Douglass & Runger April 2021

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APRIL 2021

The Chronicles of Thumper and Birdie MEET MY NEWEST (FURRY) ADDITIONS!

In October 2020, my wife, Jodi, and I lost our beloved West Highland terrier, Sophie. As spoiled as she was, Sophie was our baby. She was with us during some big life moments, and while we were happy to see her live through her 14th birthday, saying goodbye was really hard. For Jodi in particular, coming home to a quiet, dogless house was devastating. Shortly after Sophie’s death, we knew we had to add another dog to our home. It just wasn’t the same without the clicking of dog nails and a furry friend who was excited to see us when we came home. I knew I wanted to adopt a dog from a local rescue. I have nothing against responsible breeders and those who adopt puppies, but I had always wanted to give a loving home to a dog in need of one.

Shortly after adopting Thumper, we found a very responsible breeder in Mississippi who offers Cockapoos, which is a mix between cocker spaniels and miniature poodles. And that’s how we found the terror now known as Birdie. Where Thumper wants to lounge around all day, Birdie goes 150 miles per hour all the time . She is playful and energetic, eats like a hog, and has no social decorum for personal space. She’s your typical puppy and a big change of pace from Thumper. Birdie immediately saw Thumper as a playmate and dragged toys around, trying desperately to get him to play with her. In the past, he would sprint away from her, but in the months since we brought Birdie home, Thumper has come further out of his shell. Birdie taught Thumper how to play, and I’ve even seen him chew on a toy! He promptly stopped when he saw me, of course, but it was progress. We’ve also seen him mirror Birdie, even going so far as to be the excited one with some newfound energy. Regardless of how they change and grow together, Thumper is still a sweet, gentle guy, while Birdie, who is growing every day and is now almost 5 months old, is still just as energetic and excitable. In the six months since we lost Sophie, Jodi and I still haven’t forgotten that pain, but our two new fur babies are a welcome addition.

We brought Thumper home that day, knowing full well that we had work to do. We eased him into the transition, and he found an instant connection with Jodi. (We think he was abused by men in the past.) He was coming out of his shell, filling a gap that had been left by Sophie, and becoming the best snuggler in the house. Jodi swears that Sophie sent Thumper to us because she knew Jodi would love him. But we weren’t quite done. Jodi and I have always wanted two dogs, but we spoiled Sophie endlessly and knew it wouldn’t be fair to bring another dog into the house during Sophie’s golden years. It was just never the right time to have two dogs, but our veterinarian told us that just might be what Thumper needs: a puppy to teach him how to be a dog.

That’s how we found Thumper.

He was a 3-year-old Havanese who had spent his entire life up to that point in an Amish puppy mill being used as a breeder. Sunny Meadows, the rescue home who saved him, said Thumper was skittish, gun-shy, and very fragile. He would be a project — but we knew he was our project. Jodi and I first visited Thumper on Friday the 13th in November. (I know … right?) What we found was the sweetest dog in the whole world, but a dog who was so scared and had been treated so poorly that he didn’t even know how to walk through doors, play with toys, or take treats. He didn’t understand the concept.

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THIS PRANK WENT UP IN FLAMES AVOID COSTLY APRIL FOOLS’ DAY JOKES LIKE THIS ONE

Most April Fools’ Day jokes are harmless. Making caramel onions (instead of apples) for your family or setting a spider next to your coworkers’ mouse is sure to elicit a few laughs from everyone watching, and only egos are hurt. It’s when the jokes end in ambulance rides, hospital visits, and lawsuits that the situation is no longer a laughing matter.

person set on fire sustained serious injuries as a result and rightfully sought compensation for their medical bills and pain. However, who was at fault wasn’t clear. The plaintiff sued their employer, Commercial Bodyworks Ltd., for workers’ compensation, claiming that since their injuries occurred on the company’s property, the business was liable. However, the court of appeals didn’t agree. In fact, the court found that the company cannot be held liable for “frolicsome but reckless conduct” that occurs between employees during employment. In other words, an employer is not responsible for your injuries if one employee sets you on fire during the course of a prank that isn’t related to your work.

However, that doesn’t eliminate the employer’s responsibility should a coworker injure you. Every situation and interpretation of that moment is different. So, if a coworker injures you while doing work-related tasks, your employer is likely going to be liable. They may also be the responsible party if, during the course of your employment, they tolerated or encouraged reckless behavior that could have resulted in an injury. Your employer cannot condone dangerous behavior in one instance and shrug off responsibility later. The interpretation by the courts can be vague, but the lesson here is simple: You have a right to compensation when you’re injured, but perhaps it’s best if you keep your workplace pranks to a minimum — and stay away from fire.

Furthermore, it can complicate who’s liable.

Take the case of Graham v. Commercial Bodyworks Ltd. In 2015, two employees of Commercial Bodyworks were having some fun when their joke went up in flames — literally. One of the employees set their coworker on fire using a cigarette lighter and a flammable liquid. The

What’s the Difference? CHILD SUPPORT VS. ALIMONY

In Tennessee, every legal parent has an obligation to support and care for their child’s physical needs until the child is 18 years old or their class graduates from high school. Child support payments are used to supplement the costs associated with the care of a child. It’s often paid by the noncustodial parent — the parent the child lives with the least. Determining how much the custodial parent needs to care for a child involves a simple formula. In Tennessee, the child support guidelines and child support work sheet are utilized to calculate a monthly child support obligation. The main piece of data used in this module is the gross monthly income of the mother and father. The second most important piece of data used to calculate child support are the number of days out of a 365-day calendar year that each parent spends with the minor child(ren). In the event that a parent incurs monthly costs for work-related child care or insurance for the minor child(ren), this data will also be included in the child support worksheet as a credit to the parent incurring the cost. Entry of this data gets plugged into a child support worksheet, which is essentially run as a computer formula, used to calculate a monthly child support obligation. While there are other case-specific factors that may be entered into the child support worksheet to upwardly or downwardly deviate the child support obligation, for the most part, child support is based off of objective criteria and typically the child support obligation is “what the child support worksheet says it is.”

Alimony is commonly awarded to an economically disadvantaged spouse in need of spousal support in situations where an economically advantaged spouse has the ability to pay it. The courts utilize a laundry list of factors when deciding if alimony is appropriate. These factors include, but are not limited to: the length of a marriage, the standard of living during the marriage, the situations surrounding

the divorce including the fault of a party, a spouse’s educational background and/or work history, etc. There are also several different types of alimony. For example, alimony in solido may be a lump-sum one-time payment to the spouse in need, whereas rehabilitative alimony is intended for spouses who need temporary support as they re-establish themselves in the workforce. Depending on the specific type of alimony awarded to a party, the alimony obligation may or may not be modifiable. There are a variety of different types of alimony, and each particular case presents different circumstances. Alimony and child support payments can often be a point of contention in divorces. For that reason, you need an experienced attorney guiding you through this process to ensure the results are fair. Learn more about Douglass and Runger’s family law offerings and our other practice areas at DouglassRunger.com

Alimony, on the other side, is often times more nebulous. Alimony is a payment from one ex-spouse to another, but it does not benefit dependent children.

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Rhubarb Oat Bars

Inspired by TasteOfHome.com INGREDIENTS • 1 1/2 cups fresh rhubarb, chopped • 1 cup packed brown sugar, divided • 1 tsp fresh lemon juice • 4 tbsp water, divided • 4 tsp cornstarch • 1 cup old-fashioned oats

Who Gets the Kid on Their Birthday? A lot of questions come with divorce. Who will stay at the house? Where does the family pet go? How do we split our finances? These are some of the most common questions couples ask, but one of the most hotly debated questions is one that seems so simple: How do we celebrate our child’s birthdays? The best approach is to find what works for your family and to create a legally binding document that outlines this plan. This holds everyone accountable. Here are a few options you could include in that plan. Celebrate Together If you and your ex can interact civilly, then no one should have to miss a birthday. The best way to do this is to keep everything simple. Choose a neutral place to gather together, set a budget limit for gifts, keep the conversation about your child, and focus on what makes them happy. If you’re hosting a party, be sure to only invite guests who can guarantee they won’t reference any issues that may have come up during the divorce. This celebration is about your child, not your split. Rotate Every Year If civility isn’t easy, go for fairness. Your ex will have your child one year, and you will celebrate with your child on their birthday the next year. You could also add holidays as a way to make the arrangement more even. And remember, if it’s not your year to host your child, that does not mean you can’t celebrate them! Celebrate the weekend before and call them on their special day. The gesture will mean more than the day does. Ask Your Child What They Want to Do You may not be able to spend every birthday with your child. In fact, as they age, they probably won’t want to be with you all day, and some kids may not want to make it a big deal! You and your ex should discuss what your child wants to do, then discuss a plan together. Listen to what the child requests and honor that. It may be difficult to spend the day without them — if that’s what they choose — but it will ultimately show your child you respect what they want. If you need to make changes to your parenting plan to reflect a different approach to birthday celebrations, contact Douglass & Runger today and learn more about our other areas of practice online at DouglassRunger.com.

• 3/4 cup all-purpose flour • 1/2 cup sweetened shredded coconut • 1/2 tsp salt • 1/3 cup butter, melted

DIRECTIONS

1. Preheat oven to 350 F and grease an 8-inch square baking dish. 2. In a medium saucepan, bring rhubarb, 1/2 cup brown sugar, lemon juice, and 3 tbsp water to a boil. 3. Reduce heat to medium and cook until rhubarb is tender (about 5 minutes). 4. In a small bowl, combine cornstarch and remaining water, stirring until smooth. 5. Gradually add to the rhubarb mixture, return to a boil, and cook until thickened. Remove from heat and set aside. 6. In a large bowl, combine oats, flour, coconut, salt, and remaining brown sugar. Stir in butter until mixture is crumbly. 7. Press half of the oat mixture into the prepared baking dish, spread rhubarb mixture on top, then sprinkle with remaining oat mixture. 8. Bake 25–30 minutes until golden brown. Cool completely before enjoying!

INSPIRATION “Instead of worrying about what you cannot control, shift your energy to what you can create.”―

–Roy T. Bennett

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Advertising Material

1 What It’s Like to Add 8 Paws to Your Home 2 Avoid Costly April Fools’ Day Jokes Like This One Do You Know the Difference Between Child Support and Alimony? 3 Divorce Drama: Solving the Birthday Problem Rhubarb Oat Bars 4 How Lulu the Pig Saved Her Owner From a Heart Attack Inside This Issue

Man’s Smartest Friend Lulu the Pot-Bellied Pig’s Cunning Plan to Save Her Owner

According to animal experts, pigs are smarter than any other domestic animal, including cats and dogs. That may seem hard to believe, as you probably associate pigs with a pink, smelly animal that oinks and rolls around in the muck. However, the story of how Lulu the pot-bellied pig saved her owner’s life might persuade you to reconsider.

up bonding with Lulu, and she was with them for much longer than expected. On Aug. 4, Jo Ann suffered from a heart attack. Jack was out of town on a fishing trip, and even though Jo Ann cried for help and even threw an alarm clock out the window, no one heard her cries from their somewhat secluded home. The family’s

bleeding. Once she reached the road, she laid down as if to play dead. Not long after that, a passing driver saw Lulu and stopped to check on her. Once Lulu was sure she had the driver’s attention, she got up and waddled back toward her home, leading the driver to where Jo Ann lay on the floor. When the driver found Jo Ann, he immediately called 911, and emergency services took her to a medical center for open-heart surgery. Had just 15 more minutes passed without help, Jo Ann would have died. For her heroism, Lulu received the Tiffany gold hero’s medal from the American Society for the Prevention of Cruelty to Animals and made multiple television appearances as her fame spread. Hopefully, she was smart enough to know just how much she was appreciated.

Back in 1998 (otherwise this story would have certainly

dog, Bear, barked and barked to no avail. Lulu, however, knew Jo Ann needed help quickly and waddled into action.

gone viral), Lulu the pig was a permanent fixture at Jo Ann and Jack Altsman’s property in Beaver Falls, Pennsylvania. They had initially only taken Lulu from her original owner, the Altsmans’ daughter, for a temporary stay, but they ended

Lulu made her way to the nearest road, scraping her skin in the process and leaving it torn and

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