IEPs: An Intersection Between Family Law and Special Needs Law

NYSBA Family Law Review, Vol. 58, No. 1 – Miriam Davidson and Toma Ito-Chihaia 

Individualized education programs (IEPs) are often treated as tangential to family law disputes, but they carry significant weight in custody, divorce, and support matters. This article explains what an IEP is and how it operates under the Individuals with Disabilities Education Act (IDEA), which guarantees children with disabilities a free appropriate public education tailored to their needs. It then walks through where IEPs intersect with family law, from determining who holds authority to make educational decisions after a divorce, to planning for a child’s transition to adulthood once IDEA protections end. The piece closes with a look at the shifting federal policy landscape, including proposals to restructure the U.S. Department of Education, and what family law practitioners should watch for as the special-education framework continues to evolve.

Contact Miriam Davidson, an experienced family law attorney, for any further consultation.

Read the full article here.

Check Washing and the Risks of Mailed Checks in the
Modern Banking Era

NYSBA Elder and Special Needs Law Journal, Vol. 36, No. 1 – Miriam Davidson and Toma Ito-Chihaia 

A check dropped in the mail can be intercepted, chemically altered, and deposited by a stranger — sometimes within days. This article explains how “check washing” works, how it differs from related schemes like “check cooking,” and why the mail remains the weak point in an otherwise digital banking system. It also outlines the legal framework governing who bears responsibility when an altered check clears, with particular attention to older adults, who rely on paper checks more heavily than most and face correspondingly greater exposure.

Contact Miriam Davidson, an experienced elder law attorney, for any further consultation.

Read the full article here.