Employer Provided Mental Health and Substance Abuse Insurance Coverage

The law which went into effect in late 2009 called the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008, provides that employees receive the same level of mental health benefits as they do for medical and surgical care.  It bans a plan from using deductibles for the treatment of mental health disorders or substance abuse that are different than the deductibles for medical and surgical care.  There can no longer be limits on mental health treatment if there are no limits on medical and surgical care.  The law does not apply to companies with fewer than 50 workers.  The law does not require plans to provide mental health and substance abuse coverage, and it doesn’t bar employers from dropping coverage all together.

Employer Provided Mental Health and Substance Abuse Insurance Coverage

My husband wants shared placement of the children. What does shared placement mean?

Pursuant to DCF 150.02(25m), shared placement means a parent who has a court ordered period of placement of at least 25% and is ordered by the court to assume the child’s basic support costs in proportion to the time that the parent has placement.

My husband wants shared placement of the children. What does shared placement mean?

My spouse and I are in the process of divorce and I am about to receive an inheritance. What part of that belong to my spouse?

Property received as part of an inheritance are the individual property of the party receiving it as long as it is not commingled with the joint property of the party.

My spouse and I are in the process of divorce and I am about to receive an inheritance. What part of that belong to my spouse?

My spouse and I have joint custody our child and I have primary placement. Can I move with her out of state?

The law in Wisconsin provides that you cannot move more than 150 miles from your residence or out of state without providing written notice to the other parent. You must give sixty (60) days advance notice about the move. In addition, you must explain why you desire to move and where you will live. The other party then has fifteen (15) days to object to the move. If the parties do not agree about the move the issue may proceed to court.

My spouse and I have joint custody our child and I have primary placement. Can I move with her out of state?

My spouse just received a 2nd OWI conviction within 5 years. What happens to my vehicle?

Any driver with 2 OWI offenses in any 5 year period is now subject to the following:- Subject to immobilization or ignition interlock requirements on all vehicles for which their name appears on the title or registration.

- Not eligible for an occupational license for one year.

As a result, the vehicle you drive will be subject to immobilization or ignition interlock requirements if both names appear on the title.

My spouse just received a 2nd OWI conviction within 5 years. What happens to my vehicle?

National Support Organizations

Step Family Foundation: www.stepfamily.orgABA Center on Children and the Law: www.abanet.org

National Center for Youth and Law: www.youthlaw.org

Kayama: www.kayama.org

Childfind of America: www.childfindofamerica.org

Lambda Legal Defense and Education Fund: www.lambdalegal.org

Gay & Lesbian Advocates & Defenders: www.glad.org

Lesbian Mothers’ National Defense Fund: 206-325-2643

National Center for Lesbian Rights: www.nclrights.org

National Support Organizations

Parental Alienation Syndrome (PAS)

According to national statistics, about 10% of divorces involve custody/placement litigation.  Children too often become estranged from one parent during the process.  One explanation of a child’s estrangement from one parent blames the situation on the other parent as an alienator who is responsible for turning a vulnerable child against the other parent.  Parental alienation is sometimes difficult to prove because a child’s alienation from one parent or the other is generally caused by a variety of factors–not just one.  The divorce process itself may have an impact, school change, residence change, etc., also play a role.  Any parental alienation theory needs strong factual support and the reliable testimony of an expert trained in child psychology or related areas.

Parental Alienation Syndrome (PAS)

Paternity

Paternity means the establishment of a legal father for a child born to unmarried parents.  Generally, we assume it is in the best interest of the child to have paternity established, as this creates a legal relationship between a child and the father.  Paternity establishment gives the child inheritance rights and access to future benefits through the father.

Paternity

Our Family Wizard

Our Family Wizard offers online communication tools for unmarried parents.  Their website is ourfamilywizard.comThis website can be very beneficial to unmarried parents, and often reduces the amount of conflict between parties.  On Our Family Wizard, parents can maintain and coordinate schedules, share information of health insurance and doctors, and communicate effectively about their children.

There is also a very helpful tutorial on the website to teach you the basics.

Our Family Wizard

Personal Injury Websites and Resource Links of Importance

http://www.abanet.org/publiced/practical/personalinjury.html

http://www.cpsc.gov/

http://www.nsc.org/Pages/Home.aspx

http://topics.law.cornell.edu/wex/tort

http://topics.law.cornell.edu/wex/products_liability

http://www.iii.org/media/hottopics/insurance/dogbite/

Personal Injury Websites and Resource Links of Importance

Reducing Health Insurance Costs Versus Discrimination Based on Genetics

Efforts by employers to reduce health care costs by requiring employees to enter into wellness programs are in opposition to a federal law designed to prevent genetic discrimination.  The Genetic Information Nondiscrimination Act which took effect last year restricts employer’s and health insurance carrier’s abilities to collect and disclose genetics information.  The Act includes not only genetic test results, but also family medical history.  It bars employers from offering workers incentives to complete health surveys that ask about family history.  The law bars insurers and employers from using such information for coverage and employment determinations such as hiring, firing and promotion.  Wellness programs also include smoking, weight loss and disease prevention programs.

Reducing Health Insurance Costs Versus Discrimination Based on Genetics

Second Amendment to the United States Constitution

The Second Amendment, ratified with the Bill of Rights in 1791, guarantees the right to keep and bear arms as necessary for securing freedom through a well-regulated militia

Second Amendment to the United States Constitution

Short Sales of Homes in a Divorce

Many parties going through a divorce also must face the impact of foreclosure or a short sale.  Short sales of homes can now be done faster under new Treasury Department rules.  If a person’s principal residence is worth less than the mortgage, he or she may be eligible for a short sale after becoming delinquent on payments or if default is likely.  The loan must have been made before January 1, 2009, for less than $729,750 and the person’s monthly mortgage payment must be more than 31% of his or her gross income.  Mortgage companies are not compelled to follow these rules until April 5, 2010.

Short Sales of Homes in a Divorce

Toyota Announces Solution to Gas Pedal Problems

“Toyota said a piece of steel about the size of a postage stamp will fix the gas pedal problem that led to the recall. Repairs will take about a half-hour and will start in a matter of days, the company said.Toyota said the solution had been through rigorous testing and would solve the problem for the life of the vehicle.

The repair involves installing a steel shim a couple of millimeters thick in the pedal assembly, behind the top of the gas pedal, to eliminate the excess friction between two pieces of the accelerator mechanism. In rare cases, Toyota says, that friction can cause the pedal to become stuck in the depressed position.

Toyota said owners would be notified by mail and told to set up appointments with their dealers. It said cars already on the road would get priority over those on the lot.

The recall covered 4.2 million cars worldwide and 2.3 million in the United States, including some of Toyota’s best-selling models, such as the Camry and Corolla. It has recalled millions more because of floor mats that can catch the gas pedal.”

Excerpt from Milwaukee Journal Sentinel Online

Toyota Announces Solution to Gas Pedal Problems

Track Your Income Tax Refund

On the left hand side of www.irs.gov “check on your refund” will track your refund 72 hours after your filed return is accepted.

Track Your Income Tax Refund

Two important web sites you should have at your finger tips.

Facts at your finger tips, including business news,, calculators, conversion charts, geneology material, health information, maps, etc:  www.RefDesk.com.Federal forms:  www.Forms.gov.

Two important web sites you should have at your finger tips.

Washington County Family Law Assistance Program

Every Tuesday from 12:00 p.m. to 1:00 p.m., in rRom 1104 of the Justice Center,  Family law attorneys help with forms, written instructions, and checklists. The volunteer attorneys can also provide procedural guidance and assistance in completing the forms and following the written instructions. There is no cost for the service. No appointment is necessary. Walk-ins are welcome, and will be assisted on a first-come first-served basis. 

Washington County Family Law Assistance Program

Washington/Ozaukee County - Avey Case

There is a newly released statement that provides Charles A. Avey’s account of what happened in the final hours of Cody Reetz’s life.  To read more, please click on the link below.http://www.jsonline.com/news/ozwash/85293717.html

Washington/Ozaukee County - Avey Case

Waukesha Family Court Self-Help

The Waukesha County Family Court Self-Help Center is located in Room C-108 of the Waukesha County Courthouse, 515 W. Moreland Blvd, Waukesha, Wisconsin. The Self-Help Center cannot provide legal advice, but does offer access to a computer and materials for legal research.  The Self-Help Center staff will direct parties to the available court forms and review them for completeness, along with offering generic procedural options and assistance.Previously, a person could simply walk-in to the Self-Help Center.  Now, however, walk-in services are no longer available.  An appointment must be scheduled.  That can be done by calling (262) 548-7524.

Waukesha Family Court Self-Help

Annulment

Annulments are granted in very limited circumstances.  A judicial proceeding is required to annul a marriage, and a marriage cannot be annulled after the death of a party to the marriage.A Court may annul a marriage when (1) a party lacked capacity to consent to the marriage, at the time of the marriage, (2) a party lacks the physical capacity to consummate the marriage by sexual intercourse, and at the time of the marriage the other party did not know of the incapacity, (3) a party was 16 or 17 years of age and did not have the consent of his or her parent or guardian, or (4) the marriage is prohibited by the laws of this state.

Annulment

Can I fire the Guardian ad Litem

Because the Court appoints the Guardian ad Litem, the Court must remove him or her.  You must present your concerns with the Guardian ad Litem to the Court.  Courts are very reluctant to replace guardians unless there has been misconduct.

Can I fire the Guardian ad Litem

COBRA coverage

COBRA coverage usually refers to continued health insurance benefits taken by a former employee.  We have likely heard this term lately, as many people struggle with obtaining health insurance after losing their jobs.  Under the Consolidated Omnibus Budget Reconciliation Act of 1986 or “COBRA” businesses with 20 or more employees are required to offer temporary extended health care plans to employees and their families when coverage under the plan would otherwise end.COBRA coverage doesn’t only apply to termination of employment, however, as we often must address this issue in the context of a divorces, where one spouse traditionally provided the health insurance for the family, and a newly divorced spouse must obtain health insurance for him/herself.

COBRA coverage

Consumer"s Guide for Injured Victims of Car Accidents

1. Do not talk to anyone…except your doctor or attorney.

2. If you are injured, seek medical treatment promptly.

3. Conduct a complete investigation.

4. Get photographs of all important elements in your case.

5. Don’t have your car repaired until you have taken photos of your vehicle’s damage.

6. Don’t sign a release for your medical records to the other party’s insurance company.

7. Never plead guilty to any traffic offense before you consult with your attorney.

8. Keep the adjuster informed about the seriousness of your injuries.

9. Don’t let the adjuster pressure you into settling your case.

10. Know all your damages.

11. Keep all bills and receipts related to your accident.

12. Know all your injuries.

13. Know your sources for insurance coverage.

14. Continue under your doctor’s care until your doctor releases you.

15. Consider and be prepared to file a lawsuit if the settlement offer is not fair.

16. Ask a qualified, experienced personal injury trial lawyer to evaluate your case.

17. If you decide to hire a lawyer, choose one who isn’t afraid to go to court.

Consumer"s Guide for Injured Victims of Car Accidents

Credit Card Issuers Reducing Limits

Reducing good customers credit limits will probably not hurt your credit score.  People who continue to charge less than their total credit availability and pay their credit cards on time should not find their credit scores lowered.  Check your credit report on a regular basis.  You are entitled to one free credit report a year from Equifax, Experian and Transunion.

Credit Card Issuers Reducing Limits

Dane County

The Dane County Clerk of Courts is located at the Dane County Courthouse, Room 1000, 215 S. Hamilton St., Madison, WI 53703.  They can be reached at (608) 266-4311.The Clerk of Courts accepts phone calls from 9:00 a.m. until 1:00 p.m., Monday-Friday.

Dane County

Divorce-The House is in Just my Name, Does that Mean I Get It?

No, unless you inherited the house or received it as a gift, the house is subject to division.  You may be awarded the house, but you will have to “buy-out” your spouse’s interest in the

house.  The fact that the house is titled in just your name does not mean that your spouse has no marital interest in the property.Additionally, even if you inherited the house or received it as a gift, the property may have been transmuted from property not subject to division to property that is subject to division.  Please give us a call to discuss any of these issues.

Divorce-The House is in Just my Name, Does that Mean I Get It?

Enforcement of Physical Placement

A Petition to Enforce Physical Placement is filed by a parent who has been awarded periods of physical placement and is seeking enforcement of that order.  This parent is referred to as the Petitioner in this context, regardless of whether that parent was referred to as the Petitioner or Respondent in the original action.Enforcement of Physical Placement is necessary when one parent has had one or more periods of placement denied or substantially interfered with by the other parent.

Enforcement of Physical Placement

Filing fees

Clients are sometimes surprised that filing motions and other court documents requires a filing fee.  It’s important to double-check the amount of a the filing before submitting documents to your county’s Clerk of Courts.  The filing fee varies from county to county and action to action.

Filing fees

Friends of Abused Families

www.fafinc.orgThe goal of Friends of Abused Families in West Bend, Wisconsin, is to eliminate domestic violence and sexual assault by providing community leadership, expertise in crisis intervention and prevention education.

Friends of Abused Families