I believe most people don’t get wills today because they don’t think they’ll die tomorrow.  You know, they’re probably right.  I certainly don’t plan on dying tomorrow.  But I’ll be honest, I do plan on dying sometime. As George Bernard Shaw put it, “Do not try to live forever. You will not succeed.”  Since we know it’s coming, lets plan for it!  I’ve created a list of some of the life events that trigger the need for a will, a review of your will, and/or a revision of it.  If it turns out you need to revise your will, you may need to execute a codicil (an amendment to a will), or a draft a new will. So, let’s look at life’s big events and how they might affect your plans.

•  You’ve changed your mind.  You’re allowed to do that!  If you already have a will, perhaps you’ve formed a new friendship or relationship with someone you now want to include in your will.  Alternatively, you may have decided you no longer wish to provide for a person you currently have listed as a divisee in your will.  You’ll need to amend your current will to take care of these changes. 

•  You’ve gotten married. This is a big one.  If you don’t have a will, now is the time to get one.  If you have a will, you will have to change it.  You have a new cast of characters in your life:  new spouse, step-children, in-laws, etc.  Chances are you want to provide for your new family members.  You may want to exclude these new relations.  Either way, you will need to get/change your will.

• You’ve had a baby!  Determining who you want to have custody of your little one in the event of your death is one of the biggest issues to determine.  Also, though a new child may be properly covered under your existing will, he or she may instead be treated as a pretermitted child.  You will need to review the your current will to see if an amendment to include the new child is required.

• Someone playing a role in your will has died. When a devisee, such as a spouse, or some other designated person, such as the named personal representative, the named guardian/custodian of minor children, or any divisee passes away, you will likely need to revise your will. 

• You’ve acquired assets. If come into money or you’ve inherited money or property, you will need to review your will.  You may even need to start pursuing more advanced estate planning.

Call our office if you need to draft or update your will or talk about planning for your family.

An IEP  is a term for an Individualized Education Plan.  This is a document that is created by a team of individuals concerned with a child who has been determined to be eligible for special accommodations and modifications in the classroom because of a type of disability.

An IEP can be a plan for success for a child with a disability.  This document, if created and amended properly, has all of the relevant information to help ensure that child’s success in the classroom.

The IEP is created by a team of individuals.  The law requires there to be a special education teacher, a regular education teacher, a district representative, as well as the child and/or parents of the child.  Anyone else with special knowledge or expertise regarding the child may be included as well, and often times there are many other members of the team that participate in the discussions relating to the IEP. 

Included in the IEP document is a summary of the child’s “Present Levels of Performance”, which should show all of the child’s current testing numbers, current classroom observations and classwork skills, positives and negatives.  It should also include relevant goals and objectives  that the child needs to work on for the IEP period.  The IEP should establish the amount of time the child will spend in special education classes, related services (such as speech or occupational therapy), and regular education environments.  The IEP should also explain what types of services the child is eligible for and will receive.

Written correctly, the IEP can be a road map for the child, showing the best possible route for a child to follow to reach their destination.  Written poorly, the IEP can hamper any progress that child might make. 

If you are told that your child might need “special education” or an “IEP” or even some additional help, start your research IMMEDIATELY.  You will always be your child’s best advocate and best resource for information.  Learn as much as you can and never be afraid to ask!

In South Carolina, Child Support is generally ordered to provide for minor children, and a complex mathematical formula that I don’t know nor could I ever understand, is the basis for the calculations. 

Although it is impossible to create a complete list of “necessities” a custodial parent is required to provide for a child, the Child Support Guidelines are intended to provide for certain items such as:

•                 Food at home;
•                 Food away from home;
•                 Shelter;
•                 Utilities;
•                 Household Goods (furniture, appliances, linens, etc.)
•                 Clothing;
•                 Transportation;
•                 Ordinary health care; and
•                 Recreation

There are other things that can be considered necessities for a child which can be accounted as well.  The Guidelines are figured using some very basic numbers, and some of the things you might think are taken into consideration are not. 

The basic computation takes both the parents’ gross monthly income to come up with a base figure to work from.  The amount either parent is paying for other child support, the child’s health insurance, the child’s extraordinary medical expenses, and any amount paid for child care or day care are the only other figures that the Guidelines really consider.  Other expenses of the parents, such as mortgage payments, car payments, loans, debt, etc., are not taken into consideration by the formula.

As with anything legal, these Guidelines are just that, a guide.  When given good cause, a judge can order departures from those guidelines to make the child support order higher or lower .

Child support payments and court-ordered visitation are NOT linked!  If you are ordered to pay child support, you have to pay that whether or not you see your child.  Likewise, if you are ordered to give your child’s other parent access to the child for visitation, you cannot just cut off their time together because the other parent is behind on their child support payments.  Changes in circumstances, job and pay changes, amount you’re paying for insurance or child care, all need to be handled in a modification of the original order, not just by burying your head in the sand!

Custody, visitation, and child support are all hotly contested issues.  If you are having trouble enforcing a court order, or need a modification of a child support order, talk to an attorney sooner rather than later.  The longer you wait, the harder the issues can become.

Blogging.  They say it’s important.  They say it can get a lot of information out there. They say it can improve your business.  They say it can start conversations.

For once, I agree with whoever “they” is.  I think that dialogue is important and dialogue can effect change. 

We have been very busy at E H Robinson Law, working to be able to help our clients in a variety of legal matters.  I recently settled a Special Education due process case for a year of private placement for a South Carolina child.  We continue to offer services to the local areas for Criminal Defense and Family Court matters, as well as Accidents and Personal Injury.

Lynn Garrick, our newest attorney, is focusing on helping clients with Probate matters, debt resolution, and civil litigation matters.

We are a family here, and our clients become a part of our extended family.  We truly specialize in helping our clients navigate the legal system in every way possible.  We recognize that when someone comes to see us for a legal problem, it very likely is a turbulent and emotional time for everyone involved, and it is our goal to make the process as easy for our clients as possible.

We are always happy to get referrals from friends and contacts.  If we cant help you with your particular problem, we are well equipped to find you the appropriate person to help.  If you or yours ever need legal services of any kind, please pass along our information.