that the school district failed under the law’s “child-find” requirement to identify the girl’s disabilities sooner. An administrative law judge largely sided with the family, ordering as much as 150 hours of compensatory tutoring for the girl’s lost educational opportunities.

The school district appealed in Compton Unified School District v. Addison (Case No. 10-886).

The justices sought the views of the United States, and in a brief filed Nov. 18, U.S. Solicitor General Donald B. Verrilli Jr. said the court should not take up the school district’s appeal for several reasons.

First, Verrilli said an administrative-law judge conducting a due-process hearing under the federal special education law has the authority to consider claims that a district violated the “child find” requirement.

Verrilli said the Compton district is mistaken to argue that the provision covers only a school district’s refusal to act to identify eligible children, not its failure to act.

Second, the solicitor general said a 2010 ruling by the U.S. Court of Appeals for the 9th Circuit, in San Francisco, does not conflict with other federal appeals courts on the issue.

Finally, Verrilli said the Compton case would make a poor vehicle for deciding the issue. The case does not really present the issue that districts would be subject to a form of “educational malpractice” claim, as Compton contends.

“Whether or not parents are permitted to initiate due process procedures for violation of the child-find requirements, school districts already are subject to claims that their educational decisions fail to comply with the IDEA,” the solicitor general said.

Now that the solicitor general has chimed in, the justices have put the case on the agenda for their Jan. 6 private conference for possible action.

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Great news for children!

Great news for children and a step in the right direction.

Department of Education Announces first ever Office for Early Learning

Dept of education
Last week at the National Association for the Education of Young Children (NAEYC) Conference, Senior Advisor on Early Learning Jacqueline Jones announced the Department of Education’s plan to create the first ever Office for Early Learning. The object of this new office will be to correct the isolation in which federal early learning programs and funds have functioned and provide the strong coordinated collaboration necessary to dramatically improve early learning services.

The Office will provide institutionalized and coordinated federal support for high-quality early learning and enhance management and support for the early learning community and early learning education systems throughout the country. The Department of Education has been working tirelessly to recruit the best practitioners and partners in the field to bring the widest depth and scope to the conversation on early learning.

This effort met with its first break through with the Race to the Top-Early Learning Challenge, a $500 million federal commitment that supports states efforts to create comprehensive plans to improve early learning and development programs that will allow all children to enter kindergarten ready to succeed. 35 states in addition to the District of Columbia and Puerto Rico submitted applications for these funds, demonstrating their commitment to successful early learning for every child.

In this year’s State of the Union address, the President posited that “if we raise expectations for every child, and give them the best possible chance at an education, from the day they are born until the last job they take – we will reach the goal that I set two years ago: By the end of the decade, America will once again have the highest proportion of college graduates in the world.”

The Department of Education’s commitment to the Office for Early Learning acknowledges the fundamental understanding that a child’s success begins in the earliest stages of his or her development. Through this Office, the Department of Education can continue to ensure that all students are given the skills and abilities to succeed throughout their lives, regardless of what they were born with.

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Tarascio & Del Vecchio Video

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Visitation and the Holidays


 

Visitation and the Holidays

The holidays can be chaotic under the best of circumstances, however, when you are juggling the additional hurdle of children visiting with non-custodial parents, the holidays can become unbearable. For the sake of your sanity and the benefit of your children, remember these tips to ensure smooth transitions and maximum enjoyment.
1. Stay flexible. Even when you have a written plan, things change and unanticipated situations arise. The pre-planned pick up and drop off times may not work or it may be better to trade on a particular year depending on vacations or family in town. Staying flexible and cooperative can maximize your time with your child and ensure future goodwill.

2. Communicate. Parenting children is challenging when parents live together. It is especially challenging when they don’t get along, much less live together. Frequent, honest communication prevents misunderstandings and can make the holidays easier on everyone. Be prepared to make some concessions and ask for concessions in return.

3. Focus on your child. Instead of focusing on the dynamics between you and your ex or how s/he “always gets his/her way” Think about how you can make the holidays as fun and fulfilling as possible for your child. Most children want and need a relationship with both parents and both sides of extended family. Think about ways you can support that relationship while persevering and furthering your own.

Finally, when originally coming up with a plan or in times of serious or ongoing disagreement, it’s a good idea to consult an attorney. Other times to see an attorney include: If there is an in-balance of power within the relationship, if one person is withholding parenting time or alienating the other parent. Family law attorneys have had the advantage of seeing the good, the bad, and the ugly. Many times we can anticipate problems or make suggestions to solve problems and deescalate conflicts.

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How to Appeal a Health Insurance Denial

This Article is courtesy of the Wall Street Journal and especially applicable to our special needs clients and clients who have children with special needs and special education issues. I hope you find it as helpful as I did.

How to Appeal a Health Insurance Denial

Battling a health insurer when it refuses to cover certain treatments can be aggravating and time-consuming. But if you choose to appeal a coverage denial, there are several strategies that can bolster your case.

Some health-coverage problems — such as when your doctor enters a wrong code on a claim form — can be resolved with a phone call. But other issues can be more difficult, because they center on complex medical questions like whether a certain cancer treatment is appropriate for you.

First, figure out what led to the denial of coverage and learn your insurer’s procedure for appeals. When you call your health plan to get the information, take notes and get names. If the problem can’t be readily resolved, you should ask the insurer for some key documents to reconstruct what led to the rejection.

You will need the denial letter. You should also get a copy of your plan’s full benefits language, sometimes called the “Evidence of Coverage,” as well as the detailed guidelines that explain what the company considers medically necessary. Some companies, such as Cigna Corp. and Aetna Inc., post their medical policies online.

After you gather the facts, set a strategy. You may want to start by seeking help from one of the array of nonprofit and for-profit entities that offer advice. Many states have health insurance consumer advocates. The advocacy group Families USA offers a list of state resources.

Another key resource is the nonprofit Patient Advocate Foundation, which handles health-insurance appeals for free. Other organizations and companies can be found at the following Web sites: Claims.org Hospitalbillreview.com Healthproponent.com Billadvocates.com Healthchampion.net Patientcare4u.com.

Your appeal may hinge on proving that your treatment qualifies for coverage under your plan’s benefits and rules. In that case, you will want to zero in on the plan’s language, and figure out why the procedure you are seeking fits into a category of care that the insurer has promised to pay for.

Many appeals hinge on a different issue: whether a treatment is scientifically proven and medically necessary. Your doctor should be able to write a detailed letter on your behalf. You also may be able to bolster your case by researching the scientific evidence online on sites like pubmed.gov, sponsored by the National Library of Medicine. You are seeking studies that may demonstrate that the treatment you want has worked in cases similar to yours. The strongest evidence comes from large, randomized, controlled trials, but anything published in a reputable medical journal might help. You should show your findings to your doctor, so he or she can explain anything you don’t understand, as well as integrate anything important into his or her letter to the insurer.

You may also want to seek help from researchers who worked on the cutting-edge studies you find – sometimes, these doctors are willing to help a patient with an urgent case. They might even review your medical records and submit a backup letter on your behalf, which can add weight to your own doctor’s views.

Even if your insurer rejects your appeal, you still have other options. If your employer has a self-funded health plan, which might be administered by a private insurer but is backed by the employer, your next step is often to sue in federal court, a tough and expensive proposition.

But if your coverage is with an insurance company, either through your employer or an individual policy, you can opt for your state’s appeals process. Often, these are handled through the state’s insurance regulator, but if not, this agency should at least be able to tell you where to go. Make sure you check with the agency, because the 44 states that offer independent reviews won’t handle all kinds of issues, and each has its own rules. For Medicare beneficiaries, there is a separate, federal appeals-review process that you can learn about at Medicare.gov.

 

  • Tips

    • First, find out what led to the insurer’s decision, and keep a careful paper trail.
    • Be prepared to prove that your treatment qualifies for coverage under your plan.
    • Most states will consider appeals as a last resort, though not all situations qualify.
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5 Things to Know About Domestic Violence Awareness Month

5 Things to Know About Domestic Violence Awareness Month

October shares a number of different awareness initiatives. Did you know about this one?

Most commonly known for the celebration of Halloween, the discovery of America and breast cancer awareness, October is also home to a few lesser-known awareness initiatives, such as World Space Week and Domestic Violence Awareness Month.

So, in respect to all of the causes of this breezy, fall month, we enlighten our readers with five facts they may not have known about Domestic Vioence Awareness Month. The following information comes from the National Coalition Against Domestic Violence and Verizon Wireless…

1. The Genesis - “Domestic Violence Awareness Month evolved from the first Day of Unity observed in October, 1981 by the National Coalition Against Domestic Violence,” the NCADV’s website printed. “The intent was to connect battered women’s advocates across the nation who were working to end violence against women and their children. The Day of Unity soon became a special week when a range of activities were conducted at the local, state, and national levels.”

2. Further Developments – “In October 1987, the first Domestic Violence Awareness Month was observed,” said the NCADV. “That same year the first national toll-free hotline was begun. In 1989 the first Domestic Violence Awareness Month Commemorative Legislation was passed by the U.S. Congress. Such legislation has passed every year since with NCADV providing key leadership in this effort.”

3. In the ’90s… – “In October 1994 NCADV, in conjunction with Ms. Magazine, created the ‘Remember My Name’ project, a national registry to increase public awareness of domestic violence deaths,” the NCADV stated. “Since then, NCADV has been collecting information on women who have been killed by an intimate partner and produces a poster each October for Domestic Violence Awareness Month, listing the names of those documented in that year.”

4. How we can help locally – “One of the easiest ways for readers to support the cause is to donate no-longer-used devices to Verizon Wireless’ HopeLine program,” said Rebecca Porterfield on behalf of Verizon Wireless. “HopeLine recycles used cell phones, batteries and accessories and uses the proceeds to donate phones, airtime and funding to domestic violence agencies. Since its inception in 2001, more than 8 million phones have been donated and more than 10 million dollars have been generated for domestic violence agencies nationwide.”

5. Furthermore… – “Residents can simply drop off no-longer-used devices at your local shelter, or download the prepaid shipping label and just drop it in the mail,” Porterfield said. “Additional details on Verizon Wireless’ HopeLine program can be found here. Please just let us know if you have any questions, and thanks for sharing how readers can help support domestic violence awareness efforts in our communities!”

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Glendale Arizona is using a unique and new method to “treat” domestic violence

Glendale Arizona is using a unique and new method to “treat” domestic violence in an attempt to decrease recidivism.

Last year, more than one person was convicted of domestic violence in Glendale each day.

And the national rate at which abusers lash out again is startling. About one in three will commit another offense in the short run, according to the National Institute of Justice.

The federal research agency notes that those who complete a treatment program are less likely to be a repeat offender.

To that end, Glendale implemented a new program to curb repeated domestic-violence offenses.

Arizona law requires convicted batterers to go through counseling and pay the cost of a program.

The program in Glendale tries to help offenders recognize the impact of their actions on others and to make right choices. More traditional treatments simply tell batterers what they should do.

Glendale City Court this year became the first jurisdiction in the state to use this type of therapy on domestic-violence offenders. Correctional Healthcare Companies, which is contracted by the court to provide the program, has since rolled it out in Scottsdale and Mesa, as well.

Glendale’s Presiding Judge Elizabeth Finn is well-known for her work in domestic violence. She’s spent more than 30 years on the bench trying to make courts better work for victims. She lobbied the Legislature for changes in laws and helped create the first bench book for judges covering protective orders.

“I support any program enhancement that will hold abusers accountable and will result in keeping victims safe,” she said of the city’s new treatment.

The program is called moral reconation therapy. It was developed more than 25 years ago but has typically been used to treat substance abusers and shoplifters, a city spokeswoman said.

Correctional Healthcare was influenced to go with the program after a two-year, in-house study conducted in Tennessee.

For 18 months, Joseph Kerinuk, a former probation officer, monitored 1,000 people convicted of domestic violence in Davidson County who received moral reconation therapy.

“I had a 9.85 percent recidivism rate, meaning the rate is very low when normally it’s around 30 to 32 percent nationwide,” said Kerinuk, who uses the program for his company in Tennessee.

He did not track whether the abusers reoffended in another county or if a victim failed to report the incident.

He plans to do a five-year study on the therapy program.

Lisa Martin, a behavior health therapist who oversees the Glendale program, said the treatment encourages clients to take a closer look at themselves.

“What they are doing is taking ownership of how they got there and understanding why they got there,” said Martin, who meets weekly with 15 clients separated by gender.

The therapy program is more interactive compared with the previous program, Martin said.

Instead of her teaching the batterers, which sometimes the participants tune out because “they’ve heard it before,” now they do the work and teach themselves while she acts as the moderator, Martin said.

“It makes them think about, ‘If this is going to happen to me, what options do I have?’ ” Martin said.

She described one woman who constantly fought with her husband. She has learned to water the grass when she gets frustrated.

By the time the grass is watered, the woman feels better and can focus on what is happening, she said.

The idea is for the batterers to come up with their own solutions to help them defuse a potentially violent confrontation.

A Glendale man completing the 26-week program this month said he is making progress. “What I want to get out of this is to make better choices going forward,” he said.

The 51-year-old college graduate said that fueled by alcohol, things got out of hand with his soon-to-be ex-wife during last year’s holiday season, which led to his domestic-violence arrest.

He said he’s learned in class what acceptable behavior is and how to handle relationships.

“Typically teenagers do things and lash out, and I think in my rearing I didn’t really learn any boundaries,” he said. “So even though I say I am a decent person, I didn’t understand that there are things you just don’t do.”

“Am I going to complete the class and never make a mistake again?” he said. “I have to think about those boundaries and every situation I will have to work at it. It’s the beginning of a journey, not the end.”

It’s too early to gauge the program’s success in reducing repeat offenses. But Smith points to wins along the way.

For example, she is not hearing participants blame others for their actions.

“Blaming has decreased immensely because people are looking at themselves,” Smith said. “I’ve seen major things happen to them, the ah-ha light-bulb moments.”

Murray Straus, a researcher at the University of New Hampshire, said the major cause of domestic abuse is “the inability to conduct interpersonal relationships and negotiate the inevitable differences that occur in a relationship.”

His prescription for treatment is to teach all children how to relate in a humane fashion.

Straus had not heard of moral reconation therapy but said it sounded promising, “as long as they also teach what to do to carry out those moral beliefs.”

He went on to explain. “So, if I believe that I should treat a partner fairly, what is fairly?” he said. “Well, suppose he or she is nagging and insistent and a pain in the neck, which is true of lots of partners, then how do I correct that? What do I do? Do I slap him? Kick him? Punch her?”

Along with moral principles, models of behavior must be taught, he said.

Elizabeth Ditlevson, deputy director of Arizona Coalition Against Domestic Violence, said accountability in various forms is important and people have the capacity to change their behavior.

“I think the program can work,” she said. “But also just because an offender goes through treatment doesn’t mean they stop being abusive. There’s a chance they may stop but there’s no magic pill. It’s a choice, a learned behavior.”

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How to STOP Financial Domestic Abuse

October is National Domestic Violence awareness month, however, financial abuse is something that is rarely talked about. We see it everyday in our practice. Lack of access to finances can be devastating. But you do have options.

Financial abuse occurs in 98 percent of abusive relationships, whether in the form of restricting access to a spouse’s credit, or draining assets once a victim attempts to leave. For spouses who see their options gradually dwindle, money may be the reason to stay in a relationship or come back after trying to get out. Of the seven in eight women who go back to an abusive partner after leaving, a significant portion attributes the return to financial pressures.

An abuser can control the victim’s financial freedom in a number of ways, both before and after she attempts to leave. We thank Rene Renick, Vice President of Economic Enterprises at the National Network to End Domestic Violence for her advice on financially protecting yourself from an abusive relationship. Note: throughout the article, we use a female pronoun for the victim and male for the batterer for simplicity, although of course men are also victims of domestic abuse.

[See the best personal finance stories from around the Web at the U.S. News My Money blog.]

Opportunities for financial abuse

According to Renick, a batterer often runs up debt on his credit cards or doesn’t make his payments. If a victim has a joint account with the batterer, or he has signed her up for loans or credit cards without her knowledge, she could see her credit score decimated by his actions or even be held liable for his debts by credit card companies. Abusers sometimes take out credit cards in their children’s names, with themselves as the co-signers, saddling their kids with ruined credit scores before they are financially independent.

After a woman tries to leave, her abuser may use her credit card statements—particularly if they share an account—to track her down. Most injuries or homicides related to domestic violence occur when a victim is leaving or has left the relationship and many batterers try to stalk the women who manage to get away.

The effects of financial abuse

After a woman leaves a financially abusive relationship, she may find herself with severely limited resources. If her abuser ran up debt on a joint account, her credit score will be shot, and she won’t have access to any meaningful lines of credit. She may even have trouble renting an apartment, getting a cell phone or landing a job. If an abuser knows his victim’s personal information —such as her social security number or mother’s maiden name—he can track any inquiries into her credit score, and find her after she’s left.

Furthermore, even if a judge rules that her husband should pay for the debt he incurs, debt collection agencies may come after the victim if he is delinquent. The victim is liable for all the debt in a joint account, whether or not she is responsible for running it up.

Protect yourself before and after leaving

If you can safely do so, transfer your assets—paychecks, inheritance, spare change—into a separate bank account. Make inquiries as to where your household’s assets are, and how much debt you have.

Keep a copy of all your important papers, including bank statements, social security numbers, birth and marriage certificates and documentation of jointly held assets. It’s important to have a physical copy somewhere outside of the house.

[In Pictures: 10 Smart Ways to Improve Your Budget.]

As soon as you leave, change all your PIN’s to codes that are not easily identifiable. Avoid using your or your children’s birthdays. Call the issuers of any joint accounts and have your name removed. It will not protect you from existing debt, but it will insulate you from having to pay for anything incurred after you leave.

If you do have a joint account, withdraw half of the assets. “Many women don’t want to do this. They say, ‘That will make me just as bad as he is. He wouldn’t ever do that to me,’” says Renick. “But then the abuser escalates his behavior in an effort to gain back control, and the woman tries to withdraw money only to find all assets have been drained.”

Getting back on your feet

If you are liable for any debts, send a copy of any court orders to the credit company explaining your situation. Also, send a letter to credit reporting agencies. Such extenuating circumstances may help you qualify for a credit card.

Work on rehabilitating your credit score. You may have to settle for a credit card with a high APR until enough time has passed. If you have assets stashed away, you can post collateral for a secured credit card, which extends you as much credit as the amount you’ve posted. Secured credit cards, unlike prepaid debit cards, help to raise your credit score.

Getting by on cash alone is extremely difficult. Everything from online purchases to gas is geared towards paying by plastic. If it is safe, you can get a checking account and a secured credit card. However, if you believe you are in danger if you use your social security number or trigger a credit inquiry, get a one-time-use prepaid debit card. You can buy prepaid cards at a CVS or Wal-Mart and load it up with as much money as you want for a small (usually $5 or less) fee. While it won’t help rehabilitate your credit score or earn interest, it is perfectly anonymous.

The National Network to End Domestic Violence’s website offers more resources, as does the National Domestic Violence Hotline (1-800-799-SAFE).

Tim Chen is chief rewards credit card analyst at NerdWallet.com.

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