by Jim Fausone
There is no way the VA is going to be able to help every veteran in every situation. I think it is important that Veteran Service Organizations (VSO), veteran business owners and veteran centric groups step up and help out. This requires a local effort of neighbors helping neighbors. Stop worrying about VA getting it right and jump in and help.
VA recently denied a housing grant to assist a disabled veteran build a garage. We belong to a group that handles these types of requests. Our volunteers can go to the house and confirm the request and then work with people to get the job done and supply funding. We have also found many times people were trying to scam the system. If you live in Boston or are with a local Boston VSO maybe this is a relevant project to take on.
Read about this vet and his need for a garage: http://www.bostonherald.com/news/regional/view.bg?articleid=1296658
Experienced and practical Michigan attorneys solving the problems of business owners, their families, and veterans... one case at a time.
Tuesday, November 30, 2010
Monday, November 29, 2010
Phoenix 's National Tinnitus Clinic
by Jim Fausone
Tinnitus, commonly known as ringing in the ears, is a major health issue for soldiers returning from combat in Afghanistan and Iraq. It is also a major and common disability for those from Vietnam combat. The condition was the most-claimed service-connected disability for veterans receiving compensation in fiscal year 2009-10, according to the Veterans Affairs Health Care System.
The audiology clinic at the Phoenix veterans hospital has added staff and extended hours. The hospital will launch a national tinnitus program called Progressive Tinnitus Management to help veterans with the disorder. Audiologists and mental-health professionals will work together to help veterans manage their reaction to tinnitus. The VA has been developing the program for five years using research literature, textbooks and clinical experience. We can only hope that the results are sufficient to roll out the program nationally.
Read more at: http://www.suntimes.com/news/nation/2906270,CST-WS-ears19.article
Tinnitus, commonly known as ringing in the ears, is a major health issue for soldiers returning from combat in Afghanistan and Iraq. It is also a major and common disability for those from Vietnam combat. The condition was the most-claimed service-connected disability for veterans receiving compensation in fiscal year 2009-10, according to the Veterans Affairs Health Care System.
The audiology clinic at the Phoenix veterans hospital has added staff and extended hours. The hospital will launch a national tinnitus program called Progressive Tinnitus Management to help veterans with the disorder. Audiologists and mental-health professionals will work together to help veterans manage their reaction to tinnitus. The VA has been developing the program for five years using research literature, textbooks and clinical experience. We can only hope that the results are sufficient to roll out the program nationally.
Read more at: http://www.suntimes.com/news/nation/2906270,CST-WS-ears19.article
Wednesday, November 24, 2010
Mel Gibson’s Custody Trial
by Wendy Alton
Judge Gordon in Los Angeles is once again the trial judge for a celebrity couple. He has previously decided issues of custody for Britney Spears and Kevin Federline, and is currently the trial judge in the divorce of Frank & Jamie McCourt and in that case will determine who will own the Dodgers.
Now, Judge Gordon will determine custody, parenting time and child support for the daughter of Mel Gibson and Oksana Grigorieva. Specifically, Judge Gordon will have to decide who has custody, how much child support should be paid, how frequently each will see their daughter, and under what conditions—meaning whether or not it should be supervised.
In Michigan, the trial judges also make custody, parenting time and child support decisions. However, the ultimate decision doesn’t go to the judge unless the parents cannot agree on those decisions. In divorce or custody cases, the parents have many options for resolving these issues, including mediation before the case, mediation during the case, and mediation with Friend of the Court.
If the issues cannot be resolved prior to trial, then the Judge must make those decisions, always focusing on what is in the best interests of the child. This means that the Judge must hear testimony and review evidence involving 12 factors that can be found here: Best Interests of the Child Defined.
Ultimately it is better if the parents can agree on issues of custody and parenting time since the parents will have to co-parent for years to come, and must make decisions together about their children. If, however, an agreement is impossible, the judge will make that decision—but it will be based upon what is best for the child, not what the parents want.
You can read more about the Mel Gibson custody issue as reported by the New York Times: In Family Court, a Reckoning for Gibson’s Career
If you are interested in learning more about custody, parenting time, child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Judge Gordon in Los Angeles is once again the trial judge for a celebrity couple. He has previously decided issues of custody for Britney Spears and Kevin Federline, and is currently the trial judge in the divorce of Frank & Jamie McCourt and in that case will determine who will own the Dodgers.
Now, Judge Gordon will determine custody, parenting time and child support for the daughter of Mel Gibson and Oksana Grigorieva. Specifically, Judge Gordon will have to decide who has custody, how much child support should be paid, how frequently each will see their daughter, and under what conditions—meaning whether or not it should be supervised.
In Michigan, the trial judges also make custody, parenting time and child support decisions. However, the ultimate decision doesn’t go to the judge unless the parents cannot agree on those decisions. In divorce or custody cases, the parents have many options for resolving these issues, including mediation before the case, mediation during the case, and mediation with Friend of the Court.
If the issues cannot be resolved prior to trial, then the Judge must make those decisions, always focusing on what is in the best interests of the child. This means that the Judge must hear testimony and review evidence involving 12 factors that can be found here: Best Interests of the Child Defined.
Ultimately it is better if the parents can agree on issues of custody and parenting time since the parents will have to co-parent for years to come, and must make decisions together about their children. If, however, an agreement is impossible, the judge will make that decision—but it will be based upon what is best for the child, not what the parents want.
You can read more about the Mel Gibson custody issue as reported by the New York Times: In Family Court, a Reckoning for Gibson’s Career
If you are interested in learning more about custody, parenting time, child support, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Tuesday, November 23, 2010
Detroit Celebrates Adoption Day
by Melissa Cox
Tuesday, November 23, 2010 will be a day of celebration in the courtroom of Hon. Mary Beth Kelly, Judge of the Third Circuit Court and Justice-Elect of the Michigan Supreme Court. She will preside at an Adoption Day commemoration which is open to the public.
Although adoption finalization hearings are generally private, the participating families and courts will open these hearings to the public, allowing others to witness the final stage of the adoption process. Also in attendance will be Michigan State University Associate Professor John Seita, Michigan Supreme Court Justice Robert Young, Jr., and Department of Human Services Director Ismael Ahmed.
If you would like to know more about adopting in Michigan, please contact Melissa Cox at mcox@fb-firm.com.
You can read more about this event at:
http://www.examiner.com/legal-news-in-detroit/adoption-day-celebrated-detroit
Tuesday, November 23, 2010 will be a day of celebration in the courtroom of Hon. Mary Beth Kelly, Judge of the Third Circuit Court and Justice-Elect of the Michigan Supreme Court. She will preside at an Adoption Day commemoration which is open to the public.
Although adoption finalization hearings are generally private, the participating families and courts will open these hearings to the public, allowing others to witness the final stage of the adoption process. Also in attendance will be Michigan State University Associate Professor John Seita, Michigan Supreme Court Justice Robert Young, Jr., and Department of Human Services Director Ismael Ahmed.
If you would like to know more about adopting in Michigan, please contact Melissa Cox at mcox@fb-firm.com.
You can read more about this event at:
http://www.examiner.com/legal-news-in-detroit/adoption-day-celebrated-detroit
Monday, November 22, 2010
Veteran Service Organizations & Facebook
by Jim Fausone
VSOs play an important role in the reintegration of troops into society and the delivery of veteran benefits information. The reduction in members is of concern to the survival of VSOs. These groups have to make themselves more relevant to today's veterans. The groups are adopting the use of social media.
The American Legion has about 20,000 Facebook members. IAVA has 169,000 supporters on Facebook. VFW has 64,000 Facebook followers. Connecting by use of social media is just one step in remaining relevant. Others are discussed in the attached article.
http://www.armytimes.com/news/2010/11/army-vets-turn-to-social-media-111910w/
VSOs play an important role in the reintegration of troops into society and the delivery of veteran benefits information. The reduction in members is of concern to the survival of VSOs. These groups have to make themselves more relevant to today's veterans. The groups are adopting the use of social media.
The American Legion has about 20,000 Facebook members. IAVA has 169,000 supporters on Facebook. VFW has 64,000 Facebook followers. Connecting by use of social media is just one step in remaining relevant. Others are discussed in the attached article.
http://www.armytimes.com/news/2010/11/army-vets-turn-to-social-media-111910w/
Thursday, November 18, 2010
The Wedding’s Off—Now Who Keeps the Engagement Ring?
by Wendy Alton
You are engaged to be married, and have either bought or received a beautiful (expensive) engagement ring. Unfortunately, something happens to destroy the pre-wedded bliss and the wedding is called off for good. If the marriage never happens, who gets the engagement ring?
The courts in Michigan have answered unequivocally: the person who gave the ring in anticipation of the marriage.
The definitive case on this issue is Meyer v Mitnick, 244 Mich App 697 (2001). In that case, Dr. Barry Meyer purchased a custom-designed engagement ring for his fiancé Robyn Mitnick at the cost of $19,500. Prior to the marriage, Dr. Meyer asked Ms. Mitnick to sign a prenuptial agreement, and Ms. Mitnick refused. The marriage was called off.
Ms. Mitnick refused to return the engagement ring, so Dr. Meyer sued her for its return. Dr. Meyer argued that the engagement ring was a conditional gift, given in anticipation of marriage, and since the marriage wasn’t going to happen, the gift should be returned. Ms. Mitnick argued that Dr. Meyer broke the engagement, and thus was at fault for the marriage not occurring, and that based upon fault, she should be allowed to keep the ring.
The trial court, Oakland County Circuit Court, ruled that the ring should be returned to Dr. Meyer because it is a conditional gift, and that issues of fault do not determine who keeps the ring. Ms. Mitnick appealed that decision to the Michigan Court of Appeals.
The Michigan Court of Appeals affirmed the trial court’s decision. They concluded the following:
“In sum, we hold that an engagement ring given in contemplation of marriage is an impliedly conditional gift that is a completed gift only upon marriage. If the engagement is called off, for whatever reasons, the gift is not capable of becoming a completed gift and must be returned to the donor.”
Long story short, if the marriage doesn’t happen, the ring is given back to the person that gave it in anticipation of the marriage.
Keep in mind, however, that two people can always come to a written agreement otherwise. If there is a written agreement that the person receiving the engagement ring can keep it regardless of what happens, that agreement would usually govern.
Also keep in mind that once the couple is married, the condition is fulfilled, and the engagement ring, once a conditional gift, is now an outright gift and belongs solely to the person receiving it.
If you are interested in learning more about prenuptial agreements, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
You are engaged to be married, and have either bought or received a beautiful (expensive) engagement ring. Unfortunately, something happens to destroy the pre-wedded bliss and the wedding is called off for good. If the marriage never happens, who gets the engagement ring?
The courts in Michigan have answered unequivocally: the person who gave the ring in anticipation of the marriage.
The definitive case on this issue is Meyer v Mitnick, 244 Mich App 697 (2001). In that case, Dr. Barry Meyer purchased a custom-designed engagement ring for his fiancé Robyn Mitnick at the cost of $19,500. Prior to the marriage, Dr. Meyer asked Ms. Mitnick to sign a prenuptial agreement, and Ms. Mitnick refused. The marriage was called off.
Ms. Mitnick refused to return the engagement ring, so Dr. Meyer sued her for its return. Dr. Meyer argued that the engagement ring was a conditional gift, given in anticipation of marriage, and since the marriage wasn’t going to happen, the gift should be returned. Ms. Mitnick argued that Dr. Meyer broke the engagement, and thus was at fault for the marriage not occurring, and that based upon fault, she should be allowed to keep the ring.
The trial court, Oakland County Circuit Court, ruled that the ring should be returned to Dr. Meyer because it is a conditional gift, and that issues of fault do not determine who keeps the ring. Ms. Mitnick appealed that decision to the Michigan Court of Appeals.
The Michigan Court of Appeals affirmed the trial court’s decision. They concluded the following:
“In sum, we hold that an engagement ring given in contemplation of marriage is an impliedly conditional gift that is a completed gift only upon marriage. If the engagement is called off, for whatever reasons, the gift is not capable of becoming a completed gift and must be returned to the donor.”
Long story short, if the marriage doesn’t happen, the ring is given back to the person that gave it in anticipation of the marriage.
Keep in mind, however, that two people can always come to a written agreement otherwise. If there is a written agreement that the person receiving the engagement ring can keep it regardless of what happens, that agreement would usually govern.
Also keep in mind that once the couple is married, the condition is fulfilled, and the engagement ring, once a conditional gift, is now an outright gift and belongs solely to the person receiving it.
If you are interested in learning more about prenuptial agreements, divorce or family law, please call Wendy Alton at 248-380-9976 or email her at walton@fb-firm.com.
Wednesday, November 17, 2010
New Agent Orange Regulations and Nehmer’s Implications on Pending Claims
by Kristina Derro
Many individuals have previously filed claims for disabilities that have recently been added as presumptive diseases for Agent Orange exposure. As a result of Nehmer, these individuals can have their previous claims reinstated and adjudicated. The VA is doing just that—hundreds of thousands of previously denied cases have been reopened and are in the process of being adjudicated.
Word from VA is that the U.S. Court of Appeals for Veterans Claims has instructed it to process these claims first, prior to adjudicating other claims. Therefore, we have been receiving word from local Regional Offices that the normal “slow” process at VA has been slowed even further because the VA has been focusing on these Nehmer claims and not working on the other claims.
Word of advice: prepare for a long wait at VA!
Many individuals have previously filed claims for disabilities that have recently been added as presumptive diseases for Agent Orange exposure. As a result of Nehmer, these individuals can have their previous claims reinstated and adjudicated. The VA is doing just that—hundreds of thousands of previously denied cases have been reopened and are in the process of being adjudicated.
Word from VA is that the U.S. Court of Appeals for Veterans Claims has instructed it to process these claims first, prior to adjudicating other claims. Therefore, we have been receiving word from local Regional Offices that the normal “slow” process at VA has been slowed even further because the VA has been focusing on these Nehmer claims and not working on the other claims.
Word of advice: prepare for a long wait at VA!
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