ABA American Bar Association GP|Solo Elder Law Committee Newsletter • Summer 2009
Chairs:
Kenneth Vercammen (Edison, NJ)
Jay Foonberg (Beverly Hills, CA)
In this issue:
1. Wrapping Up the Personal Injury Settlement
2. When Do I Need a Self-Settled Special Needs Trust?
3. Elder Law, Estate Planning & Probate Seminar- New Ideas to Expand & Excel Your Practice
4. Voting- House of Delegates ABA
5. Pooled Trusts – Statutory Requirements
1. Wrapping Up the Personal Injury Settlement + Future Medical Insurance Issues
By Thomas D. Begley, Jr., Esquire
Once a personal injury settlement has been achieved or a judgment obtained, the plaintiff begins a new life. There are many considerations that should be addressed prior to or at the time of settlement. These include the following:
Medical Insurance
Does the client have the best medical insurance available? The fact that a client receives Medicare, for example, does not mean that coverage is adequate. According to government studies, Medicare pays only about 50% of a Medicare beneficiary’s actual medical bills. In cases involving a catastrophically injured plaintiff requiring considerable home health assistance, that percentage is sharply lower.
Medicare Supplements, Medicare Advantage Programs, Medicaid, private insurance from high risk pools, COBRA coverage, and continuing Worker’s Comp coverage should all be considered.
Medicaid Waiver Programs
Most medical insurance including Medicare and private insurance are designed to pay for acute care. They do not provide coverage for chronic care. There are many Medicaid Waiver Programs that are designed for chronic care including significant home and community-based services that may be required by personal injury victims.
Non-Medical Public Benefits
In many cases, injured plaintiffs are entitled to SSI, SSDI, Section 8 Housing, Group Homes and other public benefits, but have not considered them or applied for them.
Estate Taxes
Where there is a significant recovery, federal and state estate and inheritance taxes should be considered. Currently the exemption from federal estate tax is $3.5 million. It is likely that before the end of calendar year 2009 Congress will revisit the federal estate tax. Many states, such as New Jersey, have state estate taxes. Currently the exemption from New Jersey estate tax is $675,000, and that exemption is not likely to increase. Other states, such as Pennsylvania, do not have a state estate tax, but do have significant inheritance taxes. In Pennsylvania these taxes can be as high as 15%.
In many cases, even with severely injured persons, life insurance is available to pay all or part of the tax. The availability of this insurance should be explored and discussed with the client.
Estate Planning Documents
Many injured parties have no Will, Living Trust, Living Will, Power of Attorney or other estate planning documents. Some of those plaintiffs do have documents but are outdated, perhaps even because of the personal injury settlement. These documents should be reviewed and modified or replaced, if needed.
Estate Planning Documents – Parents
If the plaintiff is a minor child who is likely to be receiving public benefits, it is important that the parents’ estate planning documents not leave any assets to the child with disabilities, but rather to a third party special needs trust.
Structured Settlement
It is often advantageous to purchase a structured settlement for a portion of the settlement or award. A structured settlement offers a number of advantages to the injured party including creditor protection, tax benefits and often makes it more difficult for the injured party to squander the settlement.
There are also disadvantages to structured settlements. If a structured settlement is to be used, an analysis should be made as to how much should be structured and how much should be retained as a lump sum to pay for immediate cash needs, repayment of debt, emergency funds, and cash for investment in the appropriate equity portion of the injured party’s portfolio. COLAs and commutation riders should be considered.
Investment Advice
The client should be introduced to an investment advisor to assist in investing the settlement proceeds. In some instances, the investment manager can be a professional trustee, if a trust is appropriate.
Special Needs Trust
An analysis should be made as to whether a special needs trust is required. In many instances, such a trust is not necessary. If a special needs trust is required, will it need to be established by a court order? It is important to understand that, except in the case of a pooled trust, a special needs trust cannot be established by the disabled person. The long-term success of a special needs trust often depends on the skill and experience of the trustee. Care should be taken in the selection of an appropriate trustee.
Support Trust
Is a support trust appropriate for a minor or incapacitated beneficiary? The support trust usually results in better money management of the settlement. In the case of a minor, the support trust can be designed to retain the award past age 18. Absent a support trust, a minor can usually access the settlement funds at age 18 when most individuals do not have sufficient maturity to handle significant financial assets.
Medicare Set-Aside Arrangement
An analysis should be made as to whether or not a Medicare Set-Aside Arrangement (MSA) is required. If an MSA is required, a further analysis needs to be made as to whether the MSA can be self-administered, a custodial arrangement, a special needs trust or a pooled trust. Arrangements must be made for an MSA calculation and submission of the calculation to CMS for approval.
Mediation
An elder and disability lawyer is often useful as a participant in mediation. The lawyer is familiar with public benefits, which often are useful in bridging the gap between the plaintiff’s demand and the defendant’s offer.
Qualified Settlement Fund
In many cases, a Qualified Settlement Fund (QSF) is useful. The defendant can “pay and go.” The plaintiff has time to sort out issues such as allocation between the parties, resolution of Medicare, Medicaid, ERISA and other liens, purchase of structured settlements, and other issues that may take time. The defendant gets an immediate tax deduction upon funding the QSF.
Lien Reduction
An elder and disability lawyer can be of assistance in reducing Medicaid and Medicare liens.
Copyright 2009 by Begley & Bookbinder, P.C., an Elder & Disability Law Firm with offices in Moorestown, Stone Harbor and Lawrenceville, New Jersey and Oxford Valley, Pennsylvania and can be contacted at 800-533-7227. The firm services southern and central New Jersey and eastern Pennsylvania.
Tom Begley Jr. is one of the speakers with Kenneth Vercammen at the NJ State Bar Association's Annual Nuts & Bolts of Elder Law & Estate Administration and co-author with Kenneth Vercammen, Martin Spigner and Kathleen Sheridan of the 500 plus page book on Elder Law.
Begley & Bookbinder, provides services in connection with protecting assets from nursing home costs, Medicaid applications, Estate Planning and Estate Administration, Special Needs Planning and Guardianships. If you have a legal problem in one of these areas of law, contact Begley & Bookbinder at 800-533-7227.
2. When Do I Need a Self-Settled Special Needs Trust?
By Thomas D. Begley, Jr., Esquire
In the settlement of litigation, the plaintiff is often receiving public benefits. The question then arises as to whether a special needs trust is required. There are certain types of public benefits that are means-tested. Others are not. Generally, means-tested public benefits require that the individual have assets of less than $2,000 and have certain limits on income. The following types of public benefits are means-tested and a special needs trust is generally required:
SSI
Medicaid
TBI – A Medicaid Waiver Program for persons suffering from traumatic brain injury
CRPD – A Medicaid Waiver Program providing home care
Section 8 Housing
Veterans Pension
Certain DDD Benefits
Psychiatric Institutionalization
Means-Tested Public Benefits
If the plaintiff is receiving any means-tested benefits or is likely to apply for them, then a self-settled special needs trust should be considered. Assets in the trust are not counted for public benefit eligibility purposes. Distributions from the trust can be made in such a way as not to count for income eligibility for public benefit purposes.
Age
To be eligible for a special needs trust, the plaintiff must be under age 65. If the plaintiff is over age 65, there are Medicaid planning strategies that can be employed, but a self-settled special needs trust will not be a viable option.
Disabled
To be eligible for a self-settled special needs trust, the person must be “disabled.” To be considered disabled, the person must generally have a disability determination by the Social Security Administration (SSA). It is possible, however, to receive a disability determination from a Medicaid physician. If a person has not yet received a disability determination from SSA, the trust can be established pending the disability determination. Good practice is to obtain an opinion letter from a law firm that specializes in Social Security Disability appeals.
Assets of Individual
No assets other than the assets of the disabled plaintiff may be placed in the trust.
Copyright 2009 by Begley & Bookbinder, P.C
3. Elder Law, Estate Planning & Probate- New Ideas to Expand & Excel your Practice
Sat. August 1, 2009 2:00pm – 3:30pm
ABA Annual Meeting Chicago
Speakers: Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Deborah Cole, Chicago Contributing Author, Your Life, Your Legacy: The Fundamentals of Effective Estate Planning, Publisher's ExpressPress
Elder Law program Primary Sponsors: General Practice Section
Co-sponsors: ABA Commission on Law & Aging, Health Law Section,
YLD, Senior Lawyers Division, Real Probate & Trust Section, Tax Law Section
Topics:
Forms you can use
Email newsletters
"Representing seniors- Doing well by doing good.-Do you know how?
Marketing with written fee agreements
-Ethics and marketing without violating the Rules of Professional Conduct
Elder Law may be the biggest practice area of your career. There are 50,000 baby boomers/ day turning 60 and soon to be on Social Security and will need legal advise. Elder Law is one of the biggest growth fields.
[Contact Kenneth Vercammen, Esq. for program information 732-572-0500]
Contact American Bar Association's CDS/Travel Planners at 800-915-9801 for ABA meeting registration
4. Voting – House of Delegates ABA
The Election will be held at the ABA Annual Meeting in Chicago. All ABA lawyer members who have registered at the Annual Meeting are entitled to vote for Delegates- at-Large. Voting will be at ABA Registration July 30- August 3: (voting across from registration area)
Hyatt Regency Chicago
Riverside Center, Purple Level, East Tower
8am-6pm Thursday, Friday and Saturday
8am-5pm Sunday, Monday, Tuesday
Six Delegates–at–Large are elected at each Annual Meeting to serve a three-year term in the House of Delegates. Any member of the Association is eligible to be a Delegates–at–Large, although of the six elected each year; no two may be accredited to the same state, territory or possession. Nominations for Delegates at Large are made by written petition. At this Annual Meeting, there will also be two Delegates–at–Large elected to fill vacancies. All ABA lawyer members who have registered at the Annual Meeting are entitled to vote for Delegates–at–Large.
Voting will take place in the registration area of the Hyatt Regency. The polls will be open during the same hours as registration, except on the last day the polls will close at 10:00 a.m.
Contact American Bar Association's CDS/Travel Planners at 800-915-9801 for ABA meeting registration.
5. Pooled Trusts – Statutory Requirements
By Thomas D. Begley, Jr., Esquire
A self-settled pooled trust is defined as a trust containing the assets of an individual who is disabled that meets the six conditions discussed in the following sections.
Non-Profit Association
The trust is established and managed by a non-profit association. A non-profit organization is an organization defined in § 501c of the Internal Revenue Code (IRC) and also has tax-exempt status under § 501(a).
Separate Account
Separate accounts must be maintained for each beneficiary of the trust. For purposes of investment and management of funds, the trust may pool the funds in the individual accounts. The trust must be able to provide an individual accounting for the individual. Each individual sub account gets its own EIN number. Each self-settled sub account is taxed to the beneficiary as a grantor trust.
Solely for the Benefit Of
The trust account must be maintained for the sole benefit of the individual with disabilities. The trust account must be established for the sole benefit of the disabled individual. If the account provides a benefit to any other individual, this exception to the trust transfer rules does not apply.
Established By
The trust may be established by a parent, grandparent, or legal guardian of such individual, or by such individual, or by a court. The fact that the individual may establish the trust himself is different from a self-settled special needs trust under (d)(4)(A). If a third party establishes a trust account on behalf of the individual, the third party must have legal authority to act with regard to the assets of the individual. This requirement refers to the individual who physically took action to establish the trust, even though the trust was established with assets of the SSI claimant/recipient. Since the pooled trust has already been established, this provision applies to the sub account within the pooled trust.
A Pooled Trust can also be established by a Representative Payee. The POMS permit the transfer of disability benefits to establish a trust or to fund an existing trust. However, there is an exception for past due benefits, which meet dedicated account requirements. These past due benefits must be held in a savings account or checking account, or a money market account established in a financial institution. Representative Payee may pay a beneficiary’s disability payments to the trust, provided that:
Establishing the trust is in the beneficiary’s best interest.
The trust is established exclusively for the use and benefit of the beneficiary, to meet the beneficiary’s current and reasonably foreseeable needs. Trust expenditures for food, clothing, housing, medical care, recreation, and education are considered expenditures for the use and benefit of the beneficiary and in his or her best interest. A trust with provisions prohibiting trust funds to be used specifically to meet the beneficiary’s current needs for food, clothing, housing, and medical care would not be in compliance.
The trust is for the sole benefit of the disabled person during his or her lifetime.
A provision in a trust directing disability payments to the trust is prohibited as a violation of the assignment of benefits provisions of the Social Security Act.
Payback
To qualify for the pooled trust exception, the trust must contain specific language that provides that, to the extent that amounts remaining in the individual’s account upon death of the individual are not retained by the trust, the trust pays to the state from such remaining amounts in the account an amount equal to the total amount of medical assistance paid on behalf of the individual under the state Medicaid plan. There is no payback required by a third-party pooled trust.
To the extent that the self-settled trust does not retain funds in the account, the state must be listed as a first payee and have priority over payment of other debts and administrative expenses, except as listed below.
The following are allowable administrative expenses:
Death taxes due to federal and state governments
Reasonable fees for the administration of the trust estate
The following expenses are prohibited:
Payments of debts owed to third parties
Funeral expenses
Payment to residual beneficiaries
The restriction on payments from the trust applies upon the death of the beneficiary. Payment of fees and administrative expenses during the life of the beneficiary are allowable as permitted by the trust document and are not affected by the state Medicaid reimbursement requirement.
Copyright – Tom Begley Jr.
We Publish Your Forms & Articles
To help your practice, we feature in this newsletter edition a few forms and articles PLUS tips on marketing and improving service to clients. But your Editor and Chairs can't do it all. Please mail articles, suggestions or ideas you wish to share with others in our Committee. Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
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We are increasing the frequency of our newsletter. Send us your short tips on your great or new successful marketing techniques. You can become a published ABA author. Enjoy your many ABA benefits.
Send Us Your Articles & Ideas
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and Chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
General Practice, Solo and Small Firm Division:
Elder Law Committee and the ESTATE PLANNING, PROBATE & TRUST COMMITTEE
Who We Are
The Elder Law Committee of the ABA General Practice Division is directed towards general practitioners and more experienced elder law attorneys. The committee consistently sponsors programs at the Annual Meeting, the focus of which is shifting to advanced topics for the more experienced elder lawyer.
This committee also focuses on improving estate planning skills, substantive law knowledge and office procedures for the attorney who practices estate planning, probate and trust law. This committee also serves as a network resource in educating attorneys regarding Elder Law situations.
To help your practice, we feature in this newsletter edition a few articles and tips on marketing and improving service to clients. But your Editor and chairs can't do it all. Please send articles, suggestions or ideas you wish to share with others.
Let us know if you are finding any useful information or anything you can share with the other members. You will receive written credit as the source and thus you can advise your clients and friends you were published in an ABA publication. We will try to meet you needs.
We also seek articles on Elder Law, Probate, Wills, Medicaid and Marketing. Please send your marketing ideas and articles to us. You can become a published ABA author.
Jay Foonberg, Co-Chair, Author of Best Sellers "How to Start and Build a Law Practice" and "How To Get and Keep Good Clients", Beverly Hills, CA JayFoonberg@aol.com
We will also provide tips on how to promote your law office, your practice and Personal Marketing Skills in general. It does not deal with government funded "legal services" for indigent, welfare cases.
Kenneth Vercammen, Esq. Chair
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax) 732-572-0030
Kenv@njlaws.com
Central Jersey Elder Law Law www.centraljerseyelderlaw.com
NJ Elder Blog http://elder-law.blogspot.com/
Saturday, August 8, 2009
Elder Law, Estate Planning & Probate articles
The ABA General Practice Division held its popular program Elder Law, Estate Planning & Probate- New ideas to expand & excel your practice at the ABA Annual Meeting in Chicago on August 1, 2009.
Speakers: Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Deborah Cole, Chicago, Il
Articles and forms were provided on CD. Below is a list of articles provided. If you want a few of the forms, send an email to kenvnjlaws@verizon.net and indicate which articles/ forms you want and the number of the article or form [max 5]
List of Kenneth Vercammen, Esq. Forms, Documents and Articles on CD
Elder Law, Estate Planning & Probate- New ideas to expand & excel your practice
Sat. August 1, 2009 2:00pm -3:30pm
Hyatt Regency Hotel, Chicago ABA Annual Meeting
1 New Client schedule appointment
2 Confidential Will Questionnaire
3 Will bill
4 WILL DRAFT CO
5. Doctor Cert sign POA, will Dr
6 Thank you for Referral
7 POA DRAFT lt
8 Will Signing Instruction
9 Referral Out Another Atty fax
10 No rep
11 Recommend Will to Client
12 Post WILL
13 Client questionnaire end case.
14 POA Grantor Now
15 Wills article
16 POA Power of Attorney- article
17 LIVING WILLS
18 Gay and Lesbians- Advance Directives
19 Letter of Instruction
20 Remove Executor
21 Alzheimer, POA Guardianship
22 ANSWERS to Questions Probate
23 Estate Planning 10 Ideas
24 Executor Duties
25 Prenuptial Ag
26 Undue Influence article
27 Attorney- Client Confidentiality
28 Pick up Docs
29 Executor to Pay and Notify Creditor
30 NJlaws website & articles
31 Trusts
32 Caveat to Will
33 Central Jersey Elder articles
34 ABA Estate Plan Winter 2008
35 Estate Plan ABA Nov 2007
36 ABA ELDER News Aug 2007 GP
37ABA ELDER LAW COMMITTEE Newsletter July 2007 ABA General Practice
38 Estate Probate ABA news May. 2007
39 Elder Law ABA news February, 2007
40 INTESTACY
41 If no Will
42 Probate Release Refund Bond
43 Lincoln 17- no charge
44 Guardianship bill
45 RETAINER Probate ESTATE
46 WILL - sign front notary
47Confidentiality Lt to Client
48 Elective Share of Spouse
49 Joint Bank Accounts Upon Death
50 ABA ELDER News Spring2008
51 ABA Elder Law Newsletter • April 2008
52 ABA GP Solo ELDER LAW COMMITTEE Newsletter July , 2008
53 ABA ELDER News Fall 2008
54 ABA ELDER News Winter 2009
55 ABA ELDER News Spring 2009
___ We need your email address for newsletter
Speakers: Jay Foonberg, Esq. - Author of Best Sellers "How to
Start and Build a Law Practice" and "How to get and keep good clients', Beverly Hills, CA
Kenneth A. Vercammen, Esq. - co-author "Nuts & Bolts of Elder Law", Edison, NJ
Deborah Cole, Chicago, Il
Articles and forms were provided on CD. Below is a list of articles provided. If you want a few of the forms, send an email to kenvnjlaws@verizon.net and indicate which articles/ forms you want and the number of the article or form [max 5]
List of Kenneth Vercammen, Esq. Forms, Documents and Articles on CD
Elder Law, Estate Planning & Probate- New ideas to expand & excel your practice
Sat. August 1, 2009 2:00pm -3:30pm
Hyatt Regency Hotel, Chicago ABA Annual Meeting
1 New Client schedule appointment
2 Confidential Will Questionnaire
3 Will bill
4 WILL DRAFT CO
5. Doctor Cert sign POA, will Dr
6 Thank you for Referral
7 POA DRAFT lt
8 Will Signing Instruction
9 Referral Out Another Atty fax
10 No rep
11 Recommend Will to Client
12 Post WILL
13 Client questionnaire end case.
14 POA Grantor Now
15 Wills article
16 POA Power of Attorney- article
17 LIVING WILLS
18 Gay and Lesbians- Advance Directives
19 Letter of Instruction
20 Remove Executor
21 Alzheimer, POA Guardianship
22 ANSWERS to Questions Probate
23 Estate Planning 10 Ideas
24 Executor Duties
25 Prenuptial Ag
26 Undue Influence article
27 Attorney- Client Confidentiality
28 Pick up Docs
29 Executor to Pay and Notify Creditor
30 NJlaws website & articles
31 Trusts
32 Caveat to Will
33 Central Jersey Elder articles
34 ABA Estate Plan Winter 2008
35 Estate Plan ABA Nov 2007
36 ABA ELDER News Aug 2007 GP
37ABA ELDER LAW COMMITTEE Newsletter July 2007 ABA General Practice
38 Estate Probate ABA news May. 2007
39 Elder Law ABA news February, 2007
40 INTESTACY
41 If no Will
42 Probate Release Refund Bond
43 Lincoln 17- no charge
44 Guardianship bill
45 RETAINER Probate ESTATE
46 WILL - sign front notary
47Confidentiality Lt to Client
48 Elective Share of Spouse
49 Joint Bank Accounts Upon Death
50 ABA ELDER News Spring2008
51 ABA Elder Law Newsletter • April 2008
52 ABA GP Solo ELDER LAW COMMITTEE Newsletter July , 2008
53 ABA ELDER News Fall 2008
54 ABA ELDER News Winter 2009
55 ABA ELDER News Spring 2009
___ We need your email address for newsletter
Tuesday, June 30, 2009
Sunday, June 14, 2009
ELDER LAW & ESTATE ADMINISTRATION BOOK AND AUDIO FOR SALE
ELDER LAW & ESTATE ADMINISTRATION BOOK AND AUDIO FOR SALE
Book elder law & estate administration including:
• Why Have a Will? Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?
• Powers of Attorney Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
• Basic Tax Considerations Jointly-held property; “I love you” Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
• Estate Administration - New Probate Law in New Jersey Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
• Medicaid Planning in Light of Federal Medicaid Reform Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules …and more
This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced estate planners and professionals who help senior citizens. You’ll also gain insight on how Federal Medicaid Reform will impact seniors.
Speakers:
THOMAS D. BEGLEY, JR., ESQ.,
KENNETH A. VERCAMMEN, ESQ.
Chair, ABA Estate Planning & Probate Law Committee
2006 NJSBA Municipal Court Practitioner of the Year
KATHLEEN A. SHERIDAN, ESQ.
MARTIN A. SPIGNER, ESQ.
Handbook 45.00 [$36 NJSBA Member Price] pages ] Item M57809
Handbook with Audio CD $189 [$149 NJSBA Member Price Item CDP57809
*NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order
Contact: New Jersey Institute for Continuing Legal Education (732)214-8500
Book elder law & estate administration including:
• Why Have a Will? Gathering information; standard provisions; designation of fiduciaries; protective clauses; sample forms; Ethics - who is the client?
• Powers of Attorney Types of POAs; what should be included; why clients need them; POAs and Living Wills; sample forms
• Living Trusts (Revocable/Irrevocable) as an Estate Planning Tool Why it should be used; disadvantages; revocable vs. irrevocable; Insurance Trusts; sample forms
• Basic Tax Considerations Jointly-held property; “I love you” Will; no Will at all; insurance owned by client; unlimited marital deduction; estate planning in the testamentary document; sample forms/letters
• Estate Administration - New Probate Law in New Jersey Probate process; duties of executor/fiduciary; gathering of assets; tax returns; tax waivers; access to property; sample forms/checklists
• Medicaid Planning in Light of Federal Medicaid Reform Countable assets of Medicaid applicant; income cap/Medical needy standard; look-back period; transfers of property; personal residence; Medicaid estate recovery rules …and more
This practical program is designed to provide the nuts and bolts of elder law practice & estate administration practice to general practitioners and young lawyers, as well as to more experienced estate planners and professionals who help senior citizens. You’ll also gain insight on how Federal Medicaid Reform will impact seniors.
Speakers:
THOMAS D. BEGLEY, JR., ESQ.,
KENNETH A. VERCAMMEN, ESQ.
Chair, ABA Estate Planning & Probate Law Committee
2006 NJSBA Municipal Court Practitioner of the Year
KATHLEEN A. SHERIDAN, ESQ.
MARTIN A. SPIGNER, ESQ.
Handbook 45.00 [$36 NJSBA Member Price] pages ] Item M57809
Handbook with Audio CD $189 [$149 NJSBA Member Price Item CDP57809
*NJSBA Member Price – To qualify for this reduced price, you must provide your NJSBA Member# at the time you place your order
Contact: New Jersey Institute for Continuing Legal Education (732)214-8500
Sunday, May 10, 2009
Latest Cases and Court Rules in Municipal Court
Latest Cases and Court Rules in Municipal Court program
Thursday, May 14 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ
The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs.
The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee:
Register online now!
Municipal Court Practice Track:
(includes full day convention access to all other tracks, vendors, and food buffets
Breakfast Buffet at Exhibition Hall
Municipal Court Practice Section Municipal COURT TRACK
8:00 am - The Latest Cases and Court Rules in Municipal Court
Thursday, May 14 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ
10:00 am - DWI in the Age of Chun, 1.5 credits
Speaker: Jeffrey Evan Gold, Esq.
Luncheon Buffet at Exhibition Hall
1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits
Speaker: Arnold N. Fishman, Esq.
3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits
Panelists: Hon. Joan Robinson Gross, P.J.M.C.
Hon. Robert F. Schaul, JMC
Hon. E. Ronald Wright, JMC
Paris P. Eliades, Esq. Courter Kobert & Cohen, PC
Jeffrey E. Gold, Esq.
Deborah Veach, Esq. Municipal Prosecutor, Township of Teaneck
Other important programs:
-Equity Jurisprudence Committee Litigation TRACK (CHANCERY)
Thursday, May 14 1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators.
Moderator: Alexandra V. Gallo, Esq., McElroy Deutsch, Mulvaney & Carpenter, LLP
Speakers: Hon. Harriet Derman, P.J.Ch.
Hon. Glenn Berman, J.S.C.
Hon. Harriet Farber Klein, J.S.C.
Frederick W. Alworth, Esq. Gibbons, PC
Thomas P. Scrivo, Esq. McElroy, Deutsch, Mulvaney & Carpenter, LLP
Kevin M .Wolfe, Esq. Chief Civil Practice Liaison, Administrative Office of the Courts
-Prosecuting and Defending the Police Officer
Criminal Law Section Litigation TRACK (CRIMINAL)
Thursday, May 14 3 - 4:30 p.m.
Moderator: Robert Brass, Esq. Picillo Caruso Pope Edell Picini, PC
Speakers: Paul J. Bradley, Esq. Supervising Assistant Prosecutor, Essex County Prosecutor's Office
Kevin P. McCann, Esq. NJSBA Treasurer
John L. Molinelli, Esq. Bergen County Prosecutor
Brian J. Neary, Esq
Anthony J. Pope, Esq. Picillo Caruso Pope Edell Picini, PC
Thursday, May 14 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ
The NJSBA 2009 Annual Meeting and Convention Municipal Court programs are Thursday, May 14. If you haven't already registered, what are you waiting for? Don't miss the opportunity to earn up to 10 CLE credits at over 60 informative and timely programs.
The NJSBA Municipal Court Section is sponsoring 4 seminars in one day on Thursday May 14, 2009 at the annual convention in AC. Get 6 credits plus breakfast and lunch for a one day fee:
Register online now!
Municipal Court Practice Track:
(includes full day convention access to all other tracks, vendors, and food buffets
Breakfast Buffet at Exhibition Hall
Municipal Court Practice Section Municipal COURT TRACK
8:00 am - The Latest Cases and Court Rules in Municipal Court
Thursday, May 14 8 - 9:30 a.m.
Speaker: Kenneth Vercammen, Esq. Edison, NJ
10:00 am - DWI in the Age of Chun, 1.5 credits
Speaker: Jeffrey Evan Gold, Esq.
Luncheon Buffet at Exhibition Hall
1:00 pm - What to Look for in Alcotest Discovery, 1.5 credits
Speaker: Arnold N. Fishman, Esq.
3:00 pm - Municipal Court Bench/Bar Forum. 1.5 credits
Panelists: Hon. Joan Robinson Gross, P.J.M.C.
Hon. Robert F. Schaul, JMC
Hon. E. Ronald Wright, JMC
Paris P. Eliades, Esq. Courter Kobert & Cohen, PC
Jeffrey E. Gold, Esq.
Deborah Veach, Esq. Municipal Prosecutor, Township of Teaneck
Other important programs:
-Equity Jurisprudence Committee Litigation TRACK (CHANCERY)
Thursday, May 14 1 - 2:30 p.m.
Chancery judges and general equity practitioners will discuss a variety of topics, including foreclosure mediation, equity practice in the current economic crisis and other priceless tips for chancery litigators.
Moderator: Alexandra V. Gallo, Esq., McElroy Deutsch, Mulvaney & Carpenter, LLP
Speakers: Hon. Harriet Derman, P.J.Ch.
Hon. Glenn Berman, J.S.C.
Hon. Harriet Farber Klein, J.S.C.
Frederick W. Alworth, Esq. Gibbons, PC
Thomas P. Scrivo, Esq. McElroy, Deutsch, Mulvaney & Carpenter, LLP
Kevin M .Wolfe, Esq. Chief Civil Practice Liaison, Administrative Office of the Courts
-Prosecuting and Defending the Police Officer
Criminal Law Section Litigation TRACK (CRIMINAL)
Thursday, May 14 3 - 4:30 p.m.
Moderator: Robert Brass, Esq. Picillo Caruso Pope Edell Picini, PC
Speakers: Paul J. Bradley, Esq. Supervising Assistant Prosecutor, Essex County Prosecutor's Office
Kevin P. McCann, Esq. NJSBA Treasurer
John L. Molinelli, Esq. Bergen County Prosecutor
Brian J. Neary, Esq
Anthony J. Pope, Esq. Picillo Caruso Pope Edell Picini, PC
Kenneth Vercammen named Super Lawyer for 2009
Kenneth Vercammen named Super Lawyer for 2009
Super Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries.
Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991.
Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Rising Stars names the state's top up-and-coming attorneys.
Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.
SUPER LAWYERS SELECTION PROCESS
OVERVIEW
In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.
PUBLICATION
The final published list represents no more than 5 percent of the lawyers in the state. The lists are published annually in state and regional editions of Super Lawyers magazines and in inserts and special advertising sections in leading city and regional magazines and newspapers. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on superlawyers.com.
http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html
Kenneth
Vercammen was also selected to the 2015 Super Lawyers list. The Super Lawyers list is
issued by Thomson Reuters. A description of the selection methodology can be
found at www.superlawvers.com/about/selection process detail.html. No aspect of
this advertisement has been approved by the Supreme Court of New Jersey.
Also, Kenneth Vercammen also passed the
test to become one of the few Municipal Court Law Attorneys.
SUPREME COURT OF NEW JERSEY
It is ORDERED that, pursuant to Rule
1:39-5(a), the following named attorneys, having applied to the Board on Attorney
Certification and having been found qualified by the Board, are hereby
authorized to designate themselves as Municipal Court Law Attorneys before the
public, the bar, and the courts of this State in accordance with the Rules of
this Court during their good behavior for a term of five years from the date of
this Order. ….. …… Kenneth Vercammen Middlesex
ABOUT SUPER LAWYERSSuper Lawyers is a listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.
Super Lawyers is published as a special supplement in leading newspapers and city and regional magazines across the country. Super Lawyers magazine, featuring articles about attorneys named to the Super Lawyers list, is distributed to all attorneys in the state or region, the lead corporate counsel of Russell 3000 companies and the ABA-approved law school libraries.
Polling, research and selection are performed by Law & Politics, a publication of Key Professional Media, Inc. Law & Politics has been publishing legal magazines since 1990 and Super Lawyers since 1991.
Super Lawyers magazine names attorneys in each state who received the highest point totals, as chosen by their peers and through the independent research of Law & Politics. Rising Stars names the state's top up-and-coming attorneys.
Super Lawyers magazine is published in all 50 states and reaches more than 13 million readers.
SUPER LAWYERS SELECTION PROCESS
OVERVIEW
In selecting attorneys for Super Lawyers, Law & Politics employs a rigorous, multiphase process. Peer nominations and evaluations are combined with third party research. Each candidate is evaluated on 12 indicators of peer recognition and professional achievement. Selections are made on an annual, state-by-state basis.
The objective is to create a credible, comprehensive and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel.
The Super Lawyers selection process involves three basic steps: creation of the candidate pool; evaluation of candidates by the research department; and peer evaluation by practice area.
PUBLICATION
The final published list represents no more than 5 percent of the lawyers in the state. The lists are published annually in state and regional editions of Super Lawyers magazines and in inserts and special advertising sections in leading city and regional magazines and newspapers. All attorneys selected for inclusion in Super Lawyers, regardless of year, can be found on superlawyers.com.
http://www.superlawyers.com/new-jersey/lawyer/Kenneth-A-Vercammen/73f0b3a6-71c1-4ae1-a5d0-803ddb2739a9.html
Sunday, March 8, 2009
Shared Parenting Agreement
Shared Parenting Agreement
This agreement is made this ____ day of ______________, 20__, by and between ______________________________ and _____________________________.
In consideration of the promises made to each other, and in consideration of our mutual contributions toward the [creation by in vitro fertilization; artificial insemination] or [adoption] of a child [born] or [adopted] on the ____ day of ____________, 20__, and in acknowledgement that state law is unsettled in this area of parental rights, and in acknowledgement of the parties’ mutual belief that the best interests of our child, ______________________, require stable sources of financial, academic, medical, and emotional support, the parties enter into this Agreement to guarantee that their child will receive the full benefit of having each and both of the parties as parents, including current and future financial and emotional support and rights to inheritance, and to guarantee that both _____________________ and ____________________ shall be considered natural and legal parents of ________________________.
Therefore, we agree as follows:
1. Each party acknowledges and agrees that they live together in a primary family relationship and have since ______________________. The parties further acknowledge that during the course of their relationship [______________________ gave birth to ___________________ (child or children) on _________________] or [they adopted __________________ (child or children) on ____________________.]
2. The decision to have a child was a joint decision of the parties and was based on the commitment of each party to parent the child(ren) jointly. The parties acknowledge that both partners have been primary parents and caregivers to the child(ren) since birth.
3. Each party acknowledges and agrees that, while they now live together as a family, there may come a time when the parties no longer do so. In that event, the parties agree that they will continue to provide for their child(ren) as follows:
a. Both parties will have joint custody of the child(ren).
b. Both parties will take whatever action is necessary to obtain a shared parenting agreement from the court having jurisdiction over these matters.
c. The child will spend approximately one-half of his/her time with each parent. Each parent shall share equally in the responsibility for the care of the child(ren) during school vacations or illness either by personally caring for the child(ren) or making arrangements for proper care.
d. Each parent will pay one-half of the normal daily living expenses and costs of the child(ren) while they live together; or the entire cost of daily living expenses when the child(ren) is/are with each one, should they stop living together.
e. Each parent shall claim the child(ren) as a dependent for tax purposes in alternate years. _________________ shall claim the child(ren) during even numbered tax years and _____________________ during odd numbered tax years.
f. Each parent shall maintain the child(ren) as a beneficiary(ies) of a life insurance policy in the minimum amount of ____________ until the child(ren) shall attain the age of [majority] or [specify age].
4. Both parents acknowledge and agree that all major decisions regarding the physical location, support, education, medical care, and religious training of the child(ren) shall be made by them jointly.
5. Both parents agree that each will make a good faith effort to remain in ________________________ (name community) until the child(ren) complete high school. Neither parent may move out of the designated community without the prior written consent of the other parent. The other parent shall not unreasonably withhold such consent.
6. The parties agree that should a significant discrepancy occur in their respective net monthly income, following a separation, they will negotiate child support payments consistent with the child support schedule then in effect in their State of domicile.
7. Each parent agrees that, in the event either of them is no longer able to care and provide for the child(ren) because of death or legal disability, it will be in the best interests of the child(ren) to remain with the other parent. Neither parent will allow the child(ren) to be adopted by any other person so long as both parents are living.
8. Each parent agrees that any dispute pertaining to this Agreement will be resolved through mediation. The mediator shall be an objective third party who is mutually agreed upon. The mediator’s role shall be to help us resolve any disputes, dissolve our relationship, and/or resolve any differences concerning the child(ren). The parties agree to enter mediation in good faith. [Can include clause/provision concerning collaborative law efforts to resolve disputes in addition to, in lieu of, or as an alternative to mediation.]
9. In the event that the parties’ attempt at good-faith mediation is unsuccessful to resolve all issues in dispute, either party may seek to resolve the issues through arbitration through the use of the following protocol:
a Deliver a written demand for arbitration to the other person and name one arbitrator;
b. The other party shall respond with the name of a second arbitrator within five days from receipt of the notice;
c. The two named arbitrators shall select and name a third arbitrator;
d. The arbitration meeting will take place within seven days following the selection of the third arbitrator;
e. Each party is entitled to retain legal counsel at his/her own expense;
f. Each party may present witnesses and evidence at the arbitration hearing;
g. The arbitrators shall issue their decision within five days after the hearing. Their decision shall set forth their findings and conclusion and shall be in writing. The decision shall be binding upon each of us. We agree that neither party shall seek relief from the arbitration decision in court.
h. If the person to whom an arbitration demand is made fails to respond within five days, the other party may give an additional five days’ written notice of his/her intent to proceed. If there is still no response, the person initiating the arbitration may proceed with the arbitration before an arbitrator he/she has designated. Any award shall have the same force and effect as if all three arbitrators had settled it.
10. Each party understands that there are legal questions raised by the issues involved in this Agreement that are not yet settled by statute or prior court decisions. Notwithstanding the knowledge that certain clauses stated in this Agreement may be unenforceable in a court of law, the parties choose to enter into this Agreement to clarify their intent to jointly provide and nurture their child(ren), even when they are no longer living together in a single family residence.
11. Specifically, the parties recognize that the current state of law regarding financial support of children may not obligate the non-legally recognized parent to provide support to the child(ren).
12. The parties also recognize that current law gives the natural/legal parent no enforceable right to collect support on behalf of the child(ren) from the other parent.
13. Notwithstanding the current state of the law regarding support, each party agrees to support the minor child(ren) and to be bound by current and future support obligations for the child(ren) pursuant to the laws of the State in which the child is domiciled.
14. The parties intend that this Agreement create an enforceable right for either party to collect child support on behalf of the child(ren), including the right to request that support be extended beyond minority consistent with the child support laws of the State of domicile.
15. The parties agree to do everything legally possible to create a legal relationship between the child(ren) and the non-legally recognized parent, _______________. This will be done for purposes of custody, visitation, support, inheritance, health care insurance, and guardianship of the minor child(ren).
16. Each party agrees to leave at least one-half of his/her estate to the child(ren). If a trust is created for the child(ren), the trustor shall name the other parent as the trustee. Likewise, both parties agree to name the other as the child(ren)’s guardian in their respective wills. The parties agree to jointly decide on an alternate guardian of the child(ren).
17. The parties intend this Agreement to guide the Court should one become involved in determining the best interests of the child(ren). The parties agree that the Court shall have jurisdiction over any disputes arising during the child(ren)’s minority regarding custody, support, or visitation.
18. The parties agree to participate in Court-ordered mediation concerning issues of custody or visitation and to be bound by court orders regarding the child(ren). Specifically, ___________________ agrees to be bound by a court order compelling him/her to pay support for the child(ren) or to have contact with the child(ren) on a set schedule. Likewise, ____________________, the natural parent, agrees to be bound by any court order granting visitation and/or joint custody to _________________________. Both parties agree that they will not raise legal arguments intended to interfere with the ongoing relationship between the other parent and the child(ren).
19. The parties agree to put aside any personal differences they may have with each other, in the event of their separation or termination of the relationship, in order to do what is in the best interests of the child(ren).
20. If either party contests the Court’s jurisdiction over any dispute involving the child(ren), including custody, support, care, or visitation, then that party may be stopped from defeating the Court’s jurisdiction by reason of having accepted the benefits of the mutual promises contained in this Agreement. It either party contests the Court’s jurisdiction over any issue involving the custody, care, support, or visitation of the child(ren), and is successful in defeating the Court’s jurisdiction, then that party shall be liable for liquidated damages in the amount of $_______________ for each year that this Agreement was in effect. The contesting party shall also be responsible for paying all costs and attorney fees incurred by the defending party.
21. This Agreement contains the entire understanding of the parties. There are no promises, understandings, agreements, or representations between them that are not reflected in this Agreement.
22. Each party agrees that he/she signed this Agreement voluntarily and freely, of his/her own volition, without any duress of any kind whatsoever.
23. Both parties acknowledge that legal counsel represented them in the discussions and negotiations that led to the creation of this Agreement. _______________________, Attorney at Law, represented _________________________. And, ____________________, Attorney at Law, represented _______________________. Each party acknowledges that he/she had legal advice prior to signing this Agreement and that each fully understands the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereunto have executed this Agreement, on the ____ day of ______________, 20__, in ___________________, ______________.
Dated: ______________ __________________________________________
Signature
Dated: ______________ __________________________________________
Signature
State of ___________________
County of _________________
___________________________ and _____________________________ personally appeared before me and executed and acknowledged this Shared Parenting Agreement before me this ____ day of ____________, 20__.
_____________________________________
Notary Public
This agreement is made this ____ day of ______________, 20__, by and between ______________________________ and _____________________________.
In consideration of the promises made to each other, and in consideration of our mutual contributions toward the [creation by in vitro fertilization; artificial insemination] or [adoption] of a child [born] or [adopted] on the ____ day of ____________, 20__, and in acknowledgement that state law is unsettled in this area of parental rights, and in acknowledgement of the parties’ mutual belief that the best interests of our child, ______________________, require stable sources of financial, academic, medical, and emotional support, the parties enter into this Agreement to guarantee that their child will receive the full benefit of having each and both of the parties as parents, including current and future financial and emotional support and rights to inheritance, and to guarantee that both _____________________ and ____________________ shall be considered natural and legal parents of ________________________.
Therefore, we agree as follows:
1. Each party acknowledges and agrees that they live together in a primary family relationship and have since ______________________. The parties further acknowledge that during the course of their relationship [______________________ gave birth to ___________________ (child or children) on _________________] or [they adopted __________________ (child or children) on ____________________.]
2. The decision to have a child was a joint decision of the parties and was based on the commitment of each party to parent the child(ren) jointly. The parties acknowledge that both partners have been primary parents and caregivers to the child(ren) since birth.
3. Each party acknowledges and agrees that, while they now live together as a family, there may come a time when the parties no longer do so. In that event, the parties agree that they will continue to provide for their child(ren) as follows:
a. Both parties will have joint custody of the child(ren).
b. Both parties will take whatever action is necessary to obtain a shared parenting agreement from the court having jurisdiction over these matters.
c. The child will spend approximately one-half of his/her time with each parent. Each parent shall share equally in the responsibility for the care of the child(ren) during school vacations or illness either by personally caring for the child(ren) or making arrangements for proper care.
d. Each parent will pay one-half of the normal daily living expenses and costs of the child(ren) while they live together; or the entire cost of daily living expenses when the child(ren) is/are with each one, should they stop living together.
e. Each parent shall claim the child(ren) as a dependent for tax purposes in alternate years. _________________ shall claim the child(ren) during even numbered tax years and _____________________ during odd numbered tax years.
f. Each parent shall maintain the child(ren) as a beneficiary(ies) of a life insurance policy in the minimum amount of ____________ until the child(ren) shall attain the age of [majority] or [specify age].
4. Both parents acknowledge and agree that all major decisions regarding the physical location, support, education, medical care, and religious training of the child(ren) shall be made by them jointly.
5. Both parents agree that each will make a good faith effort to remain in ________________________ (name community) until the child(ren) complete high school. Neither parent may move out of the designated community without the prior written consent of the other parent. The other parent shall not unreasonably withhold such consent.
6. The parties agree that should a significant discrepancy occur in their respective net monthly income, following a separation, they will negotiate child support payments consistent with the child support schedule then in effect in their State of domicile.
7. Each parent agrees that, in the event either of them is no longer able to care and provide for the child(ren) because of death or legal disability, it will be in the best interests of the child(ren) to remain with the other parent. Neither parent will allow the child(ren) to be adopted by any other person so long as both parents are living.
8. Each parent agrees that any dispute pertaining to this Agreement will be resolved through mediation. The mediator shall be an objective third party who is mutually agreed upon. The mediator’s role shall be to help us resolve any disputes, dissolve our relationship, and/or resolve any differences concerning the child(ren). The parties agree to enter mediation in good faith. [Can include clause/provision concerning collaborative law efforts to resolve disputes in addition to, in lieu of, or as an alternative to mediation.]
9. In the event that the parties’ attempt at good-faith mediation is unsuccessful to resolve all issues in dispute, either party may seek to resolve the issues through arbitration through the use of the following protocol:
a Deliver a written demand for arbitration to the other person and name one arbitrator;
b. The other party shall respond with the name of a second arbitrator within five days from receipt of the notice;
c. The two named arbitrators shall select and name a third arbitrator;
d. The arbitration meeting will take place within seven days following the selection of the third arbitrator;
e. Each party is entitled to retain legal counsel at his/her own expense;
f. Each party may present witnesses and evidence at the arbitration hearing;
g. The arbitrators shall issue their decision within five days after the hearing. Their decision shall set forth their findings and conclusion and shall be in writing. The decision shall be binding upon each of us. We agree that neither party shall seek relief from the arbitration decision in court.
h. If the person to whom an arbitration demand is made fails to respond within five days, the other party may give an additional five days’ written notice of his/her intent to proceed. If there is still no response, the person initiating the arbitration may proceed with the arbitration before an arbitrator he/she has designated. Any award shall have the same force and effect as if all three arbitrators had settled it.
10. Each party understands that there are legal questions raised by the issues involved in this Agreement that are not yet settled by statute or prior court decisions. Notwithstanding the knowledge that certain clauses stated in this Agreement may be unenforceable in a court of law, the parties choose to enter into this Agreement to clarify their intent to jointly provide and nurture their child(ren), even when they are no longer living together in a single family residence.
11. Specifically, the parties recognize that the current state of law regarding financial support of children may not obligate the non-legally recognized parent to provide support to the child(ren).
12. The parties also recognize that current law gives the natural/legal parent no enforceable right to collect support on behalf of the child(ren) from the other parent.
13. Notwithstanding the current state of the law regarding support, each party agrees to support the minor child(ren) and to be bound by current and future support obligations for the child(ren) pursuant to the laws of the State in which the child is domiciled.
14. The parties intend that this Agreement create an enforceable right for either party to collect child support on behalf of the child(ren), including the right to request that support be extended beyond minority consistent with the child support laws of the State of domicile.
15. The parties agree to do everything legally possible to create a legal relationship between the child(ren) and the non-legally recognized parent, _______________. This will be done for purposes of custody, visitation, support, inheritance, health care insurance, and guardianship of the minor child(ren).
16. Each party agrees to leave at least one-half of his/her estate to the child(ren). If a trust is created for the child(ren), the trustor shall name the other parent as the trustee. Likewise, both parties agree to name the other as the child(ren)’s guardian in their respective wills. The parties agree to jointly decide on an alternate guardian of the child(ren).
17. The parties intend this Agreement to guide the Court should one become involved in determining the best interests of the child(ren). The parties agree that the Court shall have jurisdiction over any disputes arising during the child(ren)’s minority regarding custody, support, or visitation.
18. The parties agree to participate in Court-ordered mediation concerning issues of custody or visitation and to be bound by court orders regarding the child(ren). Specifically, ___________________ agrees to be bound by a court order compelling him/her to pay support for the child(ren) or to have contact with the child(ren) on a set schedule. Likewise, ____________________, the natural parent, agrees to be bound by any court order granting visitation and/or joint custody to _________________________. Both parties agree that they will not raise legal arguments intended to interfere with the ongoing relationship between the other parent and the child(ren).
19. The parties agree to put aside any personal differences they may have with each other, in the event of their separation or termination of the relationship, in order to do what is in the best interests of the child(ren).
20. If either party contests the Court’s jurisdiction over any dispute involving the child(ren), including custody, support, care, or visitation, then that party may be stopped from defeating the Court’s jurisdiction by reason of having accepted the benefits of the mutual promises contained in this Agreement. It either party contests the Court’s jurisdiction over any issue involving the custody, care, support, or visitation of the child(ren), and is successful in defeating the Court’s jurisdiction, then that party shall be liable for liquidated damages in the amount of $_______________ for each year that this Agreement was in effect. The contesting party shall also be responsible for paying all costs and attorney fees incurred by the defending party.
21. This Agreement contains the entire understanding of the parties. There are no promises, understandings, agreements, or representations between them that are not reflected in this Agreement.
22. Each party agrees that he/she signed this Agreement voluntarily and freely, of his/her own volition, without any duress of any kind whatsoever.
23. Both parties acknowledge that legal counsel represented them in the discussions and negotiations that led to the creation of this Agreement. _______________________, Attorney at Law, represented _________________________. And, ____________________, Attorney at Law, represented _______________________. Each party acknowledges that he/she had legal advice prior to signing this Agreement and that each fully understands the terms of this Agreement.
IN WITNESS WHEREOF, the parties hereunto have executed this Agreement, on the ____ day of ______________, 20__, in ___________________, ______________.
Dated: ______________ __________________________________________
Signature
Dated: ______________ __________________________________________
Signature
State of ___________________
County of _________________
___________________________ and _____________________________ personally appeared before me and executed and acknowledged this Shared Parenting Agreement before me this ____ day of ____________, 20__.
_____________________________________
Notary Public
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