Attorney O's Midnight Musings: Connecticut Law Law Offices of Irene C. Olszewski, LLC 2010-08-27T18:42:55Z WordPress http://ireneolszewski.com/ctlawblog/feed/atom/ Administrator <![CDATA[What’s In YOUR Adult Starter Kit?]]> http://ireneolszewski.com/ctlawblog/?p=1495 2010-08-27T18:42:55Z 2010-08-27T18:42:55Z GroomI was in Maine to attend the wedding of a friend last weekend (a trip I enjoyed immensely, in case you were wondering). At a gathering on the eve before the ceremony, a few of us were engaged in conversation with the groom-to-be. After telling us about his job and future plans, he remarked that he had awoken one day at age 27 and realized that he had amassed the tools for his “Adult Starter Kit” which included a house (complete with mortgage), a solid job, and a fiance. Although we all laughed at the time, I’ve thought about his comment a lot this week and it sparked the subject of this post.

So, I will ask you, dear readers, what’s in YOUR Adult Starter Kit?

In addition to his house, job and new wife, I might suggest a number of other things that my friend should consider adding to his arsenal. It’s a lot like one of those starter game system bundles you buy. It comes with the very basics, such as the console, AC adapter, hook-up wires for your TV and a controller. Sometimes they even throw in a free game. The system works well for a while but it’s usually not too long before you realize that in order for it to really serve you well, you’ll need to add another controller, a few more games and a memory card. Adult Starter Kits are similar.

Let’s consider the Adult Starter Kit Expansion Module: One of the things my friend might consider adding to his Kit, given that he now owns some assets, is a Last Will and Testament. Let’s pretend that he hasn’t yet married his fiance. If he were to die without a Will, his assets (including his house) would pass to his blood relatives according to the laws of intestacy in effect in his state on the date of his death. If it were his intent to leave the house to his fiance if something happened to him before the wedding, she would be out of luck if he didn’t have a Will.

In Connecticut, a minor reaches the age of majority at the age of 18. If that young adult is unfortunate enough to be in a serious car accident leaving him or her in a persistent vegetative state, I would hope that he or she had previously executed car crash cartoonAdvance Directives (also known as a Living Will). One of the best examples I can think of to illustrate the need for such a document is the well-publicized Terri Schiavo case. In Terri’s case, it was cardiac arrest and not a car accident that put her in the hospital (she was 27 at the time). Her husband battled her parents in court for several years (1998 to 2005) in order to be able to cease life support measures. Terri did not have a Living Will.

If a young adult is temporarily incapacitated due to an accident or medical emergency, a Power of Attorney (POA) or Springing Power of Attorney will allow a trusted person to handle his or her financial affairs. Perhaps the young adult owns a house on which he pays a mortgage — and a car on which he repays a loan — if he is unable to access his checkbook due to being incapacitated, those bills will not be paid and serious consequences may arise. If he has a POA in force, someone he designates will be able to access his bank accounts and pay his bills while he recovers.

briefcaseIf you are a young adult in the process of packing your own Adult Starter Kit (or if you’re the parent of one), I hope you will remember that a house, a job and a fiance are a great start to the Kit … but don’t ignore the legal protections available to you. You wouldn’t buy a house without also purchasing a homeowners insurance policy nor would you finance a car loan without carrying insurance on the vehicle. Young adults — actually, ALL adults, should explore the legal documents I have discussed in this post, at the very least.

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Administrator <![CDATA[Same-Sex Weddings in California on Hold Again]]> http://ireneolszewski.com/ctlawblog/?p=1492 2010-08-18T03:29:59Z 2010-08-18T03:29:59Z According to the SF Gate (San Francisco Chronicle):

“A three-judge panel of the Ninth U.S. Circuit Court of Appeals in San Francisco issued its ruling without explanation in a short, two-page order that imposed a stay on Chief U.S. District Judge Vaughn Walker’s Aug. 4 decision striking down the voter-approved Proposition 8.”

The decision came down on Monday.

Read: Prop. 8: Appeals court puts ruling on hold

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Administrator <![CDATA[Same-Sex Marriage To Resume on Wednesday in California]]> http://ireneolszewski.com/ctlawblog/?p=1485 2010-08-13T16:49:31Z 2010-08-13T16:49:31Z Judge Vaughn Walker, the Chief Justice for the U.S. District Court for the Northern District of California, has instructed the state of California to resume issuing marriage licenses to same-sex couples at 5:00pm PDT on August 18th. His August 4th decision in Perry v. Schwarzenegger struck down California’s Proposition 8 as unconstitutional.

The day after the decision came down, the National LGBT Bar Association hosted a national call-in to provide an analysis of the case and a possible appeal. The event was led by Kate Kendell, the Executive Director of the National Center for Lesbian Rights, and Professor William N. Eskridge, Jr., the John A. Garver Professor of Jurisprudence at Yale Law School. If you were unable to participate, you may listen to the recording here.

Lawyers defending Proposition 8 have said they will seek an immediate stay of the ruling to allow gay marriages to resume next Wednesday.

Here’s a Reuters video report.

Here’s a video report from EuroNews.

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Administrator <![CDATA[How Long Will It Take to Pay Off That Child Support Arrearage?]]> http://ireneolszewski.com/ctlawblog/?p=1473 2010-08-12T04:38:26Z 2010-08-12T04:38:26Z childsupportI often represent clients in Family Court who are supposed to receive child support but seldom, if ever, receive the checks. Other times, I serve as Guardian Ad Litem for the minor children in similar cases. When child support payments are not made on a regular basis, the back payments accrue and that balance is known as an arrearage.

When someone hasn’t paid court-ordered child support regularly, the party to whom it is owed has the right to bring a Motion for Contempt before the court. If a case is registered with the Support Enforcement Services, they will monitor the payments received and the arrearage balance. .

When the case ultimately goes before the judge or magistrate, the obligor (defined as the person who owes the child support) is often shocked at how much he or she actually owes in back support. It’s not at all surprising that the missed payments add up fast.

When the obligor is found to be in contempt of court, he or she may be ordered to cough up a large lump sum payment or spend some time in a cozy little jail cell. Faced with those choices, I’ve heard some wild proposals from obligors for paying off the back support.

My all-time favorite is the one from the guy who owed in excess of fifty-five grand. His proposal? Pay 50 bucks a month on the arrearage. Um, that would take him something like 87 years to pay off!

If you owe child support, pay it on time and in full to save yourself the hassle of being summoned to court. In addition to facing incarceration, a judge or magistrate may revoke your professional licenses, intercept your income tax refunds, require job searches, revoke your passport, and a variety of other unpleasant surprises.

If you are supposed to receive child support but the obligor fails to pay you, contact an attorney to find out the best course of action.

No matter what though, don’t settle for 50 bucks a month on a huge arrearage balance. You’ll be in a rocking chair by the time it’s paid off!

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Administrator <![CDATA[Judge Says No To Seven-Year Alimony Rebate]]> http://ireneolszewski.com/ctlawblog/?p=1465 2010-08-07T18:21:30Z 2010-08-07T18:21:30Z AlimonyHere’s an interesting post from the Connecticut Law Tribune:

Judge Says No To Seven-Year Alimony Rebate

The Judge’s decision brings up a variety of interesting questions for divorced (or divorcing) couples with regard to the provisions of their separation agreements. One thing is for sure, motions should be filed in a timely manner!

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Administrator <![CDATA[Good Parents or Bad Parents?]]> http://ireneolszewski.com/ctlawblog/?p=1437 2010-07-28T02:31:56Z 2010-07-28T02:31:56Z Over the last couple of weeks, as I spent time with clients and in court waiting for my cases to be called, I began to ponder the difference between good parents and bad parents. This isn’t the first time I’ve thought about this, of course, but I revisited the topic from a different vantage point.

Every day, parents fight it out with each other in courtrooms all over the country. Often, one person is claiming that the other person is a “bad” parent. The list of reasons varies, of course, but the belief that the other parent is “bad” doesn’t waver. I hear all sorts of allegations: “He doesn’t put them to bed until 10:00 on a school night when he has them” or “She actually bought our 16-year-old a cell phone for his birthday” or “When he’s with his father, he’s allowed to drink soda” or “My ex-wife signed our son up for piano lessons instead of Little League.” The aforementioned are apparently considered parenting faux pas by the opposing parties and to them, automatically define the other as a “bad” parent.

right-way-sign

Basically, most people believe they can agree on a list of things that make someone a “good” parent. Similarly, most people believe they can agree on what makes someone a “bad” parent. Notice that in each instance, I used the phrase “believe they can agree” rather than “can agree”. Why? Thanks for asking. I did some informal field research and here’s what I found out:

To some people, a “good” parent is kind, loving and understanding. To others, it’s one thing to be loving and kind but “it’s not a parent’s job to be the child’s friend.” Some people told me that a “good” parent teaches a child lessons gently and with constant regard for the child’s self-esteem. Others poo-pooed that method saying that children who learn hard lessons never forget them and that the whole “making nice” parenting style is a lot of hoo ha. (These are very technical terms).

One man told me that to be a good parent to a son, a father has to teach him not to be a sissy. When I asked him to elaborate, he said that he better not ever find one of his boys crying or he’d “give him something to cry about.” Ouch!

good+cop+bad+cop

I expected fathers to be tougher on their sons and easier on their daughters. Pardon the stereotype, but I was thinking about that whole “Daddy’s little girl” thing. I was surprised to hear some fathers tell me that their sons would learn to be men through sports and the military but that they had to be tough on their daughters so they wouldn’t grow up to be “tramps” or “sappy bimbos” (that was an actual response, I kid you not).

By the time I had worked my way through the fathers in my little poll, I dared not have any stereotypical expectations of mothers. Whew, was I glad I didn’t. One mother told me that she fully expected her son to be a strong man who didn’t display any signs of weakness. To accomplish that task, she explained that if he cried like a baby (the kid was 6), she would send him to his room and let him think about how he had just embarrassed himself.

Another mother told me she was afraid her daughter was too smart and so she would have difficulty finding a husband. (Is this 2010???) To combat that problem, she encouraged her daughter to steer clear of the debate club and the student government.

If I were list a series of traits and ask you if they made for a “good” parent or a “bad” parent, I’m rather sure that I would receive varied responses. Let’s test that theory:

“Good” Parent or “Bad” Parent?

1) Spanks a child when he or she has done something wrong.

2) Never spanks a child, no matter how bad the offense.

3) Is never critical of a child for fear of damaging his or her self-esteem.

4) Always points out when a child has made a mistake in order to teach the child to recognize mistakes so as not to repeat them.

5) Pays a child an allowance to do weekly household chores in order to teach the child the value of hard work and earning one’s own living.

6) Expects a child to perform weekly household chores without receiving financial compensation because the child has to learn that all members of the family must contribute to making the household run.

Okay, you get the idea.

I’m reasonably sure we can all agree that a “good” parent would never torture a child or force a child to commit sexual acts. I’m even pretty darn sure that we can all agree that a “bad” parent would not think twice about doing such things.

Every day, courts are asked to make determinations about custody and visitation. In effect, they are asked to decide if mothers and fathers are “good” parents or “bad” parents. Judges listen to the most amazing arguments. Sometimes, I’m surprised they don’t laugh right out loud. Other times, I’m shocked they don’t break down and cry.

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Administrator <![CDATA[My Connecticut Gay and Lesbian Law Blog Turned One Today!]]> http://ireneolszewski.com/ctlawblog/?p=1429 2010-07-20T04:15:32Z 2010-07-20T04:15:32Z I want to begin with an apology for being silent for a couple of weeks. I was on vacation for ten days, which was an absolute delight. When I returned to the office, I encountered what everyone goes through when they return from a much needed vacation … lots of work that piled up while I was gone. Whew! I’ve been busy, to say the least. I hope you’ll forgive me.

That said … I’m pleased to announce that my other blog, Connecticut Gay and Lesbian Law, celebrated its first anniversary today. If it’s of interest to you, I hope you’ll give it a read.

Happy-Anniversary-Balloon-Bouquet

When I’m back in the groove (meaning I’ve caught up on the work that piled up while I was busy relaxing), I’ll resume regular posting in this space. Meanwhile, feel free to browse the archive. Thanks for your understanding.

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Administrator <![CDATA[Monday’s U.S. Supreme Court’s 5-4 Decision Backs Individual Gun Rights]]> http://ireneolszewski.com/ctlawblog/?p=1418 2010-06-30T21:19:51Z 2010-06-30T21:19:51Z I didn’t have a chance to post this on Monday but I thought it was still worth mentioning for anyone who might have missed it.

Excerpted from Politics Daily:

“The U.S. Supreme Court declared Monday that individual gun rights under the Second Amendment apply and may be used to block enforcement of certain restrictive state and local gun control ordinances.”

The Right To Bare Arms

Read: Supreme Court Ruling Backs Individual Gun Rights

Read: McDonald et al. v. City of Chicago, Illinois, et al.

Read: Second Amendment to the United States Constitution

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Administrator <![CDATA[Attorney O’s Midnight Musings Celebrates One Year of Posting]]> http://ireneolszewski.com/ctlawblog/?p=1396 2010-06-23T18:44:55Z 2010-06-23T18:44:55Z streamers

It doesn’t seem possible that I first posted here on Attorney O’s Midnight Musings one year ago today. I don’t know whether to refer to this as a birthday or an anniversary. Either way, 365 days have passed since I first hit “publish” and launched into the world of blogging.

I want to thank everyone who has ever taken the time to read my posts. It’s nice to know that I’m not all alone here in cyberland. Thank you to those who have posted comments and to those who have sent me e-mails with words of encouragement. It all means a lot to me.

As I reflect on this last year as a new blogger, it occurs to me that I have really enjoyed this time. Some of my colleagues who don’t yet blog often ask why I bother to “waste” my free time blogging instead of relaxing. While my replies vary, I usually tell them that I blog because I enjoy it and because I learn things while blogging that I might not otherwise have learned. In my book, that’s not a waste of my time.

Main_StFor me, the act of blogging is a lot like taking a road trip on a small town back road instead of the interstate. Instead of barreling down the highway, I take time to look at the view. Those small towns are chock full of quaint little shops, unusual architecture and old cemeteries. It’s on those rural routes that you come upon that special diner that “the locals” frequent (the ones with the apple pie that’s out of this world). It’s where you happen upon the old general stores that still sell “penny candy” and Necco Wafers. It’s on those same back roads that you come upon “the locals” who are all too willing to regale you with stories about the history of their town. It’s always a journey worth taking.

While blogging, I meander through the back roads of the world wide web, stopping to discover websites that have been around for years and others that are just getting off the ground. I’ve happened upon blogs that have already attracted a strong loyal following and plenty of brand new entries to the blogisphere. I’ve stumbled upon some rather unusual finds on the internet that I would likely not have found had I not undertaken the authoring of this blog. I also watch a lot less television these days!

I’d love to post every night but the reality of my life doesn’t always allow me to do so. Sometimes, after a particularly long and difficult day practicing law, I’m just too tired to come home and string words together in a coherent fashion. Other nights, I’m just too busy with my life to post at all. Sometimes, I just don’t have anything to say. So while I don’t post every night, this blog remains important to me and I hope you’ll keep coming back.

It is my sincere hope that everyone who stops by Attorney O’s Midnight Musings will find that the trip was worth the ride. If you chuckle here and there, or learn something you didn’t know before you landed in my little corner of Cyber Town, that will make me a happy little blogger.

Here’s to another year of blogging and discovery!

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Administrator <![CDATA[Newlywed Arrested After Rushing Wife to Hospital]]> http://ireneolszewski.com/ctlawblog/?p=1362 2010-06-22T03:10:42Z 2010-06-22T03:10:42Z Some things border on the ridiculous. Others are blatantly ridiculous. This story fits the latter category. I’ll just give you a brief synopsis … the link to the entire story appears below.

keystone_copsWhile on their honeymoon, the wife begins to exhibits signs of a stroke. She and her husband are both trained medical professionals. The husband understands how important it is to get her immediate medical attention so he speeds his way to the hospital, running two red lights in the process. A police officer follows them to the hospital in hot pursuit, lights flashing and sirens wailing. The husband doesn’t want to waste critical minutes by pulling over so he figures he’ll just explain when he gets to the ER. Once at the ER, the husband pulls the wife from the car and the police officer attempts to block his passage into the ER. Now the poor husband is facing felony charges.

Read: Newlywed Arrested After Rushing Wife to Hospital

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