by Kristina Derro
Veterans Disability Lawyer
This month, the VA’s Office of Inspector General released its report on the systemic issues identified at 16 VA Regional Offices (VAROs) from April 2009 to September 2010. You can view the full report here: http://www.va.gov/oig/52/reports/2011/VAOIG-11-00510-167.pdf
Unfortunately, the report revealed the ineptitude that all the veterans experience and suffer from on a daily basis. The report identified that VARO staff incorrectly processed 23% of an estimated 45,000 claims. The biggest mistakes involved claims for posttraumatic stress disorder (PTSD) and traumatic brain injuries (TBIs).
Over 8% of claims for PTSD were not adequately processed because the VARO staff “lacked sufficient experience and training to process these claims accurately. Additionally, some VAROs were not conducting monthly quality assurance reviews”. The bulk of the errors were in failing to properly verify claimed stressors and assigning incorrect effective dates for the grant of benefits for PTSD.
75% of VAROs inspected did not follow VA policy when processing claims for residuals of a TBI. In December 2009, it was estimated that 28,000 veterans suffered from a TBI, with many more being added to that list daily with the increase of bombings and IED attacks that our military is exposed to in Afghanistan and Iraq. The Inspector General’s findings regarding the VAROs’ incompetence in processing these claims can have disastrous effects for our veterans. Over 19% of claims for TBIs were not processed correctly. The report found that 42% of the errors were due to the VARO staff utilizing inadequate medical examinations which did not contain sufficient information upon which to make a decision. Evidently, the VA medical examiners were not using the most current examination formats and therefore not providing the VARO staff with sufficient information. Unfortunately, due to the VAROs staff’s lack of experience and training, they did not recognize when an examination was inadequate and failed to send it back to the VA examiner for corrections.
Compounding this problem is the fact that when the VARO actually did grant service connection for a TBI, 42% of errors involved the VARO assigning incorrect evaluations for the residuals of TBIs. The VA policy requires a separate evaluation for any disability with a distinct diagnosis related to a TBI, such as headaches or tinnitus. Regrettably, VARO staff failed to give separate ratings for disabilities and instead lumped them together in one rating.
A statistic which will come as no big surprise to any veteran that has sent information to VA is the fact that the report found 75% of the VAROs failed to properly control and process mail according to VA policy. Shockingly, the majority of mistakes were attributed to the staff being “generally unaware of policy requirements, including date stamping, governing mail processing at VA facilities. Further, VARO workload management plans contained unclear procedures or first-line supervisors did not always follow guidance delineated in these plans”. The failure to properly date-stamp materials obviously has catastrophic effects on a veteran’s claim. For instance, the document may be considered to be untimely, even though it was timely submitted but the VARO staff failed to properly date stamp it. Additionally, if a claim came in on January 31st, then the start date for benefits when the claim is ultimately granted would be February 1st. However, if the item isn’t date stamped until February 1st, then the start date for benefits would be March 1st. This would cause the veteran to lose out on a month of benefit payments.
An interesting read for sure, the report details the mistakes that the 16 VAROs made, along with the Inspector General’s suggestions for improvement. All we can do is wait and see if VA actually gets around to implementing the suggestions. Until then, veterans’ claims continue to be improperly handled on a daily basis…
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Experienced and practical Michigan attorneys solving the problems of business owners, their families, and veterans... one case at a time.
Tuesday, May 31, 2011
Friday, May 27, 2011
Rocky Transition for Service Members Upon Discharge to VA
by Kristina Derro
Veterans Disability Lawyer
The Senate Veterans Affairs Committee heard testimony on Wednesday, May 18, 2011 regarding the historically rocky transition for service members between leaving the Department of Defense (DoD) and beginning to receive medical treatment through the Department of Veterans Affairs (VA). Researchers found that increasing levels of drug abuse and suicides among recently-separated combat veterans can be partly blamed on inadequate coordination as service members are discharged from the military and become the responsibility of VA.
A lack of coordination was also found to negatively affect the treatment of combat-related injuries. At the DoD, injured service members receive state-of-the-art care, receive counseling services, and are prescribed narcotics to treat pain. When service members are discharged and begin to receive their medical care from VA, research has shown that VA improperly manages their narcotic medications, making them more likely to abuse drugs, become homeless, or commit suicide. Further, due to a rocky handoff, veterans at VA also have physicians who are unfamiliar with the course of treatment that those veterans were receiving while with the DoD.
The area of prosthetics is one example where the lack of coordination and lack of familiarity hurt the veterans. The DoD has outstanding prosthetics for its amputees. Upon arrival at VA, many VA physicians are fascinated by the high-tech devices, having never seen them before, and are more interested in examining the devices rather than examining the veterans.
Both the Deputy Secretary of Defense and the Deputy Secretary of Veterans Affairs recognized the need for a truly seamless handoff from the DoD to the VA medical facilities. Recognizing the problem is the first step, however it seems that the VA has a history of being unable to rectify the problems even though they have been sufficiently identified.
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Veterans Disability Lawyer
The Senate Veterans Affairs Committee heard testimony on Wednesday, May 18, 2011 regarding the historically rocky transition for service members between leaving the Department of Defense (DoD) and beginning to receive medical treatment through the Department of Veterans Affairs (VA). Researchers found that increasing levels of drug abuse and suicides among recently-separated combat veterans can be partly blamed on inadequate coordination as service members are discharged from the military and become the responsibility of VA.
A lack of coordination was also found to negatively affect the treatment of combat-related injuries. At the DoD, injured service members receive state-of-the-art care, receive counseling services, and are prescribed narcotics to treat pain. When service members are discharged and begin to receive their medical care from VA, research has shown that VA improperly manages their narcotic medications, making them more likely to abuse drugs, become homeless, or commit suicide. Further, due to a rocky handoff, veterans at VA also have physicians who are unfamiliar with the course of treatment that those veterans were receiving while with the DoD.
The area of prosthetics is one example where the lack of coordination and lack of familiarity hurt the veterans. The DoD has outstanding prosthetics for its amputees. Upon arrival at VA, many VA physicians are fascinated by the high-tech devices, having never seen them before, and are more interested in examining the devices rather than examining the veterans.
Both the Deputy Secretary of Defense and the Deputy Secretary of Veterans Affairs recognized the need for a truly seamless handoff from the DoD to the VA medical facilities. Recognizing the problem is the first step, however it seems that the VA has a history of being unable to rectify the problems even though they have been sufficiently identified.
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Thursday, May 26, 2011
Arnold Schwarzenegger’s Teenage “Love Child:” Why is Paternity Public Now?
by Wendy Alton
There is no question that the hottest news (gossip) topic in the last few days has been centered around the “love child” fathered by Arnold Schwarzenegger with his housekeeper, allegedly Mildred “Patty” Patricia Baena, while he was married to Maria Shriver. The news has been shocking, devastating, and sad, to say the least. Even more shocking that the child is now a teenager, and this entire relationship and child was hidden privately and publicly for over a decade.
Which raises an interesting question. Why has this become public now, since the child is assumed to be about 14 years old? Why not earlier? While I don’t presume to know the laws of paternity in California, a brief overview of paternity law in Michigan may provide some possible answers.
In Michigan, if a child is born while a woman is married, that child is legally presumed to be the biological child of the married parents. No one can challenge this paternity while the couple is married, even if a DNA test proves that the biological father is someone else.
If a woman becomes pregnant when she is unmarried, but then marries someone before the child is born, the child is presumed to be the father of the man she marries. This is true again even if DNA tests prove that the biological father is someone else.
In short, Michigan honors the sanctity of marriage for purposes of paternity. If a child is born during a marriage, the husband is presumed legally to be the father.
However, if the couple files for divorce, the mother or father can challenge the paternity of any of the children born during the marriage. If this happens, a DNA test is conducted, and if the test proves that the husband is not the father, the divorce judgment can include this information, and that child’s paternity remains an open question. If this happens, once the divorce becomes final, the mother or the assumed true biological father can the file a paternity action to establish paternity of that child.
Simply, if a man knows that he has fathered a child, even if a DNA test is done, he has no standing under Michigan law to establish his paternity if the mother is married to someone else. Additionally, if the mother does divorce, but the divorce judgment indicates that all the children born during the marriage are children of the husband and wife, the biological father still lacks standing. The husband is presumed to be the father (despite DNA), and this issue cannot be challenged once the divorce is finalized.
Turning back to the case of Arnold Schwartzenegger and his housekeeper, it was noted by the press that Patty Baena was married at the time she conceived this “love child.” If that is the case, then Patty Baena’s husband was legally presumed to be the father. However, the press has also stated that she is now divorced. Perhaps the divorce judgment indicates that this “love child” is not a child of that marriage, leaving paternity open. Perhaps Patty Baena is now going to file either a paternity or child support action, seeking financial support for her child. It’s just a guess, but if you analyze the law surrounding paternity issues, it makes sense.
Read the LA Times story that broke the news here: Maria Shriver on Schwarzenegger's paternity admission: 'Painful and heartbreaking.'
Read the Radar Online story that broke the news about the housekeeper’s identity: WORLD EXCLUSIVE: Mother Of Arnold Schwarzenegger's Love Child Revealed!
There is no question that the hottest news (gossip) topic in the last few days has been centered around the “love child” fathered by Arnold Schwarzenegger with his housekeeper, allegedly Mildred “Patty” Patricia Baena, while he was married to Maria Shriver. The news has been shocking, devastating, and sad, to say the least. Even more shocking that the child is now a teenager, and this entire relationship and child was hidden privately and publicly for over a decade.
Which raises an interesting question. Why has this become public now, since the child is assumed to be about 14 years old? Why not earlier? While I don’t presume to know the laws of paternity in California, a brief overview of paternity law in Michigan may provide some possible answers.
In Michigan, if a child is born while a woman is married, that child is legally presumed to be the biological child of the married parents. No one can challenge this paternity while the couple is married, even if a DNA test proves that the biological father is someone else.
If a woman becomes pregnant when she is unmarried, but then marries someone before the child is born, the child is presumed to be the father of the man she marries. This is true again even if DNA tests prove that the biological father is someone else.
In short, Michigan honors the sanctity of marriage for purposes of paternity. If a child is born during a marriage, the husband is presumed legally to be the father.
However, if the couple files for divorce, the mother or father can challenge the paternity of any of the children born during the marriage. If this happens, a DNA test is conducted, and if the test proves that the husband is not the father, the divorce judgment can include this information, and that child’s paternity remains an open question. If this happens, once the divorce becomes final, the mother or the assumed true biological father can the file a paternity action to establish paternity of that child.
Simply, if a man knows that he has fathered a child, even if a DNA test is done, he has no standing under Michigan law to establish his paternity if the mother is married to someone else. Additionally, if the mother does divorce, but the divorce judgment indicates that all the children born during the marriage are children of the husband and wife, the biological father still lacks standing. The husband is presumed to be the father (despite DNA), and this issue cannot be challenged once the divorce is finalized.
Turning back to the case of Arnold Schwartzenegger and his housekeeper, it was noted by the press that Patty Baena was married at the time she conceived this “love child.” If that is the case, then Patty Baena’s husband was legally presumed to be the father. However, the press has also stated that she is now divorced. Perhaps the divorce judgment indicates that this “love child” is not a child of that marriage, leaving paternity open. Perhaps Patty Baena is now going to file either a paternity or child support action, seeking financial support for her child. It’s just a guess, but if you analyze the law surrounding paternity issues, it makes sense.
Read the LA Times story that broke the news here: Maria Shriver on Schwarzenegger's paternity admission: 'Painful and heartbreaking.'
Read the Radar Online story that broke the news about the housekeeper’s identity: WORLD EXCLUSIVE: Mother Of Arnold Schwarzenegger's Love Child Revealed!
Wednesday, May 25, 2011
The Epidemic of Military Sexual Trauma
by Kristina Derro
Veterans Disability Attorney
Sixteen men and women who were raped and assaulted during active service filed a recent lawsuit against the Pentagon. The lawsuit accuses the military of condoning a culture that fails to prosecute the offenders of sex crimes and instead punishes the sexual assault victims who come forward to report the incidents.
According to a recent report by the Department of Defense (DOD), last year 3,158 sexual assaults were reported by men and women in the Armed Forces. The DOD estimates that this number reflects only about 13.5% of the total number of assaults on men and women in active duty last year. Experts say that the number of reported sexual assaults in the military is so low because of the fact that victims often receive pressure from supervisors and peers to not report anything. Further, once reports are made, the victims are often viewed as “troublemakers”, the sexual offenders are rarely disciplined by the military, and the victims often get transferred out of his/her military occupational specialty and into a new job—instead of forcing the sexual offender to be relocated. Seeing victims treated in this manner acts as a deterrent in the reporting of sexual assaults by other victims.
Adding to the problem is that while sexual trauma victims are in the military, they are away from family and friends who are the traditional support system in times of stress. Instead, the victims have to rely on receiving their support entirely from the military itself—the same establishment that refuses to acknowledge the problem or punish the offender.
VA health care systems have seen a large influx in military sexual trauma survivors. So much so that several VA medical centers have employed social workers on a full-time basis whose only job is to counsel those victims of military sexual trauma. There is movement afoot in the Armed Services to start training active duty members at an early age, even beginning in boot camp, about how to prevent sexual assault and how to intervene if they see someone being sexually harassed or assaulted. It has been recognized that there needs to be something done to prevent military sexual trauma from happening in the first instance.
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Veterans Disability Attorney
Sixteen men and women who were raped and assaulted during active service filed a recent lawsuit against the Pentagon. The lawsuit accuses the military of condoning a culture that fails to prosecute the offenders of sex crimes and instead punishes the sexual assault victims who come forward to report the incidents.
According to a recent report by the Department of Defense (DOD), last year 3,158 sexual assaults were reported by men and women in the Armed Forces. The DOD estimates that this number reflects only about 13.5% of the total number of assaults on men and women in active duty last year. Experts say that the number of reported sexual assaults in the military is so low because of the fact that victims often receive pressure from supervisors and peers to not report anything. Further, once reports are made, the victims are often viewed as “troublemakers”, the sexual offenders are rarely disciplined by the military, and the victims often get transferred out of his/her military occupational specialty and into a new job—instead of forcing the sexual offender to be relocated. Seeing victims treated in this manner acts as a deterrent in the reporting of sexual assaults by other victims.
Adding to the problem is that while sexual trauma victims are in the military, they are away from family and friends who are the traditional support system in times of stress. Instead, the victims have to rely on receiving their support entirely from the military itself—the same establishment that refuses to acknowledge the problem or punish the offender.
VA health care systems have seen a large influx in military sexual trauma survivors. So much so that several VA medical centers have employed social workers on a full-time basis whose only job is to counsel those victims of military sexual trauma. There is movement afoot in the Armed Services to start training active duty members at an early age, even beginning in boot camp, about how to prevent sexual assault and how to intervene if they see someone being sexually harassed or assaulted. It has been recognized that there needs to be something done to prevent military sexual trauma from happening in the first instance.
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Tuesday, May 24, 2011
10th Circuit Deciding Fake Veteran Case
By Kristina Derro
Veterans Disability Lawyer
Last week, the Court of Appeals for the Tenth Circuit heard oral arguments on a case involving a Colorado man who falsely claimed to be a highly-decorated Marine Corps veteran. He is being tried under the Stolen Valor Act, a piece of legislation passed in 2006 that makes it a crime to lie about receiving military medals.
The defendant, Rick Strandlof, founded a veteran advocacy group and claimed to be an Iraqi War veteran who received a Purple Heart and a Silver Star. In reality, Strandlof never even served in the military in any capacity. Fellow advocates exposed his deceit and federal authorities charged Strandlof with violating the Stolen Valor Act.
At his trial in the U.S. District Court, Strandlof did not deny his lies, but instead argued that the Stolen Valor Act is unconstitutional and that his lies are protected under the 1st Amendment of the U.S. Constitution. The District Judge agreed and dismissed the case against Strandlof, but stated that while the U.S. Constitution does not protect against fraudulent speech, in Strandlof’s case there was no actual victim of the fraud. The District Judge noted that the Stolen Valor Act “criminalizes the mere utterance of the false statement regardless whether anyone is harmed thereby. It is merely fraud in the air, untethered from any underlying crime at all”.
The government appealed, arguing in its brief to the Tenth Circuit that the Stolen Valor Act is narrowly tailored and does not discourage people from making other constitutionally-protected statements. It noted that the Act is aimed at preventing harm to the public from the “misappropriation of the benefits, reputation, and credibility properly accorded to those who have earned military honors”. The attorney for the government noted that “[f]alse statements are not protected speech. They undermine rather than advance the free marketplace of ideas”.
However, the Tenth Circuit judges strongly questioned the Justice Department attorney, wondering where the criminalization of lies stops and pointing out that what the government wants to implement is a broad category of protection against false statements of facts.
This case is proving to be extremely important because last year, the Court of Appeals for the Ninth Circuit ruled the Act unconstitutional because of the same free-speech concerns. If the Tenth Circuit comes to the same conclusion as the Ninth Circuit, then it would become more settled law that the Act is unconstitutional. However, if the Tenth Circuit were to rule differently, it would make it more likely that the U.S. Supreme Court would step in to settle the dispute.
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Veterans Disability Lawyer
Last week, the Court of Appeals for the Tenth Circuit heard oral arguments on a case involving a Colorado man who falsely claimed to be a highly-decorated Marine Corps veteran. He is being tried under the Stolen Valor Act, a piece of legislation passed in 2006 that makes it a crime to lie about receiving military medals.
The defendant, Rick Strandlof, founded a veteran advocacy group and claimed to be an Iraqi War veteran who received a Purple Heart and a Silver Star. In reality, Strandlof never even served in the military in any capacity. Fellow advocates exposed his deceit and federal authorities charged Strandlof with violating the Stolen Valor Act.
At his trial in the U.S. District Court, Strandlof did not deny his lies, but instead argued that the Stolen Valor Act is unconstitutional and that his lies are protected under the 1st Amendment of the U.S. Constitution. The District Judge agreed and dismissed the case against Strandlof, but stated that while the U.S. Constitution does not protect against fraudulent speech, in Strandlof’s case there was no actual victim of the fraud. The District Judge noted that the Stolen Valor Act “criminalizes the mere utterance of the false statement regardless whether anyone is harmed thereby. It is merely fraud in the air, untethered from any underlying crime at all”.
The government appealed, arguing in its brief to the Tenth Circuit that the Stolen Valor Act is narrowly tailored and does not discourage people from making other constitutionally-protected statements. It noted that the Act is aimed at preventing harm to the public from the “misappropriation of the benefits, reputation, and credibility properly accorded to those who have earned military honors”. The attorney for the government noted that “[f]alse statements are not protected speech. They undermine rather than advance the free marketplace of ideas”.
However, the Tenth Circuit judges strongly questioned the Justice Department attorney, wondering where the criminalization of lies stops and pointing out that what the government wants to implement is a broad category of protection against false statements of facts.
This case is proving to be extremely important because last year, the Court of Appeals for the Ninth Circuit ruled the Act unconstitutional because of the same free-speech concerns. If the Tenth Circuit comes to the same conclusion as the Ninth Circuit, then it would become more settled law that the Act is unconstitutional. However, if the Tenth Circuit were to rule differently, it would make it more likely that the U.S. Supreme Court would step in to settle the dispute.
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Monday, May 23, 2011
Sleep and Combat
by Jim Fausone
Veterans Disability Lawyer
The research continues on veterans and sleep apnea. A study presented in May 2011 at the American Psychiatric Association's annual meeting suggests that sleep disturbances like obstructive sleep apnea (OSA), excessive awakening and insomnia, may be a normal result of combat experience and not specifically related to PTSD or TBI.
However, the sleep study participants did not have a higher rate of OSA than non-veteran sleep clinic participants, calling into question the commonly held view that sleep apnea and related sleep disorders are a function of PTSD and TBI. Rather, they appear to be a function of experiencing stress under combat conditions, even if that stress does not rise to the level of PTSD.
As we have written before, OSA is an increasingly approved rating by VA. You may find the article on the study of interest.
http://www.healthnewsdigest.com/news/Research_270/Sleep_Disruptions_May_Be_a_Function_of_Combat_Not_Specific_to_PTSD_or_Other_Medical_Disorders.shtml
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Veterans Disability Lawyer
The research continues on veterans and sleep apnea. A study presented in May 2011 at the American Psychiatric Association's annual meeting suggests that sleep disturbances like obstructive sleep apnea (OSA), excessive awakening and insomnia, may be a normal result of combat experience and not specifically related to PTSD or TBI.
However, the sleep study participants did not have a higher rate of OSA than non-veteran sleep clinic participants, calling into question the commonly held view that sleep apnea and related sleep disorders are a function of PTSD and TBI. Rather, they appear to be a function of experiencing stress under combat conditions, even if that stress does not rise to the level of PTSD.
As we have written before, OSA is an increasingly approved rating by VA. You may find the article on the study of interest.
http://www.healthnewsdigest.com/news/Research_270/Sleep_Disruptions_May_Be_a_Function_of_Combat_Not_Specific_to_PTSD_or_Other_Medical_Disorders.shtml
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Friday, May 20, 2011
VA Malpractice Data
by Kristina Derro
Veterans Disability Lawyer
Recent data published by the Project on Government Oversight revealed that VA paid out over a dozen million-dollar malpractice payouts because of either failure on the part of VA to obtain informed consent from its patients or VA’s health care providers failing to timely diagnose and treat conditions.
Out of more than 12,000 claims against VA from 1989 to 2008, several thousand were related to medical malpractice. Of those, 16 had payouts of $1 million or more due to clinical negligence.
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Veterans Disability Lawyer
Recent data published by the Project on Government Oversight revealed that VA paid out over a dozen million-dollar malpractice payouts because of either failure on the part of VA to obtain informed consent from its patients or VA’s health care providers failing to timely diagnose and treat conditions.
Out of more than 12,000 claims against VA from 1989 to 2008, several thousand were related to medical malpractice. Of those, 16 had payouts of $1 million or more due to clinical negligence.
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Thursday, May 19, 2011
NLRB Outrageous Decision
by Jim Fausone
Over 30 years of practicing law, I have seen foolish and unexplainable decisions by courts and boards. This one has to be in the top ten.
The National Labor Relations Board (NLRB) recently ruled that Boeing's opening of a plant in right-to-work state South Carolina was prohibited because it was anti-union. The NLRB ruled that Boeing’s decision to locate in the south was retaliation for union strikes in Washington State. Notwithstanding, the facts showed that Boeing had added 2000 jobs in Washington State. The critics claim this decision by the Obama NLRB is pay-back for union support of the administration.
Business decisions are motivated primarily by making a profit for the company. If the government can tell you where you can build your plant in this country, expect those who can move out of the country to do that. Do we want Lansing to tell a business you can only build in Detroit or the UP? This decision is outrageous and should heighten calls for defunding of the NLRB.
http://americansforprosperity.org/042511-south-carolina%E2%80%99s-right-work-boeing-and-nlrb
Over 30 years of practicing law, I have seen foolish and unexplainable decisions by courts and boards. This one has to be in the top ten.
The National Labor Relations Board (NLRB) recently ruled that Boeing's opening of a plant in right-to-work state South Carolina was prohibited because it was anti-union. The NLRB ruled that Boeing’s decision to locate in the south was retaliation for union strikes in Washington State. Notwithstanding, the facts showed that Boeing had added 2000 jobs in Washington State. The critics claim this decision by the Obama NLRB is pay-back for union support of the administration.
Business decisions are motivated primarily by making a profit for the company. If the government can tell you where you can build your plant in this country, expect those who can move out of the country to do that. Do we want Lansing to tell a business you can only build in Detroit or the UP? This decision is outrageous and should heighten calls for defunding of the NLRB.
http://americansforprosperity.org/042511-south-carolina%E2%80%99s-right-work-boeing-and-nlrb
Wednesday, May 18, 2011
Take “All my Loving” (and my Money too)
by Wendy Alton
Paul McCartney is marrying for the third time—this time to Nancy Shevell. Apparently they have known each other for 20 years, and she has independent wealth of her own. Perhaps this is the reason they have announced they are not going to sign any prenuptial agreements. The media has reported that Nancy has signed a one-page document stating that she won’t pursue any of the trust fund money going to Paul’s children. Other than that, no prenuptial agreement. Good or bad?
Prenuptial agreements are agreements made between couples who are planning on getting married. Those agreements will state what happens with their money and property if they ever divorce or die. It can dictate how they will purchase things and how they will share debt. It can indicate whether or not spousal support or alimony will be awarded if they divorce.
Prenuptial agreements are very common when two people are bringing significant assets of their own into the marriage, or even significant debt. They are also common when people are marrying later in life and they have grown children they want to provide for if they were to pass away. They are common with people who are marrying for the 2nd or 3rd time, or for people who have businesses that they have started or have inherited through the family. They are far more common than they used to be.
For couples that are anticipating marriage, it is very important to at least consider whether or not to have a prenuptial agreement in place prior to getting married. This is particularly important if each person has their own property, investments, retirement and savings. If a couple decides on a prenuptial agreement, they must fully disclose to each other all of their property and debt and the value of each, and must agree to consult with an attorney prior to signing it. They are usually signed prior to the wedding.
And yes, they are drafted for people just like you and me, even if we don’t have royalties from Beatles’ songs at stake.
Read the ABC news story here: Paul McCartney Engaged to Nancy Shevell: Third Time Charmed?
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Paul McCartney is marrying for the third time—this time to Nancy Shevell. Apparently they have known each other for 20 years, and she has independent wealth of her own. Perhaps this is the reason they have announced they are not going to sign any prenuptial agreements. The media has reported that Nancy has signed a one-page document stating that she won’t pursue any of the trust fund money going to Paul’s children. Other than that, no prenuptial agreement. Good or bad?
Prenuptial agreements are agreements made between couples who are planning on getting married. Those agreements will state what happens with their money and property if they ever divorce or die. It can dictate how they will purchase things and how they will share debt. It can indicate whether or not spousal support or alimony will be awarded if they divorce.
Prenuptial agreements are very common when two people are bringing significant assets of their own into the marriage, or even significant debt. They are also common when people are marrying later in life and they have grown children they want to provide for if they were to pass away. They are common with people who are marrying for the 2nd or 3rd time, or for people who have businesses that they have started or have inherited through the family. They are far more common than they used to be.
For couples that are anticipating marriage, it is very important to at least consider whether or not to have a prenuptial agreement in place prior to getting married. This is particularly important if each person has their own property, investments, retirement and savings. If a couple decides on a prenuptial agreement, they must fully disclose to each other all of their property and debt and the value of each, and must agree to consult with an attorney prior to signing it. They are usually signed prior to the wedding.
And yes, they are drafted for people just like you and me, even if we don’t have royalties from Beatles’ songs at stake.
Read the ABC news story here: Paul McCartney Engaged to Nancy Shevell: Third Time Charmed?
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Tuesday, May 17, 2011
Ninth Circuit Rips Apart VA Over Mental Health Care
by Kristina Derro
Veterans Disability Lawyer
The United States Court of Appeals for the Ninth Circuit unleashed its fury on the VA last week in a decision where the judges ruled that the “unchecked incompetence” by the VA had led to poor mental health care and slow processing of disability claims for veterans. Two nonprofit organizations, Veterans United for Truth and Veterans for Common Sense, filed a lawsuit seeking to force VA to make changes to the way it treats veterans with mental health disabilities and handles compensation claims.
The Ninth Circuit agreed with the plaintiffs’ case that the VA must put mental health initiatives into effect throughout the entire system and change the way it adjudicates disability compensation claims in its various regional offices. The Court cited to statistics that it often takes weeks for a suicidal veteran to get a first appointment at a VA and that it often takes VA an average of four years to fully provide the mental health benefits owed to veterans.
During the trial, emails between high-ranking VA officials were entered into evidence, revealing that VA was aware of the high suicide rates among veterans and that it harbored a desire to keep quiet the number of veterans under its care who attempt suicide. The Ninth Circuit opinion stated that “[n]o more veterans should be compelled to agonize or perish while the government fails to perform its obligation”. The Court found that there were no suicide prevention officers at any of the VA’s 800 community-based outpatient clinics, the screening for suicide by the VA was not rigorous, and that 70% of VA medical centers did not have systems to track potentially suicidal veterans.
The Ninth Circuit also wrote a scathing opinion regarding the way VA handled disability compensation claims. The opinion noted that the processing of an initial claim usually took longer than the 120-day goal set by the VA itself, and that regional offices take more than a year to certify appealed claims which the Court found was “a merely ministerial act”. The Court found that no official with VA “was able to provide the court with a sufficient justification for the delays”.
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Veterans Disability Lawyer
The United States Court of Appeals for the Ninth Circuit unleashed its fury on the VA last week in a decision where the judges ruled that the “unchecked incompetence” by the VA had led to poor mental health care and slow processing of disability claims for veterans. Two nonprofit organizations, Veterans United for Truth and Veterans for Common Sense, filed a lawsuit seeking to force VA to make changes to the way it treats veterans with mental health disabilities and handles compensation claims.
The Ninth Circuit agreed with the plaintiffs’ case that the VA must put mental health initiatives into effect throughout the entire system and change the way it adjudicates disability compensation claims in its various regional offices. The Court cited to statistics that it often takes weeks for a suicidal veteran to get a first appointment at a VA and that it often takes VA an average of four years to fully provide the mental health benefits owed to veterans.
During the trial, emails between high-ranking VA officials were entered into evidence, revealing that VA was aware of the high suicide rates among veterans and that it harbored a desire to keep quiet the number of veterans under its care who attempt suicide. The Ninth Circuit opinion stated that “[n]o more veterans should be compelled to agonize or perish while the government fails to perform its obligation”. The Court found that there were no suicide prevention officers at any of the VA’s 800 community-based outpatient clinics, the screening for suicide by the VA was not rigorous, and that 70% of VA medical centers did not have systems to track potentially suicidal veterans.
The Ninth Circuit also wrote a scathing opinion regarding the way VA handled disability compensation claims. The opinion noted that the processing of an initial claim usually took longer than the 120-day goal set by the VA itself, and that regional offices take more than a year to certify appealed claims which the Court found was “a merely ministerial act”. The Court found that no official with VA “was able to provide the court with a sufficient justification for the delays”.
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Monday, May 16, 2011
The iPhone Divorce App: Will it Make Divorce Lawyers Extinct?
by Wendy Alton
There is no doubt that the iPhone offers significant advantages to cell phone users with the hundreds, if not thousands, of apps (applications) that you can download and use. You can use your iPhone to read on the (free) Kindle, rent movies, check local gas prices, plan your workouts and download coupons, just to name a few. You can truly personalize your phone to your own life. Now, it appears you can also download apps to help you through your divorce.
A Dallas Texas family law attorney created 2 divorce apps for the iPhone: one that focuses on the cost and preparation for a divorce, and the other for splitting assets. You can review these apps here: DivorceApps.com.
You can also download another divorce app called the “Divorce Encyclopedia,” which can be found here: 3stepdivorce.com.
Without looking at the apps themselves it is difficult to tell how effective or educational they may be. I typically advise my clients to read anything online with skepticism, because only a Michigan family law attorney truly understands how the court will handle your divorce issues. That being said, there are valuable websites that offer a wealth of credible information. Perhaps apps will do that as well.
So, are the apps worth it? I don’t know—I have a Droid phone. I guess I’ll have to buy an iPhone to know for sure!
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
There is no doubt that the iPhone offers significant advantages to cell phone users with the hundreds, if not thousands, of apps (applications) that you can download and use. You can use your iPhone to read on the (free) Kindle, rent movies, check local gas prices, plan your workouts and download coupons, just to name a few. You can truly personalize your phone to your own life. Now, it appears you can also download apps to help you through your divorce.
A Dallas Texas family law attorney created 2 divorce apps for the iPhone: one that focuses on the cost and preparation for a divorce, and the other for splitting assets. You can review these apps here: DivorceApps.com.
You can also download another divorce app called the “Divorce Encyclopedia,” which can be found here: 3stepdivorce.com.
Without looking at the apps themselves it is difficult to tell how effective or educational they may be. I typically advise my clients to read anything online with skepticism, because only a Michigan family law attorney truly understands how the court will handle your divorce issues. That being said, there are valuable websites that offer a wealth of credible information. Perhaps apps will do that as well.
So, are the apps worth it? I don’t know—I have a Droid phone. I guess I’ll have to buy an iPhone to know for sure!
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Friday, May 13, 2011
Parenting Time: Are Courts Biased?
by Wendy Alton
Parenting time is the legal term used in divorce for the specific schedule that each parent has with their children. Two recent studies conducted by Arizona State University raise some questions about whether the family courts are biased in their awards of parenting time.
I blogged last week about the parenting time schedule that the Wayne County Circuit (Family) Court recently implemented. Effective this year, parents that have a judgment or order that specifies “reasonable parenting time” will be bound by the court’s schedule, found here: Wayne County Circuit Court Co-Parenting Plan. Interestingly, the Co-Parenting Plan establishes parenting time plans time based upon the child’s age. Even a brief review of the Co-Parenting Plan reveals that in no way does it provide for equal time for both parents. The Co-Parenting Plan provides the non-custodial parent (usually dad) overnights on an every-other weekend basis, with one overnight each week.
However, the studies conducted and summarized here, Public Support Rising for Joint Custody, reveal that there is an incredible growing public support for equal time for both parents. Equal time was preferred in these studies even in high-conflict situations. The participants of the study made mock decisions as a judge in custody disputes, and overwhelmingly granted equal time to the mother and father. The studies reveal that the public believes that courts favor mom, and that the courts should instead be giving equal time with the children to both mom and dad.
The law in Michigan regarding parenting time states that “It is presumed to be in the best interests of a child for the child to have a strong relationship with both of his or her parents… parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship.” MCL 722.27a. Many believe that this goes hand-in-hand with giving mom and dad equal time with the children. Many believe that the enforcement of cookie-cutter parenting time guidelines or even the Wayne County Co-Parenting Plan does not promote a strong relationship between the parents and their children.
It will be interesting to see how the courts respond to the growing public demand for equal parenting time, especially in light of recent parenting time guidelines that generally favor mom.
Lesson to learn? If you are going through a divorce and you are unsatisfied with the court’s parenting time plan, make sure that you or your attorney negotiate the specific time that you want time with your children. Agree on a schedule that works for the best of your own family.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Parenting time is the legal term used in divorce for the specific schedule that each parent has with their children. Two recent studies conducted by Arizona State University raise some questions about whether the family courts are biased in their awards of parenting time.
I blogged last week about the parenting time schedule that the Wayne County Circuit (Family) Court recently implemented. Effective this year, parents that have a judgment or order that specifies “reasonable parenting time” will be bound by the court’s schedule, found here: Wayne County Circuit Court Co-Parenting Plan. Interestingly, the Co-Parenting Plan establishes parenting time plans time based upon the child’s age. Even a brief review of the Co-Parenting Plan reveals that in no way does it provide for equal time for both parents. The Co-Parenting Plan provides the non-custodial parent (usually dad) overnights on an every-other weekend basis, with one overnight each week.
However, the studies conducted and summarized here, Public Support Rising for Joint Custody, reveal that there is an incredible growing public support for equal time for both parents. Equal time was preferred in these studies even in high-conflict situations. The participants of the study made mock decisions as a judge in custody disputes, and overwhelmingly granted equal time to the mother and father. The studies reveal that the public believes that courts favor mom, and that the courts should instead be giving equal time with the children to both mom and dad.
The law in Michigan regarding parenting time states that “It is presumed to be in the best interests of a child for the child to have a strong relationship with both of his or her parents… parenting time shall be granted to a parent in a frequency, duration, and type reasonably calculated to promote a strong relationship.” MCL 722.27a. Many believe that this goes hand-in-hand with giving mom and dad equal time with the children. Many believe that the enforcement of cookie-cutter parenting time guidelines or even the Wayne County Co-Parenting Plan does not promote a strong relationship between the parents and their children.
It will be interesting to see how the courts respond to the growing public demand for equal parenting time, especially in light of recent parenting time guidelines that generally favor mom.
Lesson to learn? If you are going through a divorce and you are unsatisfied with the court’s parenting time plan, make sure that you or your attorney negotiate the specific time that you want time with your children. Agree on a schedule that works for the best of your own family.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Thursday, May 12, 2011
New Beginning for Board of Water Commissioners
by Jim Fausone
The new Detroit Board of Water Commissioners took office on April 1, 2011. The new board structure was conceived as a settlement for long-standing litigation about the operations of Detroit Water and Sewage Department (DWSD).
Mayor Dave Bing is trying to get Detroit out from federal oversight of the Water and Sewage Department and the Police Department. As a member of the new board, I can attest to the board’s desire to identify and correct historical deficiencies in the governance and operation of DWSD.
To read about Mayor Bing’s plans, see the attached article from the Wall Street Journal.
http://online.wsj.com/article/SB10001424052748704322804576303881213466512.html?mod=googlenews_wsj
The new Detroit Board of Water Commissioners took office on April 1, 2011. The new board structure was conceived as a settlement for long-standing litigation about the operations of Detroit Water and Sewage Department (DWSD).
Mayor Dave Bing is trying to get Detroit out from federal oversight of the Water and Sewage Department and the Police Department. As a member of the new board, I can attest to the board’s desire to identify and correct historical deficiencies in the governance and operation of DWSD.
To read about Mayor Bing’s plans, see the attached article from the Wall Street Journal.
http://online.wsj.com/article/SB10001424052748704322804576303881213466512.html?mod=googlenews_wsj
Wednesday, May 11, 2011
Veteran & Military Health Care Costs
by Jim Fausone
Veteran Disability Lawyer
Have you noticed that when the national press talks about the cost of war it ignores the medical costs associated with the military and veterans? The VA budget is a reminder of the prolonged cost of war. A recent analysis of the DOD budget also drives this home.
Costs of the program that provides health coverage to some 10 million active duty personnel, retirees, reservists and their families have jumped from $19 billion in 2001 to $53 billion in the Pentagon's latest budget request. These costs are driving the President to suggest that veterans and those using TRICARE pay more for their health care. The Detroit News reports: "After years of resisting proposed increases for the military men and women who sacrificed for a nation, budget-conscious lawmakers suddenly are poised to make them pay a bit more for their health care."
The current TRICARE fees, unchanged in 11 years, are just $230 a year for an individual and $460 for a family. That's far less than what civilian federal workers pay for health care, about $5,000 a year. If this increase is passed on to retirees, you should expect pressure on VA to continue to raise the costs passed on to veterans.
We will have to remind Washington that the veterans are a unique group that gave the country the best years of their lives and should not now be asked to again bear the burdens of the country. Those who have never sacrificed for the country should do more - not the retirees and veterans.
From The Detroit News: http://detnews.com/article/20110509/NATION/105090339/Health-care-for-military-reaches-$53-billion#ixzz1Lsxqplu5
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Veteran Disability Lawyer
Have you noticed that when the national press talks about the cost of war it ignores the medical costs associated with the military and veterans? The VA budget is a reminder of the prolonged cost of war. A recent analysis of the DOD budget also drives this home.
Costs of the program that provides health coverage to some 10 million active duty personnel, retirees, reservists and their families have jumped from $19 billion in 2001 to $53 billion in the Pentagon's latest budget request. These costs are driving the President to suggest that veterans and those using TRICARE pay more for their health care. The Detroit News reports: "After years of resisting proposed increases for the military men and women who sacrificed for a nation, budget-conscious lawmakers suddenly are poised to make them pay a bit more for their health care."
The current TRICARE fees, unchanged in 11 years, are just $230 a year for an individual and $460 for a family. That's far less than what civilian federal workers pay for health care, about $5,000 a year. If this increase is passed on to retirees, you should expect pressure on VA to continue to raise the costs passed on to veterans.
We will have to remind Washington that the veterans are a unique group that gave the country the best years of their lives and should not now be asked to again bear the burdens of the country. Those who have never sacrificed for the country should do more - not the retirees and veterans.
From The Detroit News: http://detnews.com/article/20110509/NATION/105090339/Health-care-for-military-reaches-$53-billion#ixzz1Lsxqplu5
To learn more or to contact a Veterans disability lawyer, Veterans disability attorney, Veterans lawyer, or Veterans attorney call 1.800.693.4800 or visit Legalhelpforveterans.com
Tuesday, May 10, 2011
Detroit Divorce TV
by Wendy Alton
The Michigan Film Office has just approved film incentives for a pilot courtroom reality TV show: “Domestic Justice.” The TV show is described as an “explosive new judicial reality show” where “real life drama meets common sense justice.” The episodes will involve domestic disputes involving custody and parenting time, but also bullying and harassment. The justice will be administered by Wayne County Circuit Court Judge Vonda Evans.
So is this going to be another Judge Judy show? A close look at the TV show’s website may provide an answer to this: Domestic Justice. It appears that the unique twist of Domestic Justice is that it will employ short-term and long-term counseling and therapy supervision for the participants, and appears that the focus of the “justice” will be on finding resolutions that integrate on-going counseling for everyone involved. The goal is also to provide follow-up segments to track the progress of the people involved in the dispute.
Do you have an issue that you want to submit for “common sense justice?” If so, the website Domestic Justice provides you with a list of questions to answer, and if your issue is relevant to the show, a submission form for you to fill out.
Keep posted for more details—and read more on MLive’s website: Michigan Film Office approves Detroit-filmed judge show for incentives.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
The Michigan Film Office has just approved film incentives for a pilot courtroom reality TV show: “Domestic Justice.” The TV show is described as an “explosive new judicial reality show” where “real life drama meets common sense justice.” The episodes will involve domestic disputes involving custody and parenting time, but also bullying and harassment. The justice will be administered by Wayne County Circuit Court Judge Vonda Evans.
So is this going to be another Judge Judy show? A close look at the TV show’s website may provide an answer to this: Domestic Justice. It appears that the unique twist of Domestic Justice is that it will employ short-term and long-term counseling and therapy supervision for the participants, and appears that the focus of the “justice” will be on finding resolutions that integrate on-going counseling for everyone involved. The goal is also to provide follow-up segments to track the progress of the people involved in the dispute.
Do you have an issue that you want to submit for “common sense justice?” If so, the website Domestic Justice provides you with a list of questions to answer, and if your issue is relevant to the show, a submission form for you to fill out.
Keep posted for more details—and read more on MLive’s website: Michigan Film Office approves Detroit-filmed judge show for incentives.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Monday, May 9, 2011
Removing the “Sheen” from Celebrity Divorce
by Wendy Alton
Sorry, Charlie. As if Charlie Sheen hasn’t had enough “winning” media coverage—he received even more as his divorce with Brooke Mueller was finalized this week. The media has focused solely on money (big surprise), so all news stories have only discussed the amount of the property settlement and monthly child support award.
However, TMZ posted the actual divorce judgment online here: In Re Marriage of Sheen. There are some interesting things to note in that Judgment other than just how much money was awarded.
First, despite the fact that Charlie and Brooke are celebrities, the custody, parenting time and child support provisions of their Judgment look pretty similar to the provisions that are in most “average Joe” divorce judgments, including those that I have drafted. For example, Charlie and Brooke share legal custody of their 2 year old boys, Bob & Max. While Brooke has sole physical custody, the parenting time is pretty equally shared. Brooke and Charlie share all holidays and have equal vacation time with the kids. They also agreed to allow the other to take the kids out of state without advance written permission from each other. Charlie must provide health insurance for the boys, and Brooke and Charlie agree to equally share the cost of any of the kids’ extra-curricular activities. Brooke and Charlie also agree that neither can make unilateral decisions about where the boys attend school, but if private school is chosen, Charlie will pay the tuition. Those are pretty “normal” provisions in any divorce.
One of the more interesting and unique provisions in the Judgment involves child support. Brooke was awarded $55,000 per month (yes, per month) for child support for the boys. The Judgment goes on to state that Brooke’s child support shall never be less than the child support that Charlie Sheen pays to his other ex-wife, Denise Richards. The Judgment continues, stating that Charlie and Brooke both recognize that Denise has more assets and earning capacity then Brooke, and that Denise’s children have trust funds, while Brooke’s children do not. Thus, the absolute minimum child support that Brooke will receive will never be less than child support paid to Denise. This is a pretty interesting provision because it provides a base child support number without consideration of income or parenting time. This would be a difficult provision to enforce in Michigan.
What else is noteworthy in this Judgment? Well, Brooke signed a prenup or “Premarital Agreement” on May 27, 2008, before she married Charlie. The Divorce Judgment abides by this prenup, which means that Brooke receives zero spousal support. Yes, Brooke waived her right to alimony now and forever. While that may be surprising in this divorce to waive alimony, it is pretty common in most divorces.
Anything else stick out? Brooke agrees to never talk to the media about Charlie’s alleged sexual affairs and alleged drug use, and Charlie agrees never to talk to the media about Brooke’s alleged drug use. Interesting.
By taking a closer look at Charlie and Brooke’s Divorce Judgment, one can easily see that despite their celebrity status, Charlie and Brooke’s issues are resolved in a pretty standard way.
If you are interested in learning more about child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Sorry, Charlie. As if Charlie Sheen hasn’t had enough “winning” media coverage—he received even more as his divorce with Brooke Mueller was finalized this week. The media has focused solely on money (big surprise), so all news stories have only discussed the amount of the property settlement and monthly child support award.
However, TMZ posted the actual divorce judgment online here: In Re Marriage of Sheen. There are some interesting things to note in that Judgment other than just how much money was awarded.
First, despite the fact that Charlie and Brooke are celebrities, the custody, parenting time and child support provisions of their Judgment look pretty similar to the provisions that are in most “average Joe” divorce judgments, including those that I have drafted. For example, Charlie and Brooke share legal custody of their 2 year old boys, Bob & Max. While Brooke has sole physical custody, the parenting time is pretty equally shared. Brooke and Charlie share all holidays and have equal vacation time with the kids. They also agreed to allow the other to take the kids out of state without advance written permission from each other. Charlie must provide health insurance for the boys, and Brooke and Charlie agree to equally share the cost of any of the kids’ extra-curricular activities. Brooke and Charlie also agree that neither can make unilateral decisions about where the boys attend school, but if private school is chosen, Charlie will pay the tuition. Those are pretty “normal” provisions in any divorce.
One of the more interesting and unique provisions in the Judgment involves child support. Brooke was awarded $55,000 per month (yes, per month) for child support for the boys. The Judgment goes on to state that Brooke’s child support shall never be less than the child support that Charlie Sheen pays to his other ex-wife, Denise Richards. The Judgment continues, stating that Charlie and Brooke both recognize that Denise has more assets and earning capacity then Brooke, and that Denise’s children have trust funds, while Brooke’s children do not. Thus, the absolute minimum child support that Brooke will receive will never be less than child support paid to Denise. This is a pretty interesting provision because it provides a base child support number without consideration of income or parenting time. This would be a difficult provision to enforce in Michigan.
What else is noteworthy in this Judgment? Well, Brooke signed a prenup or “Premarital Agreement” on May 27, 2008, before she married Charlie. The Divorce Judgment abides by this prenup, which means that Brooke receives zero spousal support. Yes, Brooke waived her right to alimony now and forever. While that may be surprising in this divorce to waive alimony, it is pretty common in most divorces.
Anything else stick out? Brooke agrees to never talk to the media about Charlie’s alleged sexual affairs and alleged drug use, and Charlie agrees never to talk to the media about Brooke’s alleged drug use. Interesting.
By taking a closer look at Charlie and Brooke’s Divorce Judgment, one can easily see that despite their celebrity status, Charlie and Brooke’s issues are resolved in a pretty standard way.
If you are interested in learning more about child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Friday, May 6, 2011
Honoring Michigan Mothers
by Wendy Alton
"I’ll be a wife and mother first, then First Lady.” ~Jackie Kennedy
Mother’s Day is this Sunday, and it is fitting to take a moment to honor some Michigan mothers who were not only role models for their own children, but pioneers in their field. Because I am a lawyer, I am obviously drawn to Michigan mothers who were pioneers in the field of law.
Martha Strickland Clark (1853-1935). Martha was a single mother when she began law school at the University of Michigan Law School in 1882. In 1887 she became the first woman lawyer in Detroit. She was also the first woman to argue a case before the Michigan Supreme Court, and argued that a woman could divorce a husband who was abusing her. She was back in front of the Michigan Supreme Court in 1890 arguing that a woman could hold the office of deputy county clerk. She won both cases.
Rachel Andresen (1907-1988). At the age of 28, Rachel was widowed, left to raise three children on her own. Perhaps this was why she focused on children, founding Youth for Understanding, an international exchange program for high school students. Youth for Understanding still exists today, and provides opportunities for thousands of high school students. For her pioneering work and founding of Youth for Understanding, Rachel was nominated for the Nobel Peace Prize in 1973.
Anne R. Davidow (1898-1991). Anne was actually denied admittance to the Detroit College of Law because she was a woman. So she attended another law school. She married and had two children, and became famous for a case she argued in front of the United States Supreme Court in 1948, Goesaert v Cleary. In that case, she argued against a law in Michigan that did not allow women to tend bar unless their fathers or husbands owned the bar. While Anne lost the case, the law was actually repealed, and the case of Goesaert v Cleary is taught in law schools around the country.
Cornelia Groefsema Kennedy (1923 - ). Cornelia Kennedy was the second woman to serve as Judge in Wayne County Circuit Court and the first Michigan woman to be appointed to the federal bench by President Nixon in 1970. She was then appointed by President Carter to the United States Court of Appeals for the Sixth Circuit. I have a special place in my heart for Justice Kennedy. When I had just passed the Michigan Bar, Justice Kennedy administered my oath to the federal bench, and swore me in as an attorney to the United States District Court, Eastern District of Michigan. I also had the privilege of working for her son, Charles Kennedy, also a lawyer.
I couldn’t close this without thanking my own mother, Dorothy Sluka, for her constant love and support, for without that, I wouldn’t have the inspiration to be both a mother and lawyer today.
“All mothers are working mothers.” (author unknown). Take a moment this Sunday to thank those mothers who have made a difference in your life.
If you are interested in learning more about family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com
"I’ll be a wife and mother first, then First Lady.” ~Jackie Kennedy
Mother’s Day is this Sunday, and it is fitting to take a moment to honor some Michigan mothers who were not only role models for their own children, but pioneers in their field. Because I am a lawyer, I am obviously drawn to Michigan mothers who were pioneers in the field of law.
Martha Strickland Clark (1853-1935). Martha was a single mother when she began law school at the University of Michigan Law School in 1882. In 1887 she became the first woman lawyer in Detroit. She was also the first woman to argue a case before the Michigan Supreme Court, and argued that a woman could divorce a husband who was abusing her. She was back in front of the Michigan Supreme Court in 1890 arguing that a woman could hold the office of deputy county clerk. She won both cases.
Rachel Andresen (1907-1988). At the age of 28, Rachel was widowed, left to raise three children on her own. Perhaps this was why she focused on children, founding Youth for Understanding, an international exchange program for high school students. Youth for Understanding still exists today, and provides opportunities for thousands of high school students. For her pioneering work and founding of Youth for Understanding, Rachel was nominated for the Nobel Peace Prize in 1973.
Anne R. Davidow (1898-1991). Anne was actually denied admittance to the Detroit College of Law because she was a woman. So she attended another law school. She married and had two children, and became famous for a case she argued in front of the United States Supreme Court in 1948, Goesaert v Cleary. In that case, she argued against a law in Michigan that did not allow women to tend bar unless their fathers or husbands owned the bar. While Anne lost the case, the law was actually repealed, and the case of Goesaert v Cleary is taught in law schools around the country.
Cornelia Groefsema Kennedy (1923 - ). Cornelia Kennedy was the second woman to serve as Judge in Wayne County Circuit Court and the first Michigan woman to be appointed to the federal bench by President Nixon in 1970. She was then appointed by President Carter to the United States Court of Appeals for the Sixth Circuit. I have a special place in my heart for Justice Kennedy. When I had just passed the Michigan Bar, Justice Kennedy administered my oath to the federal bench, and swore me in as an attorney to the United States District Court, Eastern District of Michigan. I also had the privilege of working for her son, Charles Kennedy, also a lawyer.
I couldn’t close this without thanking my own mother, Dorothy Sluka, for her constant love and support, for without that, I wouldn’t have the inspiration to be both a mother and lawyer today.
“All mothers are working mothers.” (author unknown). Take a moment this Sunday to thank those mothers who have made a difference in your life.
If you are interested in learning more about family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com
Thursday, May 5, 2011
Jail for Former Red Wings Trainer: Unpaid Child Support
by Wendy Alton
The Detroit News reported that former Red Wings’ trainer John Wharton was arrested and jailed for unpaid child support: Former Wings trainer Wharton jailed on child-support charges. It appears he had been arrested before for unpaid child support, but paid a bond and then left the state moving to New York. He recently returned to Michigan, however, and was arrested again on a warrant issued by the Michigan Attorney General.
In Michigan, child support obligations are enforced by not only the courts, but also the local prosecutors and even the attorney general’s office. For non-payment of child support, the Friend of the Court can garnish your tax refunds, suspend your driver’s license, file a lien against your property, report the debt to credit agencies, garnish a private pension or retirement, and issue a bench warrant for your arrest. Additionally, in cases where the amount of support owing is excessive, the Friend of the Court can refer the case to the local prosecutor for felony charges. Felony non-support cases can also result in jail sentences.
What people don’t always realize is that child support is modifiable in Michigan. The Friend of the Court can conduct an automatic review of child support every 36 months. However, if there is a substantial change in income, a parent can file a request for modification and have it reviewed, even if it hasn’t been 36 months.
The court and Attorney General will also work with parents on overdue support. However, an effort must be made to make timely payments, and if the parent is unemployed, to find viable employment.
The lesson is clear—if there is a substantial change in income, it is important to request modification of child support. If the person paying child support becomes delinquent, the penalties can be excessive and extreme, and, in some cases, avoidable.
If you are interested in learning more about child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
The Detroit News reported that former Red Wings’ trainer John Wharton was arrested and jailed for unpaid child support: Former Wings trainer Wharton jailed on child-support charges. It appears he had been arrested before for unpaid child support, but paid a bond and then left the state moving to New York. He recently returned to Michigan, however, and was arrested again on a warrant issued by the Michigan Attorney General.
In Michigan, child support obligations are enforced by not only the courts, but also the local prosecutors and even the attorney general’s office. For non-payment of child support, the Friend of the Court can garnish your tax refunds, suspend your driver’s license, file a lien against your property, report the debt to credit agencies, garnish a private pension or retirement, and issue a bench warrant for your arrest. Additionally, in cases where the amount of support owing is excessive, the Friend of the Court can refer the case to the local prosecutor for felony charges. Felony non-support cases can also result in jail sentences.
What people don’t always realize is that child support is modifiable in Michigan. The Friend of the Court can conduct an automatic review of child support every 36 months. However, if there is a substantial change in income, a parent can file a request for modification and have it reviewed, even if it hasn’t been 36 months.
The court and Attorney General will also work with parents on overdue support. However, an effort must be made to make timely payments, and if the parent is unemployed, to find viable employment.
The lesson is clear—if there is a substantial change in income, it is important to request modification of child support. If the person paying child support becomes delinquent, the penalties can be excessive and extreme, and, in some cases, avoidable.
If you are interested in learning more about child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Wednesday, May 4, 2011
Splitting the House in a Divorce…. Literally
by Wendy Alton
The 6 year divorce case of New York’s Simon and Chana Taub was recently finalized by order of the court last week. Yes, it was a 6 year divorce. And no, the fact that it took 6 years is not the only shocking fact about this divorce.
One of the issues that the Taubs fought intensely about was who would live in their 3story brownstone in Brooklyn. When they both refused to move out while the divorce was pending, they split the house. Literally. They installed a wall down the middle of the house so they could both live there.
If that gives you flashbacks to the movie “War of the Roses” then you are spot on.
However, the Judge ordered that the house now be sold. Neither Simon nor Chana Taub will be able to keep the house. Can the Judge do this? Can the Judge order that the house be sold?
Absolutely. Judges in family court can dispose of the marital assets in any way that they determine is fair and equitable. Even in Michigan, if two people are fighting over a house, or any piece of property for that matter, the Judge will likely just order that it be sold. Selling the property definitely ends the dispute about who gets it.
In Michigan, selling property is sometimes a complicated solution because of the real estate market and downward economy. However, it is often the only equitable decision if the divorcing couple continues to fight over who keeps the house, and refuses to settle the issue themselves.
You can read more about Simon and Chana Taub’s divorce here: NYC couple who split house with wall get divorce.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
The 6 year divorce case of New York’s Simon and Chana Taub was recently finalized by order of the court last week. Yes, it was a 6 year divorce. And no, the fact that it took 6 years is not the only shocking fact about this divorce.
One of the issues that the Taubs fought intensely about was who would live in their 3story brownstone in Brooklyn. When they both refused to move out while the divorce was pending, they split the house. Literally. They installed a wall down the middle of the house so they could both live there.
If that gives you flashbacks to the movie “War of the Roses” then you are spot on.
However, the Judge ordered that the house now be sold. Neither Simon nor Chana Taub will be able to keep the house. Can the Judge do this? Can the Judge order that the house be sold?
Absolutely. Judges in family court can dispose of the marital assets in any way that they determine is fair and equitable. Even in Michigan, if two people are fighting over a house, or any piece of property for that matter, the Judge will likely just order that it be sold. Selling the property definitely ends the dispute about who gets it.
In Michigan, selling property is sometimes a complicated solution because of the real estate market and downward economy. However, it is often the only equitable decision if the divorcing couple continues to fight over who keeps the house, and refuses to settle the issue themselves.
You can read more about Simon and Chana Taub’s divorce here: NYC couple who split house with wall get divorce.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Tuesday, May 3, 2011
Wayne County Family Court Establishes Parenting Time Guidelines
by Wendy Alton
In a divorce or custody case involving minor children, the parents must ultimately decide how legal custody, physical custody, and parenting time is going to be shared. Parenting time is the legal term for the specific schedule that each parent has with the children. (courts used to call this “visitation”—obviously “parenting time” is a much more preferable term). Often times the parents will agree to work together, and in those cases the issue is resolved with the order or judgment specifying “reasonable parenting time.” This avoids having to agree to a rigid and specific schedule. “Reasonable parenting time” has typically meant that the parents will work together to create and maintain a flexible schedule.
However, that is no longer the case in Wayne County Family Court. Effective this year, 2011, Wayne County has established parenting time guidelines titled “Wayne County Circuit Court Co-Parenting Plan.” Effective this year, parents that have a judgment or order that specifies “reasonable parenting time” will be bound by the court’s schedule, found here: https://www.3rdcc.org/FOC/Forms/Parenting%20Time.pdf. Interestingly, the Co-Parenting Plan establishes parenting time plans time based upon the child’s age.
In theory, this is a good thing. The Co-Parenting Plan will give parents a schedule that is predictable and manageable. It also simplifies the negotiation process. Parents can now just agree to “reasonable parenting time” in a judgment or order, and have a schedule that they can rely on and work from.
The down side? If a parent is unaware of the Co-Parenting Plan, and agrees to “reasonable parenting time” in their order or judgment, then despite any agreement otherwise, the court will enforce the Co-Parenting Plan. If one parent asks the court to enforce parenting time, the court will hold both parents responsible for following the Co-Parenting Plan, even if they were not aware of it at the time their order or judgment was entered with the court.
An interesting note: published opinions from the Michigan Court of Appeals have held that a request for a parenting time change must be based on a change in circumstances or good cause, and also a determination that the requested change is in the best interests of the child. However, if you look at the Co-Parenting Plan closely, the parenting time schedule changes as the child grows older. The Co-Parenting Plan is based upon the notion that parenting time should change automatically as a child ages, without showing a change in circumstances or good cause. Many parents, judges and attorneys firmly believe that this should always be the case. The Michigan Court of Appeals has yet to publish an opinion supporting an automatic change based upon age. Until that happens, there will be some conflict between the established law and the implementation of the parenting time guidelines.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
In a divorce or custody case involving minor children, the parents must ultimately decide how legal custody, physical custody, and parenting time is going to be shared. Parenting time is the legal term for the specific schedule that each parent has with the children. (courts used to call this “visitation”—obviously “parenting time” is a much more preferable term). Often times the parents will agree to work together, and in those cases the issue is resolved with the order or judgment specifying “reasonable parenting time.” This avoids having to agree to a rigid and specific schedule. “Reasonable parenting time” has typically meant that the parents will work together to create and maintain a flexible schedule.
However, that is no longer the case in Wayne County Family Court. Effective this year, 2011, Wayne County has established parenting time guidelines titled “Wayne County Circuit Court Co-Parenting Plan.” Effective this year, parents that have a judgment or order that specifies “reasonable parenting time” will be bound by the court’s schedule, found here: https://www.3rdcc.org/FOC/Forms/Parenting%20Time.pdf. Interestingly, the Co-Parenting Plan establishes parenting time plans time based upon the child’s age.
In theory, this is a good thing. The Co-Parenting Plan will give parents a schedule that is predictable and manageable. It also simplifies the negotiation process. Parents can now just agree to “reasonable parenting time” in a judgment or order, and have a schedule that they can rely on and work from.
The down side? If a parent is unaware of the Co-Parenting Plan, and agrees to “reasonable parenting time” in their order or judgment, then despite any agreement otherwise, the court will enforce the Co-Parenting Plan. If one parent asks the court to enforce parenting time, the court will hold both parents responsible for following the Co-Parenting Plan, even if they were not aware of it at the time their order or judgment was entered with the court.
An interesting note: published opinions from the Michigan Court of Appeals have held that a request for a parenting time change must be based on a change in circumstances or good cause, and also a determination that the requested change is in the best interests of the child. However, if you look at the Co-Parenting Plan closely, the parenting time schedule changes as the child grows older. The Co-Parenting Plan is based upon the notion that parenting time should change automatically as a child ages, without showing a change in circumstances or good cause. Many parents, judges and attorneys firmly believe that this should always be the case. The Michigan Court of Appeals has yet to publish an opinion supporting an automatic change based upon age. Until that happens, there will be some conflict between the established law and the implementation of the parenting time guidelines.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Monday, May 2, 2011
Should You Change Your Name After a Divorce?
by Wendy Alton
A small but important question is always asked of the wife during divorce proceedings: Do you want to keep your married name, or go back to your maiden name? If the attorney fails to ask the wife this question, ultimately the Judge will ask the question at the final hearing.
In my experience as a divorce attorney, many women have a difficult time making this decision—especially if they have children from the marriage. Most women are concerned that if they go back to their maiden name, that their name will be different from their children’s’ name, and that this will cause problems. Some women, on the other hand, are concerned that if they don’t go back to their maiden name, and their soon to be ex-husband remarries, it will be too confusing altogether. Others who have established a professional reputation during their marriage are concerned that changing their name back to their maiden name will have a detrimental effect on their business. There are obviously a host of reasons that make this decision difficult.
To clarify, just having a provision in the Divorce Judgment changing a woman’s name doesn’t make the name change legal. In order to legally change your name you must take that Divorce Judgment to the Michigan Secretary of State and the Social Security Office to officially change it. So even having a provision in the Judgment of Divorce doesn’t make the name change automatic. There are further steps to take in order to make the change legal and official.
There is, however, a very significant advantage to including a name change provision in a Divorce Judgment. If this provision is in the Divorce Judgment, the woman can decide at any time to make the name change legal and official. That means that she can make the change right away, wait a while, or never change it. Having the provision in the Judgment makes it easy to change it officially.
What happens if you don’t have this type of provision in the Divorce Judgment, but want to change it later? If there is no name change provision in the Divorce Judgment, then you must file a petition with the Court for a name change, and follow all of the necessary procedures. The Michigan Courts website offers a tutorial on this process here: Name Change Self Help. It should be noted that there are significant costs included in a name change petition. There are filing fees, fingerprinting fees, publishing fees, and order fees. These fees will exceed $300.00. You also have to be fingerprinted, and your fingerprints must be sent to the Michigan State Police and the FBI. Both agencies must report to the Court about any pending charges or convictions. The process is time-consuming and expensive.
If in doubt, it is better to err on the side of caution and include a name change provision in your Divorce Judgment. If you decide never to change your name, it won’t hurt you. If you decide to change your name in the future, it will save you significant time and money.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Website: http://courts.michigan.gov/scao/selfhelp/family/nc_help.htm.
A small but important question is always asked of the wife during divorce proceedings: Do you want to keep your married name, or go back to your maiden name? If the attorney fails to ask the wife this question, ultimately the Judge will ask the question at the final hearing.
In my experience as a divorce attorney, many women have a difficult time making this decision—especially if they have children from the marriage. Most women are concerned that if they go back to their maiden name, that their name will be different from their children’s’ name, and that this will cause problems. Some women, on the other hand, are concerned that if they don’t go back to their maiden name, and their soon to be ex-husband remarries, it will be too confusing altogether. Others who have established a professional reputation during their marriage are concerned that changing their name back to their maiden name will have a detrimental effect on their business. There are obviously a host of reasons that make this decision difficult.
To clarify, just having a provision in the Divorce Judgment changing a woman’s name doesn’t make the name change legal. In order to legally change your name you must take that Divorce Judgment to the Michigan Secretary of State and the Social Security Office to officially change it. So even having a provision in the Judgment of Divorce doesn’t make the name change automatic. There are further steps to take in order to make the change legal and official.
There is, however, a very significant advantage to including a name change provision in a Divorce Judgment. If this provision is in the Divorce Judgment, the woman can decide at any time to make the name change legal and official. That means that she can make the change right away, wait a while, or never change it. Having the provision in the Judgment makes it easy to change it officially.
What happens if you don’t have this type of provision in the Divorce Judgment, but want to change it later? If there is no name change provision in the Divorce Judgment, then you must file a petition with the Court for a name change, and follow all of the necessary procedures. The Michigan Courts website offers a tutorial on this process here: Name Change Self Help. It should be noted that there are significant costs included in a name change petition. There are filing fees, fingerprinting fees, publishing fees, and order fees. These fees will exceed $300.00. You also have to be fingerprinted, and your fingerprints must be sent to the Michigan State Police and the FBI. Both agencies must report to the Court about any pending charges or convictions. The process is time-consuming and expensive.
If in doubt, it is better to err on the side of caution and include a name change provision in your Divorce Judgment. If you decide never to change your name, it won’t hurt you. If you decide to change your name in the future, it will save you significant time and money.
If you are interested in learning more about divorce, or have a question about divorce, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Website: http://courts.michigan.gov/scao/selfhelp/family/nc_help.htm.
Subscribe to:
Posts (Atom)