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.

At any age, children experience many complicated emotions when dealing with the challenges of divorce.  Parents sometimes struggle with determining how to give their children the right support.

Although this transitional time will involve some hardship, parents can help children avoid stress by striving to maintain a good working relationship with the other parent.  Additional ways to help children during this unsettling time include providing:

Reassurance

Assure your children that the divorce is not their fault.

Assure your children that both parents love them.

Tell your children that it is okay to feel sad because they miss their other parent.

Stability

Maintain the individual relationships you have with each of your children. Encourage the other parent to do the same.

Stick to a daily routine with your children.

Make changes in your children’s lives slowly, letting them discuss these changes with you.

Encouragement

Encourage your children to interact with friends and participate in other age appropriate activities.

Encourage your children to continue to pursue their interests.

Fairness

Do not ask your children, either directly or indirectly, which parent they love more.

Be fair in sharing your children’s time with their other parent.

Honesty

Acknowledge that your children may want you and your former spouse to reunite. Do not encourage or support this wish.

Talk with your children honestly about any changes that will affect them, before they occur.

Support

Support your children’s need to visit the other parent.

Support your children’s desire to love both of you. Tell them it’s okay.

Security

Avoid using your children a counselor or source of emotional support.  Seeing parents as needy and dependent may make children feel insecure.  Find an adult who can fulfill these needs for you.

Remind your children that you and your former spouse will still take care of them and that they will never be alone.

Trust

Show your children that you trust their ability to adapt to these changes.

Demonstrate to your children that they can trust in what you say, and that you will honor your promises.

Ask yourself…in this whole process…who gets to act like a child?  You?  Or your children?

~Patricia Campbell: Dayton Divorce Attorney.  Practicing exclusively in divorce, child support, child custody, family law, military divorce & marriage dissolution her service area includes Beavercreek, Fairborn, Kettering, Centerville, Dayton, Ohio and surrounding areas.

What and How to Tell Children

Parents often find that telling children about the separation or divorce a particularly difficult experience.  Some parents find their own emotions coming to the surface as they think about sharing the decision with their children.

Other parents feel unsure about what is appropriate to tell their children and how to tell them.  Children need information about the changes which will be occurring in their lives.

Plan How, When, and Where:

• Set aside time to meet as a family.
• Stay calm.
• Be as honest as possible.
• Explain that there is a reason for the divorce.

Decide What To Tell:

• Try to agree on an explanation.
• Avoid discussion the details of what went wrong in the marriage.
• Explain you will love them forever, but your feelings for each other have changed.
• Be fair.  Don’t express negative feelings about the other parent.
• Avoid giving children the message that one parent is good and the other is bad.

When we talk about a divorce being granted, often we say, “My divorce is final.”  But that doesn’t really describe what has happened.

On the day that your legal divorce is granted, it is your marriage that is final, or over. Your divorce is just beginning.

Divorce is a new relationship.  A relationship which the courts will require you to maintain in some form while you go about the business of continuing to care for your children until they reach a certain age.  If both parents intend to stay involved as the children grow up and establish families of their own, your divorce relationship can easily be a much longer relationship than your marriage.  There are three directions that your divorce relationship can go. It can be:

• The same as your marriage.
• Worse than your marriage.
• Better than your marriage.

A wise man once said, “If you fail to plan, you are planning to fail.” Most couples entering marriage do not have a plan for handling conflict or differences and the result is that the marriages in the United States fail 50% of the time.  One out of every two marriages ends in divorce.

So as we enter the divorce relationship, it can be useful to have a plan.  A plan that helps couples to negotiate the how, what, when and where of managing the practical details of everyday life with children being cared for between two homes.  A plan that provides communication tools that will minimize conflict.  A plan that will make life easier for everyone.

~Patricia Campbell: Dayton Divorce Attorney.  Practicing exclusively in divorce, child support, child custody, family law, military divorce & marriage dissolution her service area includes Beavercreek, Fairborn, Kettering, Centerville, Dayton, Ohio and surrounding areas.

The holidays always present numerous questions regarding parenting time. To help answer questions I have attached the Greene County Standard Order of Parenting Time, recently revised. DRC_PARENTING_TIME

~Patricia Campbell: Attorney practicing exclusively in divorce, child support, child custody, family law, military divorce & marriage dissolution. Includes Beavercreek, Fairborn, Kettering, Centerville, Dayton and surrounding areas.

Military Divorce Lawyers …

Last Friday the Alaska Supreme Court decided Burts v. Burts, holding that
the trial court may value military medical coverage [TRICARE] in an
equitable distribution proceeding.  This is a cutting-edge issue, important
for domestic cases involving a retiree who has medical care and a spouse who will not.

Alaska Burts Decision (PDF)

~Patricia Campbell: Attorney practicing exclusively in divorce, child support, child custody, family law, military divorce & marriage dissolution. Includes Beavercreek, Fairborn, Kettering, Centerville, Dayton and surrounding areas.

The Huffington Post ran a great article today that merits a full reprint:

Getting ready for trial in a divorce or child custody case can be a stressful time as litigants and litigators attempt to condense the details and documents of a relationship into the hours or days of a trial. If you’re represented by counsel, it is your attorney’s job to prepare you for trial and to deliver a concise and convincing presentation of your case to the court. That said, since judicial determinations are often based upon the behavior a party exhibited in the courtroom rather than the exhibits they offered into evidence, please consider the following helpful hints for your day in divorce or custody court:

1. Do not roll your eyes, mutter under your breath or otherwise gesticulate when your spouse is testifying. Although justice may be blind, most judges are not. To the contrary, they are usually astute observers of body language who rarely appreciate one party’s use of facial expressions to mock the other spouse’s testimony. If your spouse is misrepresenting facts to the court, pass a few brief written comments to your attorney and patiently await their brilliant cross examination.

2. Do not keep referring to your child as “my” son or “my” daughter. More often than not, a parent who consistently uses the singular possessive pronoun with regard to the children is a parent who is singularly possessive about who should raise them.

3. Make sure that you’ve disclosed relevant and potentially embarrassing personal facts to your attorney early on in the case. Many years ago when I was a public defender, I represented “Jordan” who was charged with driving under the influence of alcohol. At the first office appointment, Jordan provided me with a detailed description of his performance on the roadside sobriety test, but he neglected to mention that when he exited the vehicle he was wearing a “teddy” negligee and a pair of high heels. Although Jordan’s was a criminal case which was resolved without a trial, his story bears repeating for divorcing spouses whose personal habits are relevant to their case.

4. Don’t bring your entire extended family and ten of your closest friends to your divorce hearing. During a marriage, most spouses would think twice about sharing their income tax returns or the intimate details of their relationship with third parties. When a marriage is ending, some divorcing spouses abandon this rule of privacy and assume that inquiring minds want to know everything about the divorce. If you need a support system to get you through the trial, pick no more than two people to sit quietly in the bleachers of the courtroom.

5. Don’t wear your torn blue jeans, your muscle shirt or your mini skirt to divorce court. Strange but true, months of trial preparation can be undone in an instant by a client who is dressed to tease rather than to testify. A provocative outfit may be great for the weekend after your divorce but it’s a fashion disaster for your custody case. When you select your courtroom attire, pretend you’re heading for a job interview. In some respects, you are.

6. Do not be rendered speechless if you’re asked to describe the positive aspects of your spouse’s parenting. A child custody case can be won or lost with the single question, “Can you describe some of the positive aspects of your spouse’s parenting skills?” On occasion, this question is followed by a pregnant pause as the witness scrambles to identify one favorable aspect of the other party’s parenting. If you can’t say anything positive about your spouse to the court, you’re probably not saying anything positive about your spouse to the kids.

7. Don’t display open hostility toward your spouse’s attorney. Your spouse’s attorney is probably not on your Christmas list. If you’re openly hostile toward opposing counsel during your cross-examination, you’re probably scoring more points for the other team than for yours. Keeping your cool on the witness stand is a great way of saying that you have nothing to hide.

8. Don’t read or receive text messages during the hearing. If you want the Court to pay full attention to the testimony, make sure that you do the same.

9. In a child custody dispute, don’t keep talking about “your” needs and “your” desires. Custody cases are determined based upon “the best interests of the child”. At trial, it is a safe assumption that the court doesn’t particularly care about you or your spouse, but the court cares deeply about the child(ren) you have created together.

10. Don’t tell long winded stories with irrelevant details of your spousal disputes. In divorce court, most judges have full dockets, sore backs and a desire to make it to lunchtime without an emergency hearing. If you’re asking the court for a protection order, describe the alleged spousal abuse and avoid the temptation to explain the minute details of the domestic dispute which precipitated the abuse.

Hopefully, my top ten tips will improve your odds at trial although there are no guarantees of success in the world of litigation. Ignore them if you wish but you just might end up seeking out another top ten list entitled, “Top Ten Local Lawyers To File An Appeal.”

~Patricia Campbell: Attorney practicing exclusively in divorce, child support, child custody, family law, military divorce & marriage dissolution. Includes Beavercreek, Fairborn, Kettering, Centerville, Dayton and surrounding areas.

A drunk driving charge can affect you in ways that you may not expect. Listed below are some of the more vexing issues associated with an Ohio DUI (OVI).

1. Child Custody – If you are involved in a child custody dispute, or have a vindictive spouse who would like to start one, a DUI/OVI conviction can be used against you in domestic relations court.  Automatic suspensions may make it difficult to exercise visitation with your children.  You may also find a court who will refuse to let you transport the children due to a DUI/OVI conviction, thereby increasing the cost or difficulty in seeing your kids.  MADD has advocated putting a provision in every divorce decree calling for immediate suspension of parental rights if the parent if found to be driving while intoxicated.  Visit www.OhioDivorceAttorney.com for issues involving child custody.

2. Adoption – Some investigating agencies will use a DUI/OVI conviction against a party seeking to adopt children.

3. Car Insurance – Some companies will drop you if you have a drunk driving conviction and others may deny claims.  Others raise rates dramatically and still other companies force you to buy “high risk” insurance.  You can expect higher costs and less coverage for your dollar.

4. Employment – Given the societal stigma of a DUI/OVI, many companies will terminate an employee who is charged or convicted of an OVI.  Particularly vulnerable employees include those who drive company cars, those who drive between states for their jobs, those who are covered by fleet insurance and those who have management jobs.  In this tough job market you want to check your employment handbook for any reporting obligations a DUI/OVI require.  You have to decide if the employer needs to know, or, if they will be placated by telling them that you are aggressively fighting your charge.

5. Professional Licenses – Are you a doctor, lawyer, nurse, daycare worker, cosmetologist, private security, barber or any other many other workers required by your state to hold a professional license?  Do you hold a security clearance?  Holders of a professional license may face a range of sanctions for a DUI/OVI conviction, including mandatory alcohol counseling, fines, probationary discipline, license review, denial of a license or revocation of an existing license.  Obviously, you should fight your DUI/OVI charge with vigor to avoid these devastating results.

6. Civil Lawsuits – If you are involved in a drunk driving accident you become a target for victims of personal or property damage.  Many times the societal approbation against drunk driving will motivate someone to seek revenge to assure that you are punished for your negligent and reckless behavior.

7. Pilot’s License – Those holding an FAA Airman’s Certificate are subject to reporting and disclosure requirements.  A DUI is a “motor vehicle action” pursuant to section 61.15 of the FAA Aviation Regulations.

8. Military Induction – The ramifications of a DUI/OVI may prevent or delay induction into the military.  Recruiters are loathe to interfere with an order of any court.

9. Educational (College) Problems – Many colleges, depending on the facts of the case and whether or not the DUI was on school property, will haul you before a disciplinary committee when you are convicted (in some cases charged) with a DUI/OVI offense.  These sanctions are further complicated if you are applying to a college or university.

10. Travel - Canada’s Immigration and Refugee Protection Act may prevent entry into Canada following an OVI conviction. [see previous articles on this topic]  You may also face travel restrictions if you engage in travel to sensitive places.

11. Immigration Issues – DUI/OVI is not a crime of violence but may still carry immigration issues.  Make sure your attorney can get advise from a competent immigration attorney.

12. Commercial Drivers – See the numerous articles I have written on the plight of professional drivers who face the loss of their careers even when driving a non-commercial vehicle on their own time.

13. Enhancement – A DUI/OVI in Ohio is never expungeable and will follow you for 6 years for enhancement purposes.  This means that if you are convicted of a second OVI within 6 years you will face harsh enhanced penalties.  A DUI/OVI will also require you to submit to a chemical test (no-refusals) for 20 years following a conviction.

~Patricia Campbell: Attorney practicing exclusively in divorce, child support, child custody, family law, military divorce & marriage dissolution. Includes Beavercreek, Fairborn, Kettering, Centerville, Dayton and surrounding areas.