Among decisions, parents make when divorcing includes decisions on how to fund their children’s college tuition. Sometimes students qualify for an in-state discount based upon their parents’ residence. In this article, I describe how different states grant reductions based on the family’s residency.

This post is part of a three part series addressing how divorcing parents might address higher education costs.  Yesterday, we addressed the question:   “How long is a parent required to pay support?”   Today, we’ll consider whether divorcing parents should agree to share the costs of their children’s college. The laws in the states where I practice do not require parents to pay college costs, but parents can agree in their divorce agreement to share in the costs.   Consider several questions before entering into an agreement to be sure your agreement is in the best interest of your child and your family.

Is your child starting college in next fall? Today, I’ll begin a series of three blog posts about divorce and funding college expenses. This series will address the laws in West Virginia, and the District of Columbia. If live in another jurisdiction, consult an attorney in your state.

Good news for mediators struggling to find low cost trainings for certification.  Many states, including Virginia, require continuing education for all court certified mediators.  This week, I’m finishing my work on a session approved for 2 continuing mediation credits for as little as $10.00.  The credits will be offered at session conducted throughout Virginia during the month of March, 2015.

This week, two of my colleagues, Mary Binns-Davis and Jeff Molenda,  completed the collaborative law training in Arlington, Virginia.  I’m very excited about this development since until this month, I was the only lawyer in West Virginia certified by the International Academy of Collaborative Professionals to represent parties in collaborative divorce. This means that West Virginians could not enjoy the benefits of collaborative divorce.  While I enjoy a wonderful relationship with a great group of collaborative professionals as part of my practice with the Collaborative Practice Group in Washington, it is great to be able to offer this option to folks living in West Virginia.

Yesterday, The West Virginia House of Delegates passed a bill that could make it much more difficult for many victims to recover medical expenses or other damages after an accident or a crime.  West Virginia H.B. 2002 abolishes “joint liability.”  Reading the bill may be pretty confusing, full of legal terms such as “comparative fault” and “joint liability.”  In this post, I’ll try to explain what it means and how this change in the law could impact you.  If you have been injured in an accident or if you are a victim of crime, this may make it more difficult for you to fully recover.

Creating a will, a power of attorney, or a living will can eliminate a lot of pain and hardship for your family.  This blog post provides some free information on how to create these documents and explains why they are important for you to develop.

When you are planning for a divorce and money is tight, there are a number of things you can do to save money. Both mediation and collaborative divorce are often a less expensive option. This blog post also provides some free materials that can help you file for divorce when you cannot afford an attorney in Virginia, West Virginia and Maryland.

After a divorce, families must restructure their holiday or Christmas celebrations  to preserve treasured traditions and to create new practices.  Even when the parents live miles apart, it is possible to co-parent during holidays. . Thinking through several questions, in mediation or in a collaborative environment, will help to create a customized plan for your family.  As both a mediator and collaborative lawyer, I am available to work with families to find the best solution for them after a divorce.

"What do we do about Christmas?"  This is a question that comes up in most mediations involving child custody.  In mediation or collaborative law, you can tailor your holiday celebrations with your children consistent with your own family traditions and celebrations.  Whether I’m working in a collaborative law case or in mediation, we work to make all holidays, including Christmas, peaceful, unique and special for the children.  As a lawyer and mediator with offices located in West Virginia and Washington, D.C., we can design the perfect holiday for the children, together.

Last week I enjoyed visiting the Appalachian Center at the University of Kentucky where I participated in a discussion about Appalachian cultural values and legal institutions. Typically when I participate in any discussion about legal institutions, issues arise pertaining to an increasing dependence in the United States on legal institutions to resolve broad categories of conflicts. This discussion was no exception. We considered issues related to resolving social problems and addiction through the criminal judicial processes.

Last week, I had the pleasure of participating in a conversation, a “SWAP,” at the Appalachian Center at the University of Kentucky.   The center, directed by anthropologist Ann Kingsolver, works to facilitate stronger connections between the UK faculty and students who are working with a focus on Appalachia.  The center also works to strengthen relationships between those of us doing work in the Appalachian region and UK.

Recently I volunteered with the West Virginia State Bar to answer phones on Tuesday night when we offer free information by calling a toll free state-wide hotline.  I had a number of calls, but one of them was very disturbing. This caller lost her in-home services provided by Medicaid when her attorney settled her case without addressing this issue.  For a very small settlement, the caller lost her in-home service provider and risked being placed in a nursing home.  With proper planning, this did not have to happen!

This weekend I had the pleasure of attending the Virginia Mediation Network’s annual fall conference.  As a member of the Board of Directors, I take great pride in being part of such a wonderful program.  The presentations and workshops were varied, representing the wide variety of contexts when mediation may effectively resolve conflicts.

Mediation has not historically occurred in criminal cases or quasi-criminal cases in the United States.  However, in the late 20th century, processes similar to mediation became employed in some cases.  These processes resemble mediation because they are usually voluntary, inclusive, informal, and allow for a more expansive list of options to resolve the underlying problems.  While mediation is almost always beneficial in civil cases, criminal cases must be evaluated on a case-by-case basis to determine if they are suitable for these processes.

Moving on after you have suffered an injury or loss can be difficult.  Mediation is often the best way to to resolve a civil case and be able to move on.  If selected early, mediation saves time and money for both parties in legal expenses.  Our office encourages clients to participate in mediation at the earliest possible date, often BEFORE filing suit, to be sure to gain the most benefit possible from early resolution.  In many states mediation is required in all civil cases before a trial is scheduled.  Even when you don’t reach an agreement during the first session mediation can be helpful.  About 98% of all civil cases settle before trial so it is likely that your case won’t go to trial.  Sometimes the progress made in mediation sets the matter up so that it will be more likely to settle quickly and fairly following the mediation.  Sometimes a further session is helpful.  If your case is resolved in mediation, you can expect a few steps to finalize the resolution.

Congratulations!  You just finished your mediation session and reached an agreement.  You may feel relieved that the pressure is over or excited that you have found a way to move forward in your life without the stress over litigation.  You may feel regretful that you didn’t get exactly what you were looking for when you first met with your attorney or filed the petition.  You may be wondering “ What if….”

After an accident, most of us just want to put the whole thing behind us! But how do we move on with so many bills?  A simple trip to the emergency room may result in five or six medical bills:  the ambulance, the hospital, the emergency room doctor, the radiologist and the prescriptions.  What can you do?  How can these bills be paid? 

Another term that does not appear in West Virginia law is “50/50.”  In this post I will describe the problem that arises when parents focuses on a 50/50 split of time between households.  To many “50/50” sounds fair—100% of the time the child’s time is split equally between the parents.  However, slashing the child’s time precisely in half may be “fair” to the parents, but harmful to the child.  In developing a parenting plan, parents who are more interested in the well-being of the children may want to change the focus from the question, “What makes this look fair to me?” to the question, “What schedule can we develop to best meet the needs of our child?”    

You won’t find terms such as “full custody” or “50-50” or “Schedule A visitation” in West Virginia's child custody statutes.  Rather, you’ll find provisions that allow for parents to work hard to create decision making processes and schedules that are tailored to meet the best interests of their child.   Parents who are separating should consider the options provided by mediation and collaborative law in deciding what is best for their children.  Our office provides mediation services and accepts custody matters when the parents are committed to collaborative processes to develop the parenting plan that is best for their child.