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By Jody L Johnson of JLJ Family Law
Health Insurance for Divorced Women
Most women going through divorce are covered as a dependent on their husband’s health insurance; therefore, it is important to be aware of your options for coverage post-divorce.
1. COBRA
COBRA (The Consolidated Omnibus Budget Reconciliation Act) is a federal mandated law that was designed to protect employees and their families from losing coverage as a result of divorce, death, job loss or other specified circumstances. If your spouse’s coverage is through a company that employs at least 20 people, then you are eligible for coverage for up to 36 months post divorce. Unless you and your spouse agree otherwise, you will be responsible for payment of the premiums which can unfortunately be significant. As a result, many view COBRA coverage as a stop-gap option until better coverage is available. Under COBRA, you do not continue as a dependent on the policy. Instead, you are offered individual coverage similar to what you had as a dependent. It is fraudulent to remain as a dependent post-divorce. It is possible to negotiate for your spouse to pay some or all of the cost of COBRA coverage either as part of the financial settlement or as a form of alimony.
2. Current Employer
If you obtain employment and your employer offers an affordable health plan, then it is recommended that you look into enrolling in the plan. Unfortunately, many divorced women who seek employment after divorce, find that employers either don’t offer insurance benefits or don’t offer enough hours to qualify to enroll in the health insurance program.
3. Individual Health Plans
An individual policy may be your best or only option in some situations. It is important to weigh the cost of the policy against the benefits and perceived need of coverage. There are policies that are less costly for healthy individuals that basically insure against catastrophic health concerns. Essentially you would self-insure for everything else. Try to negotiate for the cost of coverage to be factored into the settlement, especially if your cost will be much greater than your spouses cost.
What is the impact of the new Health Care Reform legislation?
The full impact is yet to be seen. However, one important cornerstone of the new legislation that will significantly benefit divorcing women is the ability to obtain health insurance regardless of pre-existing conditions. It is not uncommon for women of divorce to have one or more pre-existing conditions. Those conditions can either prevent them entirely from obtaining insurance, or preventing them from obtaining insurance for the condition they most need it for. The new legislation is designed to eliminate this impediment. For more information about how the new legislation may affect you, please refer to http://bit.ly/az5LM7
For additional answers to questions about health insurance and divorce, please refer to http://bit.ly/bu36aW
For more information on family law solutions, visit www.jljfamilylaw.com
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By Jody L Johnson
As Seen in Divorce Magazine
How would you like to resolve your family-law dispute in a manner focused on the needs of the clients and not on pointing the finger and tearing down each other? How would you like to take control over the outcome of your case, rather than surrender control to lawyers, judges, or strangers on a jury? If this sounds appealing to you, then consider resolving your case collaboratively.
Collaborative law came to Texas in 1999, and it is increasingly becoming the process of choice for clients with family-law disputes. Collaborative law is client-centered. The entire focus is on the goals and needs of the client. The process is designed to provide the clients with a forum in which to find a best possible outcome for all parties and their children. A traditional litigation model is not client-centered. It is driven by the attorney and judge, as well as the rules of procedure and evidence. The primary focus is on getting ready for trial (even through 95% of cases settle), and ending the lawsuit, but not on the quality of the end product.
The process also provides a safe and confidential forum for the resolution of disputes, whereas the litigation model is public and the parties are subjected to cross examination, depositions, and court-imposed rulings. Parties who agree to handle their dispute collaboratively agree that they will not go to court to resolve disputes. They also agree to schedule four-way settlement conferences that involve the collaborative lawyers and each party. The meetings are private and organized — agendas are mutually prepared to list topics to be discussed and resolved. The rules of evidence do not apply; therefore, the parties are free to discuss whatever is important to them, regardless of whether a judge would consider it. Likewise, the parties have the ability to create tailor-made settlements for their particular family. Many times, the parties reach agreements that a court would never consider or have the authority to impose. And most importantly, nothing happens that the client does not agree to.
A frequent concern raised by clients is that their spouse may not be forth coming in providing information. Parties who contract to handle their case collaboratively also commit to full disclosure of information. Your collaborative lawyer is still there to make sure that all important information is disclosed. Additionally, many clients have a misconception that a litigation model will insure that they receive full disclosure. In fact, a litigation model is an ideal process for parties who want to play “hide the ball”, because there are many ways to abuse the court rules or use loopholes to avoid disclosure.
In order to effectively work, collaborative law requires each party and attorney to agree that if the parties cannot settle their dispute collaboratively, then the collaborative attorneys must withdraw and the parties must hire litigation counsel. This may sound scary to clients at first; however, this is what makes this innovative process work. Everyone has a stake in continuing to “think outside the box” in order to problem-solve, rather than run to the courthouse. Otherwise, the collaborative lawyers are out of a job. Your collaborative lawyer is still present to assist you in gathering and assessing information, analyzing your options, and negotiating a solution. Additionally, experts are still used as necessary (e.g., psychologists, financial advisors, and appraisers). Collaborative lawyers have additional training in communication and negotiation skills to assist you, and they are committed to problem solving for their clients.
The skills that parties learn throughout the collaborative process allow them to end their divorce or other family law dispute in a dignified manner, and assist parents in working together beyond the end of their lawsuit.
For more information, visit www.divorcemag.com.
For more information on collaborative divorce and family law solutions, visit www.jljfamilylaw.com
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By Jody L. Johnson
Contemplating divorce is scary, and lack of information further drives fear. There is so much information on the internet about divorce that it is virtually impossible for a lay person to separate fact from fiction. The best course of action is to talk to more than one competent attorney. I recommend getting personal referrals and then checking out those individuals by reviewing their website, checking out whether they have any complaint history with their State Bar, as well as looking at other peer review ratings that might be available for attorneys in your area. Just as you wouldn’t generally select a doctor randomly, you should be just as cautious in selecting an attorney. Consider talking to friends, your minister, CPA’s, or attorneys you may know who do not practice in the area of family law. Martindale-Hubbell Peer Review Ratings attest to a lawyer’s legal ability and professional ethics, and reflect the confidential opinions of members of the Bar and Judiciary. The ratings cannot be purchased by attorneys.
You should expect to pay some kind of consultation fee to see an attorney. Again, think about if you were going to see a doctor to get advice on what is wrong and how to treat the problem. You expect to pay for their expert advice, and seeing an attorney is no different. Although there are good attorneys out there who don’t charge for consultations, most do, because good attorneys are busy and can afford to charge for their consultation time.
Before the consultation, write out a list of questions that you have so you don’t forget to get your important concerns addressed. A good attorney will be patient in responding to your questions. You will want to ask about the attorney’s level of experience: do they have experience with the particular issues in your case, and how often do they go to court in the area where you reside. You will also want to make sure that you understand the steps involved in your divorce, and ask the attorney how you can best protect yourself during the process. Again, the attorney should gladly respond to all of these questions. If it feels as if the attorney is putting you off (“we’ll get to all of that later”), I would say that is a red flag that the attorney is more concerned about signing you up as a client then serving your interests.
Look for an attorney who asks you lots of questions about what is important to you (e.g. quality time with your children, keeping your business, etc.). You want an attorney who is listening to your concerns rather than one who does all the talking and tells you what they will do. Be wary of attorneys who make promises about the outcome of your case. No competent attorney can tell you that in a consultation; they don’t have nearly enough information. Also be wary of attorneys who act as if they will come out with “guns blazing” for you. Although that may feel good to know that someone will be your protector, more often than not, an extremely aggressive approach is counter-productive to your interests. It will likely increase the level of hostility with your spouse and decrease your ability to reach a favorable settlement. At the same time, it will increase the attorney’s fees dramatically, which benefits the attorney but not you. That being said, you need to know that your attorney knows how to prepare a case for trial if necessary and then actually try the case. Find out how much experience they have at the courthouse.
As far as steps you can take before you see an attorney, the best thing you can do is to gather and organize information. Absent a true emergency, do not make any major decisions in advance of consulting with an attorney. Don’t move money, withdraw money from financial accounts, cut off your spouse’s ability to use credit cards, etc. without getting some professional advice.
It will help you and your divorce attorney if you are able to organize your financial information. Make a budget that lists all current monthly expenses of the family, including any unusual expenses that are coming up (replace roof; college tuition payment, etc.). Also make a list of all of the assets (house, bank accounts, retirement, life insurance, cars, etc. – not a list of your furniture and furnishings) and debts. Include accounts numbers if you have those. Make copies of the last 3 years of tax returns, most recent pay stubs for you and/or your spouse, and the most recent statements for your financial and retirement accounts. Don’t worry if you don’t have access to this information. Lots of people don’t and your attorney can help you obtain it. However, if you do have it, it helps you stay ahead of the curve.
Depending on the issues in your case, it may also be helpful to copy cell phone records, emails, credit card statements and Face book pages if there is concern about an affair.
For more information on Kip Allison and family law solutions, visit www.aj-familylaw.com
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By: Jody L. Johnson of Allison | Johnson
There are lots of lawyers who will tell their clients that it is not possible to have a collaborative divorce with an active alcoholic or drug user spouse. Although it does present special challenges, it also presents an opportunity to protect children and reach settlements that would not be possible in traditional litigation. There are those limited cases where a person is so deep into their addiction that they cannot participate effectively in the collaborative process. However, those same people cannot effectively participate in litigation either and likely need to be in a treatment program in order to proceed in any process.
In Texas, the Courts are mandated by law to order a parenting time schedule that has the minimum restrictions required to protect children. As a result, in most cases an addict parent will have parenting time with their children, and it may not be supervised (or be supervised for a limited period). Almost always, the other parent is extremely upset with the outcome at the courthouse. Additionally, the parents become more polarized because the addict parent is angry as a result of being embarrassed at the courthouse by having his/her addiction “on display”. The addict parent typically sinks deeper into denial, all to the potential detriment of the safety of the children. They also become angry at the other spouse and take an attitude that “I won’t give them a penny more than the court orders”. In the collaborative process we are much more able to monitor the addiction and keep a lid on the situation. By discussing the addiction in a completely private and confidential setting, and without pointing fingers or assessing blame, we are more likely to get cooperation from the addict parent. Rather than focus on the addict parent, we focus on the addiction as a family problem and look at options for everyone to deal with it. Once they realize that we are not going to focus on them as the bad guy, they tend to be more open to exploring ways to keep the children safe and many even agree to seek treatment. When the addict parent feels like he/she has had some measure of control over the situation, then they are more invested and more likely to be compliant with the agreements they make. I have seen addict parents acknowledge that they are not ready to go into treatment and come up with parenting plans that are very protective of their children but allow them to have some form of relationship. I have also seen addict parents admit to relapse at some point in the process because they feel safe in doing that. In the litigation model, they hide their addiction because they know it will likely be used against them harshly.
By avoiding the blame game, clients are also more likely to obtain more favorable settlements than they might in court. When backed into a corner, most of us dig in our heels and become focused on not giving the other person what they want. In collaborative, clients are often open to favorable trades in exchange for their spouse showing them some respect and not using their addiction as a weapon.
For more information on Kip Allison and family law solutions, visit www.aj-familylaw.com
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What is collaborative law?”
Author: Jody L. Johnson
How would you like to resolve your family-law dispute in a manner focused on the needs of the clients and not on pointing the finger and tearing down each other? How would you like to take control over the outcome of your case, rather than surrender control to lawyers, judges, or strangers on a jury? If this sounds appealing to you, then consider resolving your case collaboratively.
Collaborative law came to Texas in 1999, and it is increasingly becoming the process of choice for clients with family-law disputes. Collaborative law is client-centered. The entire focus is on the goals and needs of the client. The process is designed to provide the clients with a forum in which to find a best possible outcome for all parties and their children. A traditional litigation model is not client-centered. It is driven by the attorney and judge, as well as the rules of procedure and evidence. The primary focus is on getting ready for trial (even through 95% of cases settle), and ending the lawsuit, but not on the quality of the end product.
The process also provides a safe and confidential forum for the resolution of disputes, whereas the litigation model is public and the parties are subjected to cross examination, depositions, and court-imposed rulings. Parties who agree to handle their dispute collaboratively agree that they will not go to court to resolve disputes. They also agree to schedule four-way settlement conferences that involve the collaborative lawyers and each party. The meetings are private and organized — agendas are mutually prepared to list topics to be discussed and resolved. The rules of evidence do not apply; therefore, the parties are free to discuss whatever is important to them, regardless of whether a judge would consider it. Likewise, the parties have the ability to create tailor-made settlements for their particular family. Many times, the parties reach agreements that a court would never consider or have the authority to impose. And most importantly, nothing happens that the client does not agree to.
A frequent concern raised by clients is that their spouse may not be forth coming in providing information. Parties who contract to handle their case collaboratively also commit to full disclosure of information. Your collaborative lawyer is still there to make sure that all important information is disclosed. Additionally, many clients have a misconception that a litigation model will insure that they receive full disclosure. In fact, a litigation model is an ideal process for parties who want to play “hide the ball”, because there are many ways to abuse the court rules or use loopholes to avoid disclosure.
In order to effectively work, collaborative law requires each party and attorney to agree that if the parties cannot settle their dispute collaboratively, then the collaborative attorneys must withdraw and the parties must hire litigation counsel. This may sound scary to clients at first; however, this is what makes this innovative process work. Everyone has a stake in continuing to “think outside the box” in order to problem-solve, rather than run to the courthouse. Otherwise, the collaborative lawyers are out of a job. Your collaborative lawyer is still present to assist you in gathering and assessing information, analyzing your options, and negotiating a solution. Additionally, experts are still used as necessary (e.g., psychologists, financial advisors, and appraisers). Collaborative lawyers have additional training in communication and negotiation skills to assist you, and they are committed to problem solving for their clients.
The skills that parties learn throughout the collaborative process allow them to end their divorce or other family law dispute in a dignified manner, and assist parents in working together beyond the end of their lawsuit.
As seen in Divorce Magazine
For more information on family law solutions, visit www.aj-familylaw.com