Navigating Divorce with Special Needs Challenges: Dr. Price’s Insights on Justice and Inclusion
In this episode of Doing Divorce Different, host Lesa Koski welcomes Dr. Price—a trailblazing attorney, educator, and autism therapist—who shares her extraordinary journey of combining legal expertise with a deep commitment to justice and special needs advocacy.
With over 25 years of experience as a civil trial attorney and prosecutor, Dr. Price has served as an expert witness and consultant in more than 75 cases involving special needs issues. She brings a unique perspective to the table, highlighting the intersection of law, public service, and personal advocacy.
Now an esteemed professor and Academic Program Director at National University, Dr. Price continues to shape future leaders, drawing on her award-winning teaching skills and unparalleled dedication. She’s also trained in the Judevine method for autism therapy, providing an added layer of insight into the needs of individuals with special needs.
Tune in for an inspiring conversation about breaking barriers, finding purpose, and leading with compassion.
Key Takeaways:
00:00 Introduction and Guest Welcome
00:18 Peggy's Background and Personal Story
02:36 Challenges of Divorcing with Special Needs Children
07:11 Financial and Legal Considerations
11:22 Parenting Plans and Custody Arrangements
15:26 Support Systems and Resources
31:33 Conclusion and Resources Dr. Price’s legal background intersects with special needs advocacy
Transcript
Welcome listeners.
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:I feel blessed that you're here today
and I'm so thankful, these amazing
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:people that I get on my podcast
and we're gonna learn so much.
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:I've got.
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:Dr.
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:Margaret Price with me and Margaret.
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:Can I call you Peggy?
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:I think I can.
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:Please do.
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:Yes.
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:So, and this is a thing we're
gonna get to know Peggy a lot more
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:through our conversation through
this 30 minutes or so, but the
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:reason she's, um, really sparked my
curiosity is she's, um, an attorney.
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:She's done divorces, I believe, Dr.
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:Price.
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:Have you been divorced?
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:Yes.
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:Here's the thing that really stuck
out to, stuck out to me was that you
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:specialize in special needs children
and cases, and I might, you're gonna
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:make me better at what I do because
when I mediate, I do have those cases
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:once in a while and they're tricky.
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:And, um, I, you know, I don't always know.
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:I have to learn as I go.
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:So this podcast is gonna be about.
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:Special needs kiddos going through divorce
and it's gonna be a really fun story.
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:We're gonna get to know Peggy.
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:So Peggy, welcome.
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:Um, you've got a lot of education,
you're an attorney, but not only are
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:you an attorney, you're a professor, you
also are a trained, trained therapist.
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:Autism.
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:Autism, and I'm assuming
you were passionate about
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:that because of your child.
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:Is that true?
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:Speaker 2: Yes.
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:I have now a young adult child with autism
who was diagnosed back in the:
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:in what they call the dark ages of autism.
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:Speaker: Mm-hmm.
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:Speaker 2: We've come, that's when
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:Speaker: my oldest kiddos were
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:Speaker 2: born.
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:So I get that era.
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:Yes.
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:And I got divorced when my
child was six years old.
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:Oof.
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:And still nonverbal.
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:And that was, you would think
it was a tough divorce because
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:the father is also an A lawyer.
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:Oh, I didn't know that.
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:No, but what I explain to
people is generals hate war.
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:Yeah, because they've lived it.
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:They've seen it.
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:Same thing with a lot of lawyers.
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:We know how ugly a divorce can
get, so ours was totally civilized.
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:Yay.
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:Speaker: I love your story
because you know I'm doing divorce
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:different, that's what I talk about.
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:That's all I wanna talk about.
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:So listeners, if this is the
only thing you get out of
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:today, you can do this amicably.
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:If you both put your minds to it.
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:Speaker 2: It often helps to
have some it, because usually a
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:divorce is not with lawyers on
both sides as the parties, right.
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:So it usually helps to
have a third person who.
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:Doesn't want to pour
gasoline on the flames Yep.
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:To guide the parties through
to have a civilized divorce,
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:especially if they have children.
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:Mm-hmm.
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:Whether those children have special
needs or not, because the, the
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:parents need to work together for
the rest of their lives mm-hmm.
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:On raising the child and, you
know, you don't stop being a
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:parent when your child turns 18.
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:Right, and I, I saw far too many
tragic cases when I was practicing law.
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:I'm full-time academia now, um, in
which I would warn my client and
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:in, in the hearing of the other
other party, that one day their
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:child would graduate high school.
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:Graduate college, get married,
have kids, did they want to ruin
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:all of those moments because of a
temporary fight during the divorce?
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:Right?
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:Because those fights, those
battles destroy relationships
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:and it's not fair to the kids.
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:Nope.
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:So we, so we had an
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:Speaker: amicable divorce.
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:Good for you.
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:And so I, I'm hoping that we can help
people with that, but I'm hoping that
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:as we go on our journey here and learn a
little bit more about this, we can also
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:help someone who isn't as fortunate and
maybe doesn't have, because you know,
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:it has to be voluntary on both sides.
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:And so if you're in this with someone
who's not very voluntary, then let's.
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:Get to how we can, because that, I imagine
how hard that would've been, Peggy.
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:Oh yeah.
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:If you, you know, I mean, I
can't, I, I can't even imagine.
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:Speaker 2: Well, what I realized
immediately after the divorce,
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:'cause it only took a couple
of months, it was non-tested.
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:But I, I realized immediately
afterward that if I weren't already
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:a lawyer handling divorces and if I
weren't already an autism therapist
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:for several years at that point.
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:I would not have had a clue
about the issues that needed
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:to be handled in the divorce.
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:A lot of people silo their lives.
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:Here's their divorce and it's
separate from everything else.
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:Here's their child.
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:Their child is separate from the rest
of their lives, and that's not life.
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:Right?
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:It's holistic and so.
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:There are issues that must be at
least looked at during a divorce
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:for the best interest of the child.
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:And that's supposed to be the
standard in American family courts,
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:the best interests of the child.
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:Speaker: Mm-hmm.
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:Speaker 2: And if the unique needs
of a child with special needs
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:are not addressed and addressed
appropriately during the divorce,
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:the child's needs will not be met.
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:The child and the caregiver
parent could live in poverty
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:for the rest of their lives.
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:We don't want that.
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:No.
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:That's not what our society wants.
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:Speaker: So let's, let's dig into that.
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:Let little bit
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:Speaker 2: Sure.
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:Speaker: Um.
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:So say we've got some listeners and they,
they don't even know where to begin.
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:You know, they, they're like, okay,
we're, we're getting divorced.
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:Either they've got someone who's
gonna work with them or they don't,
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:and they have this special needs
kiddo and you're already wiped
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:out from the divorce probably.
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:Right?
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:And then you've gotta think
about this additional piece.
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:And my guess is that there are things
that you're gonna have to think about
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:even more than you do when you're just.
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:Doing a parenting plan for your
kids who don't have special needs.
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:Absolutely.
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:Absolutely.
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:How does someone, how does someone figure
those things out and what are they?
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:Speaker 2: Well, one of them is
financial and a lot of divorces
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:have money problems at their root.
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:If there wasn't enough money to go
around for one household, now how on,
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:how on earth is it going to work for two?
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:And if you have a child with
special needs, it's often more
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:expensive because if and special
needs, I don't limit that phrase.
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:Only to autism.
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:I mean, it could be my question too.
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:Yes.
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:It could be a child with cancer.
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:It could be a child with diabetes who
has to be on a special nutritional
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:regimen and have to have blood work
their, their blood levels checked
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:multiple times through the day.
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:They might have to have
insulin injections.
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:There are medical visits, copays,
deductibles, all those things that.
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:The additional financial challenges
of raising a child with whatever
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:type of special need should
be addressed in the divorce.
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:The standard child support
charts don't cover this.
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:There is often in, in many states,
aligned for extraordinary expenses.
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:But those often get used for trust
fund babies going to private school.
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:Speaker: You know, it's so funny, Peggy,
that you're talking about as you're
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:talking about this, something popped into
my head and I thought this is interesting.
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:So when I was young, I had, um,
a cousin who is exactly my age.
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:Good, good friend.
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:He's, um.
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:He was in a horrible car accident
and had, uh, had a brain injury.
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:Uh, he's, you know, functioning okay.
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:They state they didn't divorce.
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:But what if you don't?
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:What if something like that happens?
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:Mm-hmm.
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:Then, I mean, that's not even something
I ever talk about with clients.
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:I mean, that's, you know, they've got so
much on their minds, and you know what?
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:That's nothing I've ever even thought
of until just now sitting here with you.
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:Speaker 2: And that is another
category of special needs.
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:Yeah.
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:Where a person has a, a traumatic
accident and long-term impacts from it.
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:They might not be able to
live independently ever.
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:Right.
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:Maybe they can work part-time, but.
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:A person can't survive on a part-time
job, or maybe they need a life coach to
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:handle their money or their, you know,
living expenses, how to budget, how
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:to pay bills, those kinds of things.
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:How to not be ripped off by people
who would see them as a target.
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:Speaker: So how, how does a couple or a
person going through a divorce wrap their
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:hat around what these future expenses
are and how do they, how do you draft
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:that so that it goes into the future?
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:Speaker 2: Uh, it is hard to think of
everything that you need to include.
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:Mm-hmm.
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:Luckily, I did write a law
book for lawyers and judges,
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:and I wrote a parent guide.
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:As another book, and this one
obviously is for parents to educate
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:them on if you have, first of all,
here's what a special needs child is.
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:A lot of people don't think of their
children as having special needs.
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:Speaker: Mm-hmm.
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:Speaker 2: And I would ask, well,
do they have an IEP at school?
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:An individualized educational plan?
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:Yes.
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:Okay.
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:They don't hand those
out like candy, right?
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:There's a reason why your child
needs additional accommodations
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:in order to succeed in school.
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:We need to delve into that
and think about how that might
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:impact their life down the road.
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:Will they be able to go to college?
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:Will they be able to have a career?
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:Will they be able to make enough
money to support themselves?
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:So first for parents to realize, oh, I
have my, I, I have a child with needs
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:that need to be addressed in the divorce.
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:Yep.
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:And then so if they've, if they realize
their child's in that category mm-hmm.
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:Then it goes into how it can impact the
child's life currently and down the road,
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:how it can impact their siblings lives.
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:Because being the sibling of someone with
special needs is interesting as well.
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:Yes.
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:And a lot of times those children get kind
of shuffled off to the side because there
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:aren't enough hours in the day to spend
adequate time with all of the children.
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:If one or more have special needs and
one or more do not, which is why the
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:parenting plans also need to have.
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:Uh, great detail on, on, uh,
visitation and custody schedule.
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:You can't just, it, it's bad enough
that a lot of these cases just get
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:the cookie cutter preprint printed,
you know, four or six page form and
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:one parent gets holiday schedule a,
one parent gets holiday schedule B.
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:It's bad enough when that happens, when
there's a child with special needs.
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:Putting them in that cookie cutter.
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:But when you also have a child or
children who do not have special
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:needs, you're putting both groups in
the same schedule and that's wrong.
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:Speaker: Mm-hmm.
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:Speaker 2: And there are quick
fixes to a lot of these things.
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:I mean, we could sit here for
days talking about some of this.
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:Can you give me, can
you give me one example?
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:Sure.
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:Let's say that you have a detailed
parenting plan that minimizes transitions,
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:because those are usually mm-hmm.
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:A, a challenge for a child with special
needs, and you work really hard on making
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:the schedule, the parenting schedule.
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:Uh, modified to meet the,
the child with special needs,
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:what their unique issues are.
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:Then you add for each parent separately.
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:Let's say you have one child with cerebral
palsy and another child who is typical
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:Speaker: mm-hmm.
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:Speaker 2: The, the parenting plan
can be crafted around the child with
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:cerebral palsy, and then you can
add for each parent with the typical
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:child, they get individual one-on-one
time scheduled once or twice a month
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:for a three or four hour block.
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:If you think about the moments
that stand out from your childhood.
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:They weren't a solid week at a time.
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:They were the moments.
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:And when a parent gets the freedom to
spend a few hours once or twice a month
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:with the typical child and not being
distracted by meeting the needs of the
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:child with special needs, that's when
they build memories that last a lifetime.
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:Speaker: Mm-hmm.
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:That's great information.
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:And um, and as I'm sitting here,
my head is spinning because, so
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:I have, I have a great parenting
plan course for typical kids.
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:Mm-hmm.
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:So, and I, I always, you know,
I, I tell people if, if you can
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:do anything together, do that
together and then, you know.
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:Fire away with attorneys and, but okay.
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:So I feel like, okay,
what do I add something?
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:If they get this guide from you,
will they be able to, who do they
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:go to for this parenting plan?
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:That's what I'm wondering.
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:Speaker 2: Well, the parent guide
that I wrote educates parents on
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:how to best work with their lawyers.
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:Okay.
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:To adv to advocate for their children.
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:And it explains, so they would go
through their lawyer or if they
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:were using a mediator, mediator,
that's what they would go through.
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:And it, it also explains to the parents
that, uh, like the types of evidence
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:that will be most compelling to the
court, often one parent is in denial.
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:Oh, there's nothing wrong with my kid.
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:Yes.
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:And then the other parent is
knocking themselves out and
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:making it their life mission to do
everything possible for the child.
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:So the parent who's in denial says
that the other parent is exaggerating.
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:Doing this for attention, making
a mountain out of a molehill.
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:I'm sure you've heard all of
these things dozens of times in
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:cases that you've handled well.
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:Each side could spend thousands
of dollars hiring experts to
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:say what they want them to say.
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:Right.
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:And the judge is going to, in at
least on an intellectual level,
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:if not verbally dismiss the weight
of both experts as a he said, she
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:said, which is so common in divorce.
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:Mm-hmm.
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:So what you need is an unbiased
third party with no skin in the game.
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:That's the school district.
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:The school district must provide
under a DA accommodations and, uh,
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:for under education law for people
with special needs, they must provide
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:appropriate accommodations so that
they can succeed in public school.
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:K through 12.
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:Speaker: Mm-hmm.
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:Speaker 2: In some states, they also
provide it for non-public school.
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:Okay?
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:And in order to formulate the IEP
first, they do a battery of tests
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:on the child, and then they write up
these long reports with diagnoses, with
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:conclusions, and with a plan, an IEP.
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:Individualized educational plan.
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:Now, school districts are
always strapped for money.
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:They are not going to say, oh, this child
needs 20 hours of pullout therapy a week.
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:Because of
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:what people would consider
extraordinarily minor issues.
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:They will try to satisfy
the letter of the law.
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:With the minimum amount of therapy
they can, they're going to be very
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:conservative because they have a lot of
needs for every dollar that they receive.
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:Speaker: Mm-hmm.
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:Speaker 2: So they're trying to stretch
their dollars and they're IEP and their
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:evaluations and their testing reports.
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:The judge will look at those and you
know, judges are in the real world.
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:They know about the financial
constraints of school districts.
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:They know it's not
going to be exaggerated.
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:And so when I would have
an IEP brought into court,
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:the judge would pour over it.
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:To find out exactly what is the real
situation for this child because
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:the parents often do disagree.
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:Speaker: Okay.
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:So that's a really, yeah.
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:Yeah.
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:Very, very good.
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:Unbiased third party, if
that's available to you.
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:I'm gonna guess that there are times
when that, that isn't available to
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:people and then, and then you, it
probably gets a little bit trickier.
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:Um, absolutely.
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:I
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:Speaker 2: mean, you, we, you don't pick
when your marriage is going to fall apart.
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:Mm-hmm.
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:And if you have a child who is at
an age where they're just starting.
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:To exhibit behaviors or symptoms that make
a parent question and they haven't had a
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:full evaluation yet or a formal diagnosis.
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:Mm-hmm.
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:That's tricky.
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:So what, what I recommend to parents
at that time is make it part of
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:the record that this is a pending
and emerging issue, and then when.
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:There is an evaluation and
a formal diagnosis, there's
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:always the motion to modify.
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:Speaker: Okay.
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:Yep.
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:Which is, I'm assuming what people
do if they run into an issue later
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:on in life with a child who's in a
horrible accident or whatever it is.
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:Right?
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:Speaker 2: Right.
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:Or a child condition
becomes much more severe.
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:Right.
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:Or, you know, prayers
going or, or better, yes.
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:Speaker: Yep.
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:Yep.
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:Okay, so now I wanna talk a little bit
about, um, child support's gotta be
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:different because child support is gonna
cover those kiddos until they're like 18.
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:What happens with these kids and,
and how do you, how do you set that
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:up if you're not working together?
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:Speaker 2: That's tough.
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:And even if you are and you
have a settlement agreement.
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:That states that the, uh, because of the
child's special needs, and it enumerates
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:exactly what the formal di formal
diagnosis is that, uh, this child might
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:not, that the standard age of emancipation
might not be appropriate with this
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:child, but you can't tell the future.
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:So you don't know, right.
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:Um, raising the issue, it won't stop.
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:A, a very common situation of down
the road, the other parent becomes
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:involved with, another person gets
married again and says, oh, hey,
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:now I have a new family to support.
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:So this child support needs to stop.
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:Speaker: Mm-hmm.
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:Speaker 2: You know, parenting plans
can't stop people from being human.
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:Right.
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:But not only is does the child
support need to be looked at on.
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:Altering the date of emancipation
and maybe trying to, to give
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:even the, the problem is you're
trying to nail jello to the wall.
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:You and gel.
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:Yeah.
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:Jello to the wall.
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:That might be 10 years down the road.
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:Mm-hmm.
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:The child say is eight.
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:Right.
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:Um, so what happens is you're
trying to predict the future.
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:And that's hard.
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:So maybe setting some kind of
benchmarks on whether the child
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:is, when the child is actually
financially supporting themselves,
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:child support will stop.
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:Now, of course, the flip side, the
argument against that is well then
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:the parent who's, who's the primary
caregiver parent in reality, if not.
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:Formally called that in,
in, in the court papers.
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:Um, we'll have the incentive to keep
the money flowing in to, to coddle
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:the child and to, um, not right.
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:Push them to be all that they can be.
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:And that's a valid argument.
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:Speaker: Hopefully most parents
are wanting their children
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:to be all that they can be.
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:Right?
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:Exactly.
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:Exactly.
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:Speaker 2: But parenting plans need to
cover not only the child support, but.
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:Special needs children have on
the average three times as many
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:sick days as typical children.
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:Speaker: Mm-hmm.
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:Speaker 2: Now, in the real world,
if the parenting plan does not
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:say, divide the responsibility for
those sick day sick days fairly.
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:What happens is often is that the
parent who makes more money says, well,
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:I can't leave my job to go, you know,
stay home from school with a sick kid.
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:Um, the other parent ends up now realize
this parent's already trying to live
398
:on less money than the other parent.
399
:Mm-hmm.
400
:Um.
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:That parent then has the responsibility
for all those sick days, which means that
402
:they tend to frequently lose their jobs.
403
:They get fired because of too
many absences, and then they're
404
:looking for a new job frequently,
and you go in at entry level.
405
:Mm-hmm.
406
:And there are the issues of health
insurance for the parent as well
407
:as the child, because you're often
in a probationary period and.
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:On saving for, uh, retirement.
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:You might not be eligible for the
co company 401k plan until you've
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:been there for a year or six months.
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:Speaker: Well, yeah, and Peggy, that is
what is screaming in my head right now.
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:What happens to that parent who has maybe
during the marriage been the primary care?
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:Maybe they're not even working.
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:Maybe they're the primary
caregiver for this child.
415
:What happens when you get divorced?
416
:I can't believe that I haven't had more
of these cases, interestingly enough.
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:Speaker 2: Yeah, because a lot of
people view the the special needs of
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:the child separate from the divorce.
419
:This was between the parents, the
divorce was, and then the special needs.
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:Well, those are something
that happened separately.
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:Speaker: Mm-hmm.
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:Speaker 2: And, um, yes, it is
ex an extremely important issue
423
:because it can be so disruptive
of a parent's career when they are
424
:raising a child with special needs.
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:Speaker: Well, and, and Peggy, I'm just
gonna say this on my own behalf, I feel
426
:like I was, my husband has a big job
and I was, and I wouldn't change it.
427
:I was primary for our three kiddos.
428
:I don't have the career I would've had if
I would have been completely focused on
429
:my career more than taking care of things.
430
:Mm-hmm.
431
:So I mean, I suppose, is that
an argument for maintenance?
432
:I mean, how does that,
how, how do you get that?
433
:Or getting more assets or, so that's
just my situation in a typical, but
434
:what happens when you are, you've agreed
that mom is going to take care of child.
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:And it's a special needs
child and it's a big job.
436
:And then you, and you've been married
maybe 15 years and maybe child's 10.
437
:What happens to Tamma
438
:Speaker 2: or whoever's the one
approach and it, it really is.
439
:A challenge to try to figure out
the dollars and cents of this for
440
:down the road as well as current.
441
:One thing that I have seen parents do
is in the Quadro, the qualified domestic
442
:relations order to, to distribute
the retirement accounts counts.
443
:I have seen where some
parents have said, listen.
444
:I know I've been away from
the home a lot working.
445
:I'm making lots of money, and you
are being the primary caregiver.
446
:And by the way, this has enough
nothing to do with gender.
447
:The, the primary caregiver might be
the, the mom or the dad, or there
448
:might be two moms or two dads.
449
:Mm-hmm.
450
:So nothing to do with gender.
451
:But the parent who has been the high
earner throughout the marriage, I have
452
:seen where sometimes they've said, it's
really important to me that you have
453
:the freedom to keep putting the time
in to take care of our child, and they
454
:will sign by agreement, sign a quadro
form that allocates more than 50%.
455
:Oh, the retirement account.
456
:So
457
:Speaker: that makes sense to me.
458
:And I can see, um, two people
who care for their child.
459
:But then I think of how messy it
gets if you have to fight about it.
460
:If this becomes a fight mm-hmm.
461
:In court,
462
:I mean that's,
463
:Speaker 2: that, that'd be tough.
464
:Oh, absolutely.
465
:Because it's what I advocate.
466
:When I speak at CLEs at law conferences,
or when I speak in podcasts or in my
467
:books, I'm advocating for deviation,
yes, from the standard procedure.
468
:The standard way of distributing the, the
money, the assets, the time, all of that.
469
:And you know, as well as I do, judges
don't like to be appealed and they
470
:don't like to be reversed on appeal.
471
:Mm-hmm.
472
:And the legal system changes very slowly.
473
:I have seen improvement,
but it's, it's usually.
474
:A judge will deviate from cookie
cutter when they've lived it, when
475
:they have a child with special needs.
476
:One of the best judges I ever had, cases
in front of cases that involved special
477
:needs in family law disputes, had a
young adult son with a seizure disorder.
478
:He got it.
479
:Yeah.
480
:Speaker: And what we need is we need
judges to be able to, because we can't
481
:experience everything in life, right.
482
:So we need them to be open and empathetic
and to really, to really look at this.
483
:And we need strong advocates mm-hmm.
484
:Who are well versed to know where to turn,
um, when this kind of a case, you know.
485
:It comes to them, so, and, and so when
you practiced law, did you practice
486
:in this area, Peggy or geographic or
487
:Speaker 2: subject?
488
:Subject?
489
:This area?
490
:Yes.
491
:I had, I primarily did family law.
492
:Yep.
493
:And so did you have a lot of
these cases that you fought for?
494
:Well, the first special needs
divorce case I handled was my own.
495
:Right.
496
:And then after that, and I wrote
the law book for the American and
497
:Bar Association, um, word got around
locally where I was in the Midwest.
498
:Mm-hmm.
499
:And um, then it was like
the floodgates opening.
500
:So many people are in this situation
and they're just astonished.
501
:That it can be addressed in the divorce.
502
:Speaker: Yeah.
503
:And and
504
:Speaker 2: should be, should be, yes.
505
:Yes, yes,
506
:Speaker: yes.
507
:So, yeah.
508
:So let's, let's maybe use this
podcast to alert people that you
509
:know, lawyers and the general public.
510
:That this is something
that is really important.
511
:I, I'm telling, so we're going
over time, so I'm gonna need to
512
:put a pin in this, but I feel like
I kind of wanna have you back.
513
:I feel like I'm so grateful for
you, Peggy, because Thank you.
514
:You're making me a better mediator
and my brain is just moving right now.
515
:Thinking about that parenting plan
course that I had, thinking about
516
:wanting to address this more.
517
:Um.
518
:With clients, maybe with the public.
519
:So I'd love to have you back.
520
:I, I'm gonna read that, I'm gonna
read your book and I'd like, I'm
521
:gonna have it in the show notes,
so I'll have a link and if, and how
522
:can people find it if they're not?
523
:Um, in my show notes at the moment,
524
:Speaker 2: the Parenting the Parent Guide.
525
:Yeah.
526
:Which is, uh, divorce and
the special needs Child.
527
:A guide for parents.
528
:Uh, Jessica Kingsley,
publishers out of London.
529
:That's on Amazon.
530
:Okay.
531
:And the law books, 'cause there was
a first edition and then a second
532
:edition in which I added, uh, a section
on special needs adults and divorce.
533
:And I could spend another
hour talking about that one.
534
:Yeah.
535
:And crisis planning because of what
we learned going through COVID.
536
:Yep.
537
:Um, so you will want, you would
want to get the, the second
538
:edition that's also on Amazon.
539
:Okay.
540
:And that's the American Bar
Association is the publisher.
541
:All right.
542
:Awesome.
543
:Speaker: Peggy, thank you so much for
being here and sharing your story.
544
:I really, really appreciate it.
545
:Speaker 2: Thank you for giving me the
opportunity to, uh, raise the issue and
546
:raise awareness with your listeners.
547
:I appreciate it.
548
:Speaker: Wonderful.
549
:Take good care.
550
:Speaker 2: Thanks, you too.