Summer Child Care Checklist

Planning on sending your kids to camp this summer, or having a care-share schedule? Looking to split transportation costs with other families, or searching for a teenage babysitter for those summer nights? When planning your summer child care decisions, there are seven common legal issues to consider:

1. Medical Care Decisions. Want to make sure your babysitter or extended family member can authorize medical care for your children for that nasty bee sting or twisted ankle at camp? Then have them sign a child care authorization. This form can provide coverage for others to make decisions about your child’s medical care when the kids are out and about this summer.

Also, if your child takes any medication, it’s a good idea to ask for the medication policies at camps or other extracurricular programs. These policies can give you a heads up on whether you need to include the child’s prescription, or if they have set times of day when medication is administered.

2. Car Insurance. If you plan on sharing transportation this summer or allowing your babysitter to use your car, make sure that you have updated your insurance policy to cover additional drivers. If your babysitter is using their own car to drive your kids around, think about what car insurance you want them to have.

It may be a good idea to talk to other parents about their policies on insurance if you are going to share transportation this summer.

3. Babysitter Policies and Contracts. If you use high school or college students for babysitting this summer, it may be a good idea to write out a short list of do’s and don’ts for your house. This simple do’s and don’ts list could be less detailed than a full nanny contract is, but it should at least have clear guidance on pay rate, bedtimes, food, screen time, expectations on when calling you is appropriate, emergency contact numbers, and policies for having visitors.

Just like employees get handbooks when they show up on their first day of work, it’s a good idea to have your babysitter informed about your expectations, even when it’s a one time thing or just for the summer.

4. Nanny Tax. The IRS maintains that if you pay a caregiver more than $1,900 per year, you have to pay employee taxes. Summer hours and pay can add up and if you think your part-time babysitter is going to earn more than $1,900 this summer, you should talk to a tax professional to understand your obligations.

5. Will or Trust. If you plan on taking a vacation away from home this summer, it’s a good idea to spend some time to create or update your will.

When I was growing up, my family always left a detailed list of instructions on the kitchen table when we left for vacation, in case something happened. This list was to be used in the event of an emergency to deal with issues like:

Who would take care of the dog 

Working through what you want to happen in the event of an emergency can be overwhelming, but my family found that it brought us closer. If you have young kids, it may be especially important to minimize the potential chaos in the event of an emergency.

6. Emergency Contact List. Make sure your child has an emergency contact list in their backpack this summer with all your important information. It’s a good idea to put both an email and a phone number to make sure you are easily reachable in the event of an emergency.

7. Education Programs. Is your child doing summer tutoring or completing a summer honors program? Make sure you have spoken with the program to determine whether the activity meets your child’s Individual Education Program (IEP). It’s a good idea to keep track of all the program information for future conversations with your child’s teachers. Summer programs often serve as a good starting place for education discussions in the fall.

These are just some of the important legal issues to consider when planning your summer! Just remember to have fun on those long summer nights. Contact amanda@gordonfamilylaw.com for more information. 

Test Tube Trouble

Ever wonder what would happen if you donated to a sperm bank? A divorcing couple in SF is battling over the frozen embryos this week. Check out more by clicking through the link below. 

http://www.insidebayarea.com/california/ci_28473073/destroy-or-not-frozen-embryos-at-center-california

What is FL 115 or Proof of Service of Summons?

Experienced family law attorneys in the San Francisco Bay Area will tell clients that to prove to the court that your spouse or domestic partner has been served in the right way, the person who served these forms must fill  out a FL 115 and give that form back to the Court - this is called a Proof of Service of Summons. 

You need to send this form to the Court before your divorce can be finalized. Contact amanda@gordonfamilylaw.com for more information. 
Check out our other posts on Divorce Process by clicking the category below or to the right.  

Legal Guide to Elopement

Feeling romantic and spontaneous after the recent Supreme Court decision on gay marriage? Itching to tie the knot with someone special? You are not alone. The Supreme Court of the United States recently proclaimed in Obergefell v. Hodges that,

[m]arriage is sacred to those who live by their religions and offers unique fulfillment to those who find meaning in the secular realm…. Rising from the most basic human needs, marriage is essential to our most profound hopes and aspirations.

But don’t move too fast. Here are five important legal issues to keep in mind if you are considering eloping with your sweetie to the nearest chapel:

1. You Need A Marriage License

Each state has different standards for obtaining a marriage license. For example, in California, both parties must appear in person and bring valid picture identification to the County Clerk’s Office to apply for a marriage license.

In some states, like Louisiana, there may even be a waiting period of up to three days before and after receiving your marriage license.

You may have heard that you need a blood test to get married. This is mostly myth. However, until recently, some states, like Mississippi, required a blood test to obtain a marriage license. However, today you can get married in most states that used to require a blood test by simply waiving the blood test requirement through informed consent.

2. Prepare for the Costs

The cost of a marriage license varies state by state and can be reduced by your own level of your preparation.

For example, Georgia has a program where all fees associated with your marriage license can be waived so long as you show proof of completion of an approved premarital counseling course. Generally, fees for marriage licenses are around $100 to $200 with the fee for the license and any subsequent copies. But buyer beware: as cheap as getting married may be, divorce is still very expensive and filing fees for divorces are rising to $450 in some counties in California.

3. You will need an Officiant

The person who marries you is called the marriage officiant, and this person can be a clergyperson or otherwise authorized individual. Remember how Joey married Monica and Chandler in Friends? Depending on your state, many different types of individuals are authorized to perform weddings, including ship captains and Medicine Men or even shamans.

In California, anyone who officiates a wedding is required by law to complete the marriage license and return it to the County Recorder’s office within 10 days of the event for registration. Each state will have its own requirements so be sure to check with your state and county on who can officiate your wedding.

4. Elopement means alone, right? Wrong.

Nope, some states require that you must also have at least one witness present at your ceremony. These requirements are varied as other states required at least two witnesses, and some states, like Florida, do not require any witnesses. It is best to check with your local county to be sure about the witness requirement.

5. Make sure you do your homework.

Depending on your state you may have to read information about marriage and make a sworn affidavit before obtaining a marriage license. For example, in Florida all newlyweds must certify that they have read the Family Law Handbook created by the Family Law Section of the Florida Bar.

While many states do not require this step, as a family lawyer, I recommend that everyone consider aprenuptial agreement or at least understand what your state’s property laws entail upon dissolution before taking the plunge. Elopement and prenups are a bit antithetical as California requires that (1) Both parties must be represented by separate independent attorneys, (2) disclose fully their finances (including any assets and debts), and (3) the final form of the agreement must be in the hands of each party at least seven days prior to signing the document. The prenup requirements can put a damper in the honeymoon planning, but as a family lawyer, I’d rather be safe than sorry.

Enjoy the summer wedding season and plan accordingly!

Is mediation right for me?

·       Are you and your spouse committed to a process that relies cooperation and compromise?
·       Do you want to limit the effects that litigation will have on minor children?
·       Do you want to jointly decide on a post-divorce plan, rather than have a judge decide how you will divide your marital assets and care for your children?
If you answered yes to the questions above, then Mediation is right for you.