Patricia Campbell, Divorce & Family Law Attorney 937.879.9542

Q: Are there any special rules for medical retirees?
A: Yes. Retirees who received disability (Chapter 61) retirements from their parent service will be exempt from the proposed increases. But those who received service-based retirements from the military and then were awarded disability ratings by the VA would be subject to the new fee hikes.
Q: Do the changes apply to TRICARE Reserve Select (TRS) and TRICARE Retired Reserve (TRR)?
A: TRS and TRR premiums, deductibles and copays would not be affected. Premiums for those plans already are based on actual program costs and the new proposals wouldn’t change that. Beneficiaries in TRS or TRR are subject to the new pharmacy copayments.
Q: Will the proposed enrollment fee and deductible increases apply to active duty family members who use TRICARE Standard?
A: No. Pentagon officials say the Standard changes will only apply to retired beneficiaries, survivors, and their families. However, active duty family members will be subject to the new pharmacy copayments for any medications obtained outside military pharmacies. The proposed TRICARE Standard fee will only apply to retired beneficiaries under 65 and their families.
Q: Your alert said that survivors of servicemembers who died on active duty would be exempt from the proposed fee increases, but what about survivors of other members? How would they be treated under TRICARE Prime and TRICARE For Life, for which the Pentagon proposes to base fees on military retired pay?
A: Pentagon leaders told us that survivors of servicemembers who died after leaving active duty would be subject to the new fee increases. We have asked how they would be treated under the income-tiering plans (e.g., whether they would be placed in the lowest income tier, or whether Survivor Benefit Plan annuities would be counted like retired pay), but have not yet received a final answer.
Q: Does the proposal envision any change to the $3,000 annual catastrophic cap on out-of-pocket expenses?
A: The proposal would increase the $3,000 cap each year by an index of health care inflation (previously estimated by DoD at about 6.5% per year). Enrollment fees would not count toward the catastrophic cap.
Q: How would retirees who are dividing retired pay with a former spouse be treated under the retired-pay-based fee tiers? Would they only count the portion of retired pay the retiree actually receives?
A: We have asked that question, but haven’t yet received an answer. MOAA opposes the whole concept of basing health care fees on retired pay or any other means-testing method. See this month’s As I See It column<http://echo4.bluehornet.com/ct/14876248:17821906893:m:1:233182234:FA3060B87D7082D4AF175D3C4D9614DF:r>.
Q: How can we stop these proposed fees?
A: Act now by sending your legislators a MOAA-suggested message<http://echo4.bluehornet.com/ct/14876249:17821906893:m:1:233182234:FA3060B87D7082D4AF175D3C4D9614DF:r> asking them to oppose disproportionate TRICARE fee increases, and then ask your friends to do the same. We’ll need the grassroots advocacy of all MOAA-members if we’re going to successfully challenge these drastic proposals.
Q: What is MOAA doing to oppose these unfair fee hikes?
A: MOAA is mobilizing its membership and has already generated nearly 75,000 messages to Capitol Hill so far this week. MOAA leaders also have started rounds of visits to Hill leaders to highlight our opposition. This coming spring, MOAA and The Military Coalition have opportunities to present our views to the House and Armed Services Committees that have purview over TRICARE. In April, we’ll bring our state Council and Chapter leaders to Washington to “Storm the Hill” on this issue

From the Columbus Dispatch:

Same-sex couples can’t get married in Ohio but they can get divorced.

Maybe.

A divorce case filed recently in Franklin County Domestic Relations Court exemplifies the dilemma faced by same-sex couples who marry in other states but decide to split up in Ohio.

The case was accepted by the clerk of courts and assigned to a judge but has not been finalized.

Jonathan E. Baize, 31, and Stephen J. Wissman, 31, of Columbus, married in New York on Sept. 1. Now, they want to divorce agreeably.

But that’s easier said than done in a state where gay marriage has been prohibited since Ohio voters passed a constitutional amendment in 2004 that defined marriage as solely between a man and a woman.

Would granting a divorce to a gay couple, by default, mean the marriage was officially recognized?

“I am aware of the fact that Ohio law does not recognize same-sex marriages that are performed and recognized in other states,” Baize and Wissman said in separate, duplicate affidavits. “I am not asking the court to recognize me as legally married.

“It is essential that I obtain a judicial determination that I am no longer married … so that I can go on with my life,” they said.

Each said if his divorce from the other is not granted, he will be in an “untenable legal situation. I will be considered married in several states … but not in Ohio.” That could affect retirement benefits, ability to buy and sell property, adoption rights, and opportunity to remarry, they said.

Although the couple were married in New York, getting a divorce or dissolution there, and in most other states, requires residency.

Ned Kirby, compliance officer for Franklin County Clerk of Courts Maryellen O’Shaughnessy, said he is aware of two or three similar cases since 2004. What happened in those cases is unclear; at this point they are filed amid the thousands of heterosexual divorce actions in recent years.

“From a clerk’s standpoint, they file the complaint and, like any divorce, as long as all the required attachments are provided, basically, we file the paperwork. Then it’s up to the judge to decide.”

Ed Mullen, executive director of Equality Ohio, a lesbian, gay, bisexual and transgender advocacy group, said same-sex divorce is “going to become a bigger and bigger problem over time as more and more states recognize same-sex marriage.”

“Ultimately, there are going to be a lot more problems when there are property and custody issues.”

“I think it’s a really important public policy issue Ohio is going to have to address,” Mullen said.

“If you have people working, living and paying taxes in this state, but were married somewhere else, this is not treating your people fairly.”

Six states currently allow gay marriage: Connecticut, Iowa, Massachusetts, New Hampshire, New York and Vermont. The District of Columbia also allows same-sex marriage, and lawmakers in the state of Washington have approved legislation that is expected to be signed by the governor.

California allowed gay marriage between June 16, 2008, and Nov. 4, 2008, when a statewide proposition overturned the law. However, a federal appeals court recently ruled the Proposition 8 same-sex marriage ban was unconstitutional. The case is likely to end up the U.S. Supreme Court.

Columbus attorney Thomas J. Addesa, who represents Baize, said he could not talk specifically about the divorce case. However, he said Ohio’s gay-marriage ban is unconstitutional under the equal-protection clause of the U.S. Constitution.

“Our law (the gay-marriage ban) says nothing about divorce,” Addesa said. “In fact, our law says there is only one way to be legally divorced and that’s to get

a legal decree of divorce from a domestic-relations court.”

The architect of Ohio’s gay-marriage amendment, Phil Burress of Cincinnati-based Citizens for Community Values, said he thinks “there’s no way the courts are going to recognize a same-sex divorce unless it’s a judge trying to rewrite the law.”

“We’ve been involved in this since 1996. They (advocates) have been looking for a way to force same-sex marriage on people and they’re looking for the courts to do it.”

Burress said he isn’t dismayed that seven states have approved gay marriage. “There’s 31 states that have said ‘no,’  ” he said.

                There are no magic formulas for successful co-parenting. Divorce ends a marriage, but it doesn’t end a family.  Melinda Blau, author of Families Apart, Ten Keys to Successful Co-parentin gives some guidelines for co-parenting after divorce.  Her “keys” have been identified as principles of sound parenting and can help make the road a little smoother. These keys can also help divorced parents work together for the same of their children.

Rebuild your own life.  Your children need you even though you may be struggling with your own life.  Heal yourself so that you don’t lean on your kids

Act maturely.  You are the parent even if you don’t feel like parenting right now.  You and your former partner need to work for the best interests of your children.

Your mutual concern is your children.  Even though you are ending the marriage, get along as parents so that you are both there for the children.

Listen to your children.  Their views of the divorce may be different from yours.  Children may not tell their parents how they feel and many parents are too quick to assume that silence means everything is fine.

Respect each other as parents.  The parenting relationship needs to be separate from the marital relationship. Treat your former partner the way you would like to be treated and don’t expect perfection.

Divide parenting time.  Children need to feel that they have two parents. Give them the support they need to continue a relationship with each.

Give your former partner the benefit of the doubt.  When it comes to behavior, give your former partner the benefit of the doubt, as you would a stranger.  Avoid assuming something based on past experiences.  There may be current reasons for your former partner’s behavior, thoughts, feelings, and/or decision.

Accept each other’s differences.  This isn’t easy, because people frequently divorce over the differences which they must now learn to accept.  Remember that you can’t change someone else, but you can change yourself and how your react.

Don’t expect approval from your former partner.  You will need to have your personal and emotional needs fulfilled elsewhere.

Communicate with your spouse directly.  Avoid going through the children. Don’t put children in the middle of hearing your complaints or ask them to deliver messages to the other parent.

Say something positive if you are able.  Expressing appreciation can lead to a more successful  co-parenting experience.

Get out of your traditional gender roles.  Both parents need to learn how to do things the other parent might have taken care of before the divorce – play or learn about sports your children like, take your child shopping, cook, fix a broken toilet, etc.

Discuss only matters related to the children, unless your former partner agrees to talk about other issues.  Respect each other’s privacy and avoid asking about details in his/her life.