Disagreements about pets can quickly escalate and lead to litigation. Increasingly, people have been turning to mediation to resolve these issues. In mediation, a neutral party guides discussions between disputing parties so that both sides can share their points of view and work together to create acceptable solutions. This article provides some examples of instances in which mediation can prove a productive alternative to litigation.

Q:       How do I talk to my neighbors about their barking dog?

A:        Having this conversation on your own is often frustrating and may even be dangerous. It is wise to schedule the discussion in a neutral location and not while anyone is angry, preferably in a community or private mediation setting. A neutral setting generally helps to keep the parties’ anger at bay. Community mediation services are often free, or you can hire an independent mediator and split the cost between the neighbors.

Q:       I am getting divorced and my spouse wants me to pay to keep the dog. How can I stop him from holding the dog for ransom?

A:        Frequently, ‘Who gets the pet?’ is the final sticking point in divorce. These conflicts are often about much more than money. If your attorney is unable to hold an effective discussion about the costs of keeping the dog, you may choose to hire a mediator to help guide the conversation. A mediated discussion will, for example, help to clarify why the pet is important to both parties rather than focusing on the cost of keeping the pet.

Q:       My dog has a congenital defect, and the breeder isn’t willing to talk to me about the problem.  How do I get some answers and reimbursement for costs without suing the breeder?

A:        Getting the parties to discuss such an issue can be a challenge, and your initial approach is key to a successful resolution. First, get all the clinical information about the health of your dog, including a brief letter from the vet outlining the medical findings. When you speak to the breeder, try to avoid an accusatory tone and use the term “we” instead of “you” to indicate your willingness to work together to find a solution. Breeders often see health complaints as a criticism of their entire breeding program, even though unfortunate things happen even with the best of breeders and breeds. How you approach a solution makes a big difference in the outcome, so a mediated discussion is often beneficial.

 Q:      A vet gave my dog a drug I specifically said should not be used. I want to talk with the vet and maybe get some money back for the cost of follow-up treatment. Is there anything I can do short of litigation?

A:        Veterinarians must sometimes make split second decisions about how best to save a pet. Afterwards, their hands are often tied by the terms of their malpractice insurance when it comes to discussing the case with a client. If you want to speak to your vet, refrain from using the words “I am going to sue you” and leave your emotions at the door. Approaching a vet to discuss best practices is difficult in the best of circumstances, so if you want to have this conversation, approach it from a position of wanting knowledge rather than trying to prove a position.

Q:       My mother is moving to an assisted living facility that permits dog, but I’m concerned that she will not follow the facility’s pet rules. How can I help my mother keep her dog while assuring the facility that the rules will be followed?

A:        It can be difficult to initiate discussions between your mother and the facility owner about pet rules that help the facility function. If your mother and the facility owner can talk about why the rules are necessary, they may then be able to discuss how to make these rules meet everyone’s needs. To facilitate this discussion, you may want to consider hiring a mediator who specializes in elder conflicts. By asking the right questions, a mediator can help the parties discover where they agree and disagree, and find a solution for the conflict.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Debra Vey Voda Hamilton, Esq., Hamilton Law and Mediation (www.hamiltonlawandmediation.com). Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Q:       I just got married, and am wondering how that might affect my taxes.
A:        A change in your marital status can affect your taxes. Often, you can benefit from this change by filing your taxes jointly rather than separately. The IRS provides the following tips to help you prepare for your new status as a married person:

• It is important that the names and Social Security numbers that you put on your tax return match your Social Security Administration records. If you’ve changed your name, report the change to the SSA. To do that, file Form SS-5, Application for a Social Security Card. You can get this form on the Social Security Administration website at SSA.gov, by calling 800-772-1213 or by visiting your local SSA office.
  
  
• If your address has changed, file Form 8822, Change of Address, to notify the IRS. You should also notify the U.S. Postal Service if your address has changed. You can ask to have your mail forwarded online at USPS.com or report the change at your local post office.
  
  
• If you work, report your name or address change to your employer. This will help to ensure that you receive your Form W-2, Wage and Tax Statement, after the end of the year.
  
  
• If you and your spouse both work, you should check the amount of federal income tax withheld from your pay. Your combined incomes may move you into a higher tax bracket. Use the IRS Withholding Calculator tool at IRS.gov to help you complete a new Form W-4, Employee's Withholding Allowance Certificate. See Publication 505, Tax Withholding and Estimated Tax, for more information.
  
  
• If you didn’t qualify to itemize deductions before you were married, that may have changed. You and your spouse may save money by itemizing rather than taking the standard deduction on your tax return. You’ll need to use Form 1040 with Schedule A, Itemized Deductions. You can’t use Form 1040A or 1040EZ when you itemize.
  
  
• If you are married as of Dec. 31, that’s your marital status for the entire year for tax purposes. You and your spouse usually may choose to file your federal income tax return either jointly or separately in any given year. You may want to figure the tax both ways to determine which filing status results in the lowest tax. In most cases, it’s beneficial to file jointly.

Q:       Where can I get more information?
A:        For more information about these topics, visit IRS.gov. You can also get IRS forms and publications at IRS.gov or by calling 800-TAX-FORM (800-829-3676).

This “Law You Can Use” column was prepared by the Ohio State Bar Association (OSBA). The information was provided by the Internal Revenue Service (www.IRS.gov). The column offers general information about the law. Seek an attorney’s advice before applying this information to a legal problem. For more information on a variety of legal topics, visit the OSBA’s website at www.ohiobar.org.

The Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) generally provides that certain qualified beneficiaries who lose coverage under an employer-sponsored health plan may elect to continue coverage under the plan in certain situations. COBRA applies only to employers with 20 or more employees. If an employer has fewer than 20 employees, those employees may have continuation coverage rights under state continuation coverage law (sometimes referred to as “mini-COBRA”) rather than COBRA. This article provides an overview of Ohio law on health plan continuation coverage under Ohio’s mini-COBRA provisions.

Q:       My employer has fewer than 20 employees and my employment has just been terminated. Am I eligible for health coverage under the Ohio continuation law?

A:                    To be eligible under the Ohio continuation law, you must have been:

1)    continuously insured under a group policy during the three-month period before your employment was terminated;

2)    involuntarily terminated for reasons other than gross misconduct; and

3)    not covered or eligible for coverage under Medicare, or under other group coverage.                    

You should check the terms of your former employer’s group insurance coverage to determine what continuation benefits you may be entitled to receive.

Q:       How long might my coverage last under the state continuation law?

A:        Your coverage may continue for up to 12 months.

Q:       What benefits may be continued under the state continuation law?  

A:        The continuation coverage requirement covers hospital, surgical and major medical benefits. In addition, continuation coverage must include prescription drugs if this coverage is included in the group coverage. Continuation need not cover dental or vision care.

Q:       How do I go about electing continuation coverage?

A:        You must apply within the earlier of:

1)    31 days of losing coverage;

2)    10 days from the day your coverage would otherwise end if you received notice of continuation rights before you lost your coverage; or

3)    10 days from the date you received notice about continuation coverage, if you received such notice after you lost your coverage.

Q:       Must employers in Ohio with fewer than 20 employees notify employees of the right to continue coverage at the time they are involuntarily terminated?

A:        Yes. Ohio law requires small employers to notify an employee of the right to state continuation coverage when the employee is notified of the employment termination. This notice must include details of the required monthly payment amount for continuation coverage (including the manner of payment). 

Q:       What if my former employer does not agree that I am eligible for group continuation coverage?

A:        You may contact the Ohio Department of Insurance (ODI) at (800) 686-1526 if you believe the insurance company is not complying with state group continuation coverage rules, or to get more information about state continuation law. Information is also available through www.insurance.ohio.gov (type “COBRA” in the search box).

     

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Jason Rothman and Charles Billington, attorneys in the Cleveland office of the international labor and employment law firm of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.

Generally, you can finance a home through a conventional mortgage, a government-guaranteed mortgage, or through seller financing.  This article focuses on residential financing through the use of conventional mortgages and government-guaranteed mortgages.

Q:       What is a conventional mortgage, and how can I get one to finance my home?

A:        A conventional mortgage is a loan that a lender (such as a bank or a mortgage company) makes to a buyer. A conventional mortgage generally follows guidelines set by Fannie Mae or Freddie Mac, two mortgage associations that the U.S. government originally created to raise home ownership levels. Although created by the government, Fannie Mae and Freddie Mac do not guarantee home loans (unlike VA and FHA loans, which the government guarantees). When shopping for a conventional mortgage, you will compare interest rates and terms. Most conventional mortgages have fixed or adjustable interest rates. Typical fixed-rate loans have a term of 15 or 30 years. A shorter-term loan generally carries a lower interest rate. Adjustable-rate mortgages (ARMs) fluctuate, so your monthly payments can go up or down according to the rate of a standard financial index. Before agreeing to give you a conventional mortgage, the lender will review your financial history, income and credit score. Generally, you will need an excellent credit score to qualify for a conventional mortgage with a good interest rate. The standard down payment for a conventional loan is currently 20 percent of the purchase price.

Q:       What are the benefits of getting a conventional mortgage?

A:        Typically, conventional mortgage loans are less expensive over the life of the loan than government-guaranteed loans. 

Q:       What are the drawbacks of a conventional mortgage?

A:        Some borrowers have difficulty qualifying for a conventional mortgage because they cannot meet credit score or other documentation requirements.

  

Q:       What is a government-guaranteed loan, and might I qualify for one?

A:        Government mortgages are guaranteed either by the Federal Housing Administration (FHA) or the U.S. Department of Veterans Affairs (VA). This means that the government guarantees that the value of the home will be high enough to repay the lender in the event of foreclosure.  To qualify for a government loan, you must meet the requirements of the loan program you choose.  VA loans are for military veterans.  FHA loans are typically for first- time home buyers and have income limitations.

Q:       What are the benefits of getting a government-guaranteed loan?

A:        There are two primary benefits. Initially, and for many new home buyers, the most important benefit is that the lender will loan you a much higher percentage of the purchase price. FHA and VA loans typically cover nearly 100 percent of the loan as compared to the home’s value, while a standard mortgage covers no more than 80 percent of this “loan-to-value” ratio. Secondly, a government program generally doesn’t require as high a credit score as conventional financing does.

Q:       Are there any drawbacks to financing my home through government -guaranteed loans?

A:        Yes. The government insurance component is not free. As a borrower, you would pay an insurance premium to the government that can be as much as three percent of the loan amount, depending on the loan-to-value ratio. Also, not everyone qualifies for government-guaranteed loans. A VA loan is intended for veterans and FHA loans are restricted to those who qualify according to income and other criteria. Additionally, government-guaranteed loans require inspections by certified inspectors and will require certain repairs to be made. Many sellers do not like working with buyers who use government-guaranteed loans because of these requirements and because some fees traditionally paid by buyers are required to be paid for by the seller.

Q:       What if I don’t qualify for a government-guaranteed loan and don’t have 20 percent down payment money for a conventional mortgage?

A:        You can also consider getting private mortgage insurance so that you can borrow more than 80 percent of the value of the home you want to buy.  Private mortgage insurance increases the overall cost of the loan, and this cost is built into your payments or financed through a higher interest rate.

Q:       How do I find out which loan is right for me?

A:        Any reputable, full-service mortgage lender will offer both standard financing and government- guaranteed financing, and will be able to explain the product options to you.

            The Department of Housing and Urban Development (HUD) provides information about mortgage loan shopping and the home buying experience. HUD’s mortgage borrower’s information booklet is available at:  www.hud.gov/buying/booklet.pdf.

This “Law You Can Use” column was provided by the Ohio State Bar Association. It was prepared by Dublin attorney William C. Heer III, vice president and counsel for First American Title Insurance Company. Articles appearing in this column are intended to provide broad, general information about the law. Before applying this information to a specific legal problem, readers are urged to seek advice from an attorney.