Newsletters::1997 October
From R-KIDS of MN and GPF
Upcoming Events
The next R-KIDS general membership meetings will be held from 7 to 9 PM, November 18 and December 16 at the Brookdale Hennepin County Library (meeting room in atrium outside of Library); 6125 Shingle Creek Parkway, Brooklyn Center (just south of 694/94 on Shingle Creek Parkway).
The House Judiciary subcommittee on Civil and Family Law is conducitng hearings on HF#1323, the Parenting Plan bill. We would like to encourage you to attend the hearings. It is really important to have a lot of people at the hearings to show our support of the bill. Two hearings were held in October. One hearing was conducted in Duluth and the other hearing was in Willmar. There are two more hearings: Rochester: November 13, 10 AM to 4 PM, Rochester Government Center, 151 - 4th St, Rochester, and St. Paul, December 2, 10 AM to 4 PM, State Office Building, Room 200, 100 Constitution Av, St. Paul (this hearing may go longer). To testify in support, you may call Rep. Dawkins' committee administrator, Chris Crutchfiled, at 612-296-3249.
The types of testimony that is needed: female custodial parent who went through a long, expensive and stressful custody battle who feels that the system should be changed; professional people who see the harm to children as a result of custody battles; police officers who know most juveniles who commit crimes are from single head of households; adult children who will testify about bad custody battle their parents had and the bad effects on them; judges who feel the family court system needs to be changed; stories about expensive and lengthy custody battles; stories about couples that were cooperative but after they went through the adversarial court system the people were hating each other; and stories from non-custodial parents about how their children have been harmed by having one parent removed from the children's lives. Please contact us if you know of someone or you fit the types of stories we are looking for to testify at the hearings.
Erickson Mediation Institute will be holding two informational/lobbying meetings. They will explain the bill and recruit people to help with the lobbying effort. Please attend one of these meetings if you are able to help get the bill passed or want more information about the bill. Dates: Thursday, October 30 and Monday, November 17. Time: 7:00pm to 9:30pm
Location: Northland Plaza Building, 3800 West 80th Street, First Floor Conference Room, Room 140, Minneapolis, MN (south east corner of Hwy. 494 and France)
Meaningful Family Law Legislation
HOUSE FILE #1323, SENATE FILE #1311
The bill we've all been waiting for has arrived! Rep. Andy Dawkins introduced the bill during last session. Steve Erickson, of Erickson Mediation Institute, headed up an ad hoc group of attorneys who drafted the bill. This bill replaces current child custody and visitation law with the concept of parenting plans. The corresponding Senate File is SF 1311, authored by Sen. Leo Foley.
R-KIDS strongly supports this legislation. We urge all members to contact your legislators now, and during the session, to let them know of your support for this bill. You have the most influence with your own state representative and state senator. We all need to join together to help get this bill passed. The bill has a great chance of passing this year but we all need to do our part.
The bill creates a presumption that both parents have equal rights and responsibilities regarding the future care of the children. It puts the current "joint custody" factors (i.e. whether the parents cooperate) into the "best interests" factors. This would make it harder for a parent, who has an upper hand because of past caregiving or a temporary order, from intentionally being non-cooperative in order to claim that joint parenting is unworkable.
The bill also changes the law on long-distance moves. It shifts the burden of proof to the parent requesting the move.
Statistics show that it is best for children of divorce to have a relationship with both parents and for there to be the least amount of conflict between the parents. The nature of the adversarial process where the courts determine a custodial and non-custodial parent, creates great conflict between the parties.
The bill shifts the focus from which parent is more unfit to how two parents are going to parent the children after the divorce. The "Parenting Plan" concept has received a lot of support from the legislators. Many legislators know that the current system is not working. We believe this bill will accomplish most of the needed improvements to the current unsatisfactory system. Parenting Plans are being used in other states.
The bill changes the divorce process from an adversarial system where both parties write nasty affidavits about each other to a mediated process where both parties can win. Mediation is best thought of as a process of conflict resolution whereby the parties are encouraged to find the best result they can for themselves by using cooperative negotiation skills rather than a competitive or adversarial process.
The bill is still being revised as to its impact upon child support. Rep. Dawkins has drafted one amendment but he is having meetings with the Department of Human Services to work out their concerns. The main concern of the bill is to unhook the award of child support and custody. The bill provides for three ways of paying child support: 1. The current method were cash is given from one parent to the other. 2. Setting up a children's check book, where both parties will put money into an account and only expenses of the children will be paid out of the account. 3. Parties will be obligated to pay for certain expenses of the children, without any exchange of cash to either party. The bill also provides for a combination of the three methods.
What you can do help get HF#1323 passed:
- Please call or write your State Representative and State Senator. Ask them to support House File #1323 and Senate File #1311. If you have time, you can tell them why they should support this bill. (If you do not know who your state legislators are you can call the Capitol at 612-296-2146. They can give you the name, address, and phone number of your legislators.)
- Join the lobbying effort by calling Erickson Mediation Institute at 835-3688 or attend one of the informational meetings.
- Call or write to any other legislators that you know and ask them to support the bill.
- Call all your friends who are non-custodial parents, or who share your views regarding this legislation, and have them contact their legislators as well. Feel free to copy and disseminate this newsletter.
- Please send a copy of all of the letters you write to R-KIDS, PO Box 21-482, Eagan, MN 55121 and to Rep. Andy Dawkins, 409 State Office Building, St. Paul, MN 55155.
Your letters are important. Five letters to one legislator on the same subject is a lot. Get your friends and relatives to write letters too. One person can make a difference! Let's join together and help get this bill passed. Everyone needs to do their part. Do not put off until tomorrow what you can do today.
For a copy of the bill, call 612-296-2314, or go to the legislature's Web page at www.leg.state.mn.us.
Tim Theisen
Letter Writing Campaign
The Summer 1997 R-KIDS newsletter had information on our letter writing campaign. Has anyone written letters and have you received a response? Please keep R-KIDS informed of your efforts by sending a copy of your letters to the R-KIDS PO Box. The legislators, the governor and the attorney general need to hear your stories! It is important for you to tell them what is happening to you in the court system, with the counties and with DHS. If they do not hear about your problems they think there are no problems. We want to change the Family Law system and we need to all join together to make the system better. Get your family and friends to write letters too.
You have the strongest influence with your State Representative and State Senator. Please contact them by writing them and meeting with them. If you do not want to meet with them alone please call the R-KIDS hotline at 612-770-6164 and we will line up someone to go with you.
We also need to get people's stories about the problems you are having with the ALJ system and ideas on ways you would like to make the system better. We still need your child support stories and the problems people are having with DHS and the counties.
When you write a letter you need to keep it short, one to two pages. Keep the letter to a few subjects. Please watch the tone of your letter. Do not sound angry or attack your legislator. State the facts and make suggestions on how you think the system could be improved to solve your problems.
People to write:
Governor Arne Carlson 130 Capitol, St. Paul, MN 55155
Attorney General Hubert "Skip" Humphrey 102 Capitol, St. Paul, MN 55155
Department of Human Services Laura Cadwell (Director) and Christa Anders Child Support Enforcement Division 444 Lafayette Road, St. Paul, MN 55155
Send letters about Child Support and Guardian Ad Litem problems to: Rep. Matt Entenza 421 State Office Building, St. Paul, MN 55155 Senator Richard Cohen 317 Capitol, St. Paul, MN 55155 Senator David Knutson 133 State Office Building, St. Paul, MN 55155
Send letters about all Family Law problems to: Rep. Andy Dawkins 409 State Office Building, St. Paul, MN 55155 Senator Leo Foley G-9 Capitol, St. Paul, MN 55155 Rep Wes Skoglund 477 State Office Building, St. Paul, MN 55155 Senator Jane Ranum 306 Capitol, St. Paul, MN 55155
Keep writing to the people as stated in the last R-KIDS newsletter. Please share with us the responses you receive from your letters. Everyone needs to do their part and we will be able to effectuate change together.
Non-custodial Fathers Want To Help Their Children
BAD NEWS - ANOKA COUNTY, FALL, 1997
A desperate 14-year old girl asked her father to request of the court that she be allowed to live with him. Rather than granting the girl's request, the Judge, in a delaying tactic, ordered a study of the father and of the girl's home. This is expected to bring the full weight of Anoka County against the father, who no doubt will have to pay for the study. Further, the Judge ruled that the father must have influenced the daughter so visitation must now be supervised. Visitation is to take place for 2 hours each month at a government building. There will be no dining out, no entertainment.
The Judge also ordered the father to pay $1500.00 to the mother's attorney. As a further injustice, the father has been unable to afford support payments and is scheduled for a hearing on delinquent support. At this hearing, they will decide if he keep his license to work, or to drive to work, or to drive to visitation with his daughter.
GOOD NEWS - RED WING, GOODHUE COUNTY, FALL, 1997
An unmarried Service Man wanted to visit his child. First, he petitioned the court in order to establish paternity. Next, he tried to get visitation but was denied by the court. His commanding officer got involved. Senator Wellstone got involved, as did the National Representative, an R-Kids member and the local press.
At the subsequent hearing, the Judge asked how many in the gallery were members of the press. About 70% of the people raised their hands. Members were from the local newspaper, local radio and local television. The Judge suddenly became very nervous, walked back and forth, into chambers, and back to the court.
He had decided that the people involved should work out the matter themselves. In 45 minutes the matter was resolved, and the people were back in court. He asked the County Attorney if she was satisfied with the agreement. She said sourly "I guess so". This matter is being written up in the Redwing newspaper.
However, the Judge illegally ordered the father to pay child support of $600.00 out of his $820.00 per month take-home allowance. Note that this is 73% which is more than is allowed by the federal Consumer Protection Act, title 15, section 1673(b). This act states that the maximum amount is 50% if the payer is supporting another spouse or child, otherwise 60%, with 5% added if in arrears by more than 3 months.
BAD NEWS - MINNESOTA, 1997
Law enforcement will occasionally, upon being asked, assist in enforcing court orders for visitation. One R-Kids member reports this response from an Officer Gertner. "This is like J-walking. It is insignificant. We don't have enough people to enforce the laws because we don't have enough resources."
Knute Gladen
One For Father
Star Tribune, June 23, 1997, page E5. By Steven Ginsberg, The Washington Post
Dads do OK balancing work, family, study says. … Single fathers head 1.5 million households, compared with 57,000 in 1975.
Smoking Could Result In Lost Custody Case
Star Tribune, June 23, 1997, page E5. By Jim Fitzgerald, The Associated Press
White Plains, N.Y. - if you can imagine yourself in a battle for custody of your children, divorce lawyer Alan Scheinkman has some advice: Don't smoke. … The parent who's willing to smoke in the same room with an asthmatic child shows more self-centeredness and less selfless regard for their child than one who won't." says Ann Oldfather, a divorce lawyer in Louisville, Ky. … In 1990, a Tennessee court awarded custody of an asthmatic boy to his father because his mother smoked in front of the child, even in an automobile. Similar rulings have come in Connecticut, Delaware, Minnesota and New Jersey, all since 1993.
Knute Gladen
Study Finds That Kids Do Better at School when Dad is Involved
The Minneapolis Star Tribune reported October 3 that a new Department of Education study has found that fathers' participation in their children's schools boosts the children's performance, and wards off misbehavior and academic failure. Among children whose fathers alone were highly involved at schol, almost half got mostly A's on their report cards. When the mother was also involved, the addition of the father's participation was also linked to high academic performance.
Vice President Gore released the study on October 2. Gore has been involved in encouraging fathers to participate in children's lives.
Tim Theisen Give to RKIDS Charitable Fund
R-KIDS Charitable fund is a tax exempt, 501(c )(3) foundation. The proceeds WILL NOT BE USED FOR LOBBYING. The fund currently needs money to fund a video on parental alienation syndrome, a seminar on parental alienation syndrome, and to start a legal defense fund. Send your tax deductible donation of $25, $50, or $100 today! Make checks payable to R-KIDS Charitable Fund. Send donation to the R-KIDS PO Box on your return address.
Child Tax Credit
Starting in 1998 a new credit against tax is available to parents. The credit is $400 per child in 1998 and $500 per child in 1999 and thereafter. The credit is available for a "qualifying child." This means a child, descendant, stepchild, or eligible foster child for whom the taxpayer may claim a dependency exemption and who is less than 17 years old at the end of the year. It appears from the new act that if the dependency waiver has been signed in favor of the noncustodial parent, then the noncustodial parent will be able to utilize the tax credit as well. The child must be a US citizen.
The credit is "phased out" starting at $110,000 of modified adjusted gross income for joint filers, $55,000 of modified adjusted gross income for married filing separate filers, and $75,000 of modified adjusted gross income for singles.
The credit is treated as a component of the earned income credit. It is integrated with the earned income credit to prevent the child tax credit from reducing the earned income credit otherwise eligible for refund.
Jeff Rose, CPA, Brooklyn Park
New "Education IRA" To Take Effect In 1998
Another provision of new federal legislation involves the "Education IRA." Up to $500 in donations per year can be made (although not tax-deductible) to a specially-designated education IRA, starting in 1998. The upside is that the earnings will be tax-free when they are withdrawn for use as bona fide college costs.
Additionally, rules relating to traditional IRA's have been relaxed, so as to allow withdrawals without penalty for college costs.
Many noncustodial parents have no problem supporting their children; it's supporting the ex with more funds than the children actually cost that is often a hangup. Negotiation to start an Education IRA in lieu of paying higher support may sometimes be a viable option.
Tim Theisen
R-KIDS To Start Web Page
R-KIDS will soon be on the Internet, thanks to a member who is volunteering his time to develop the page. We hope to have more details and our site name in the next issue, which is slated to be out in January.
New Board Member
At the board meeting on September 4, the number of directors was increased to nine, and Jamie Phelps was added on to the R-KIDS board. Welcome Jamie!
News Articles
ANN LANDERS, Star Tribune, Sept 2, 1997, page E9
Visitation woes
Ann says: One of the ugliest aspects of divorce rears its head when one or both parties use the children as a club to beat the other. It appears that this is what is happening in your case. Is there someone who can appeal to your ex-wife's sense of decency (a clergyman, family doctor, close friend or family member) and explain that the daughter is going to walk out of her life permanently at the first legal minute if she doesn't loosen up? I hope so for the welfare of all concerned.
ANN LANDERS, Star Tribune, July 21, 1997, page E9
Gem of the Day
It used to be "Spare the rod, and spoil the child." Today, it's "If you use the rod, you could land in court."
DEAR ABBY, Star Tribune, July 14, 1997, page E9
Dad says 'deadbeat mom' squanders child support
Dear Abby: (The mother spends her child support on drugs. The son was sleeping in a borrowed sleeping bag, because his mother would not spend money on a bed for him, even though she was living rent-free with the latest boyfriend). Single dad in San Diego
Abby says: Your son may need more than money and the bed you have provided for him. His mother is hardly a model of responsible behavior. … you, as the more responsible parent, should be talking with your lawyer about increasing your visitation or obtaining full custody. The more opportunity your son has to live in a healthy environment, the better his chances are for a successful future.
DEAR ABBY, Star Tribune, July 3, 1997, page E11
Divorce shouldn't end parental influence
… Ten years after the divorce, I began an effort to find my father. I located his mother, which resulted in her contacting my father. Ten minutes after I spoke with my grandmother, my phone rang and my father was on the other end. It was, needless to say, a very emotional phone call. I realized that after many years with no communication, I had built up tremendous reserves of anger, resentment and bitterness. I had hated my father for not loving me.
It turned out that he had loved me very much. He had been afraid to contact me for fear that my mother would have him arrested if he appeared in Virginia, or if she discovered where he lived. A year after our first conversation, I flew out to see him. It was a trying yet rewarding time, as we began to get to know each other all over again. …
Knute Gladen
