Columbus Family Law Attorneys Blog

Moving in together? 5 tips

2013-05-16T01:21:03Z

According to statistics, about half of people in their thirties or forties have lived together with someone in a romantic relationship to whom they were not married. However, without the legal protections of marriage, it can be difficult to protect your interests. Following these suggestions may help individuals in Ohio avoid or mitigate potential challenges.

Many people are interested in purchasing a home, especially with the ready availability of low interest rates. Both individuals should put their name on the mortgage deed in order to maintain half an interest in the property regardless of how their relationship develops. An individual can own real estate with another person through joint tenancy with right of survivorship or tenancy in common. A lawyer could execute or review the deed to ensure that his or her client's rights are protected.

]]> Another important consideration is a health care plan. Some large corporations and government agencies give health insurance coverage to unmarried partners. However, this may cause implications with the IRS because the IRS does not tax health benefits. A domestic partner who receives health benefits makes the employee incur taxes on behalf of his or her domestic partner because the federal government does not recognize domestic partners. Partners who live together should also make arrangements in case they have a medical emergency. Partners can draw up an advance health care directive that gives them the chance to make health care decisions on behalf of the other partner if he or she is incapacitated. Couples should also draw up wills to protect their interests.

Although living together does not provide the same protections as marriage, couples can protect their interests. An Ohio family law attorney may be able to draw up legal papers to protect live-in couples.

Source: MSN Money, "Moving in together? 5 tips", Stacy Johnson, May 08, 2013

Handling debts during the process of divorce

2013-05-09T23:28:05Z

Ohio couples who do not have children and have limited assets may not have as many issues to contest during divorce proceedings. However, many couples in today's difficult economy have debts that need to be addressed during the divorce process.

The first thing that divorcing spouses should do is protect their legal and financial interests. They should construct a list of each account that the spouse has, either individually or jointly. They should list the status of each account, and they should also pull their credit report to determine if there are other debts that they may be liable for. For any joint accounts, spouses should notify the lending or banking institution of the pending divorce. They may also be able to cancel accounts with the approval of the divorce court.

]]> The divorce court will make a final divorce decree pertaining to the couple's assets, debts and other issues. The judge determines which party will wind up with each asset or liability. He or she may consider whether there have been any property transfers or exorbitant expenses when he or she allocates the property among the couple. A divorce decree does not have jurisdiction over private contracts with other parties, so debt collectors may not honor the terms of the decree. However, a spouse is usually not financially liable for the debts of his or her spouse if he or she is not an account holder and the state is an equitable division state like Ohio.

Divorcing spouses may decide to consult with an Ohio family law attorney. This attorney may be able to explain a person's rights as pertaining to outstanding debts and include certain debts in the divorce decree.

Source: Fox Business, "Is Wife Liable for Ex's Card Debt?", Sally Herigstad, May 07, 2013

Wall Street financier sues ex-wife's boyfriend for conspiring in child support proceedings

2013-05-03T23:05:11Z

Divorced parents in Ohio probably know all too well the issues and complications that can arise from child support arrangements, for both the payer and the recipient. An ongoing feud between a socialite, her boyfriend and her ex-husband shows that even the wealthy aren't immune from child support disputes. It's also a great example of how the most important issue, the children's best interests, often gets lost in the fighting.

Wall Street financier Warren Lichtenstein has filed a lawsuit in Federal District Court in Manhattan contending that his ex-wife, socialite and mountain climber Annabelle Bond, and her current boyfriend, former Goldman Sachs executive Andrew Cader, have conspired to mislabel Ms. Bond's assets as loans so that she could receive higher child support payments. Mr. Lichtenstein and Ms. Bond have a 5-year-old daughter and had been engaged in a child support dispute. In the midst of the dispute, Ms. Bond and the couple's daughter moved to Hong Kong, where Ms. Bond requested and was granted nearly $50,000 in monthly child support payments from Mr. Lichtenstein.

]]> In the lawsuit, Mr. Lichtenstein claims that Mr. Cader gave Ms. Bond nearly $3.5 million in cash, but that Mr. Cader characterized the gift as a loan so it would not impair Ms. Bond's pursuit of child support. The suit also claims that Mr. Cader paid nearly $26,000 a month in rent on Ms. Bond's Hong Kong home, but that was also inaccurately counted as a loan. Mr. Lichtenstein says in the suit that the Hong Kong court's judgement was based on Ms. Bond's lies about her finances.

This case may involve large dollar amounts, but the hard feelings and accusations are all too common in child support disputes. Divorced parents involved in a child support conflict may benefit from speaking with an attorney. An experienced attorney could examine the case, present supporting evidence and advocate on the client's behalf to reach a more fair and equitable child support arrangement.

Source: CNBC, "Millionaires Clash Over Socialite's Child Support Claims," Peter Lattman, April 26, 2013

Undocumented immigrant mother wins custody battle

2013-04-22T19:58:39Z

In a decision being lauded by immigrants' rights advocates, an appeals court has ruled that a mother's undocumented immigrant status has no bearing on her fitness as a parent. In so ruling, the court reversed a lower court decision in a child custody case that granted sole custody to the four-year-old girl's paternal grandparents. The grandparents have not yet decided if they will seek further appeal.

The mother, who is living in the United States illegally, gave birth to her daughter in April 2009 when she was just 17 years old. She and the girl's father, who was 15 at the time, never married but lived together with his parents, the baby's grandparents. The father and grandmother are U.S. citizens; the grandfather is a legal resident.

]]> Following an argument with the grandmother in September 2011, the mother moved out, taking the girl with her. The grandparents thereafter filed an emergency motion for sole custody of the girl. Following a trial, the judge granted sole legal and physical custody to the grandparents, citing the mother's illegal immigration status as a reason for his decision. The trial court decision attracted the attention of a law firm that agreed to take the mother's case free of charge, leading to the successful appeal.

In Ohio, child custody determinations are made based on the children's best interests. While it is possible for a non-parent to be awarded custody over the objection of a parent, there generally must be some showing that the parent is unfit or that the child's health or emotional well-being would be negatively impacted in the parent's custody. Disputes over child custody can be complex and emotionally draining, which is why it is advisable to have qualified legal representation at every step of the process.

Source: Star Tribune, "Immigration status not a factor in custody battle, Minnesota court says," Abby Simons, April 8, 2013

Ohio man arrested for domestic violence after custody visit

2013-04-18T15:18:10Z

Police arrested an Ohio man on charges of domestic violence after a custody visit took an ugly turn. The man, age 29, went to visit his son at the home of the child's mother. According to the mother, the man began threatening the boy while at her home. When she told him that he should not speak to the boy in that manner, he allegedly started choking her. The woman then called law enforcement.

When police arrived on the scene, they arrested the man. He was being held at county jail pending bond, which was set at $10,000. Not only does the man face criminal charges, his future child visitation rights likely will be impacted.

]]> Under Ohio law, child custody and visitation arrangements are made based on the best interests of the child. In determining what is in the child's best interests, the court will view any behavior by a parent that creates a risk to the child's safety, health or emotional wellbeing as very serious. If there is confirmation of threats to or abuse of the child, including a failure to provide necessary care to the child, the court may determine that the parent is unfit. Such a determination likely would result in the denial of custody and the limitation or denial of future visitation rights. The more serious the parent's misconduct, the greater the restrictions the court is likely to impose.

If a parent is concerned about his or her child's physical safety or emotional well-being when the child is with the other parent, it may be beneficial to seek guidance from an experienced child custody attorney before the situation escalates to an actual incident of domestic violence. If the concerns have merit, the attorney may be able to help seek modification of existing custody or visitation arrangements to protect the child's best interests.

Source: The Morning Journal, "Custody visit ends up with arrest of child's father in Elyria," April 4, 2013

Jackpot winner owes back child support

2013-04-12T20:22:52Z

When lottery jackpots reach into the hundreds of millions, people throughout Ohio start dreaming of what they could do with the potential windfall. But those who are behind on their child support payments should temper their dreams. Any lottery winnings are likely to be intercepted and used to pay back child support.

That will be the case of the recent winner of the Powerball jackpot. On March 23, 2013, the jackpot reached an astronomical $338 million. One lucky man held all the winning numbers and, according to lottery officials, has opted to receive a $211 million lump sum payout, the third largest in Powerball history. After taxes, the man will be left with around $152 million.

]]> Taxes will not be the only thing taken out of the man's winnings, however. The father of five children owes $29,000 in back child support dating to 2009. According to the sheriff of the New Jersey county where the man resides, the child support arrearages will be paid out of the man's winnings, and he is subject to arrest until the back-due amounts are paid.

A similar scenario would occur with respect to a lottery winner in Ohio. Under Ohio law, if someone who wins a lottery prize is in default of a support order, the state's lottery division will withhold payment of the prize money and notify the child support enforcement agency. The agency then will intercept the amounts owed from the winnings and use them to satisfy the support obligation.

If an Ohio parent is having trouble making his or her child support payments, the best course of action is to seek help before past-due amounts start adding up. A qualified family law attorney could advise as to whether modification to an existing court order would be possible.

Source: Yahoo! News, "Powerball jackpot winner owes $29,000 in child support - sheriff," Dave Warner, March 28, 2013

Source: Ohio Revised Code, "3770.071 Deducting child support or spousal support arrearage from award," June 11, 2012

Answers to common tax questions in divorce

2013-04-05T08:48:06Z

Tax preparation can be confusing enough during normal circumstances, but Ohio residents who are divorcing or recently divorced may find that tax time will present additional challenges this year. Here are the answers to some common questions about how to prepare your taxes following a divorce.

What is my filing status? To determine your filing status for 2012, the only relevant date is December 31. If you were still married as of that day, even if you and your spouse were separated and the divorce was in the works, you must file as either "married filing jointly" or "married filing single." If you already were divorced that day, even if the divorce was finalized only one day earlier, your filing status is either "single" or "head of household." There are certain tax advantages that may apply if filing as "head of household" but you must meet certain requirements to use this status. Consult with your attorney or tax preparer if you are not sure.

]]> Who can claim the children as dependents? The general IRS rule is that the children may be claimed as dependents by the parent with whom they live more than 50 percent of the year. This is determined by reference to the custody schedule. The parties can negotiate around this rule as long as the agreement is in writing and the proper IRS form is executed.

May I deduct my support payments? If you are paying child support, the payments are not tax deductible. If you are paying spousal support, these may be deductible by you and taxable to your former spouse provided certain requirements are met. Check with your attorney or tax preparer to see if there is the potential to take a tax deduction on any alimony you paid in 2012.

Source: Huffington Post, "Preparing Your Taxes In The Year Of Divorce," Kathleen B. Connell, March 21, 2013

Ohio finding new ways to collect child support

2013-03-28T03:41:58Z

With unpaid child support obligations on the rise in Ohio, the state's collection agencies are looking for new ways to get delinquent parents to pay up. The amount of past due child support in Ohio has increased by more than $689 million over the last five years. Roughly 80 percent of parents who are obligated to pay child support are behind by at least some payments. Despite these gloomy statistics, there is some good news. The trend is slowing as the state's economy improves and as state child support collection agencies are implementing new collection methods.

The state still employs traditional methods to collect overdue payments. These include withholding from a delinquent parent's unemployment benefits, suspending state-issued auto, recreational and professional licenses, and ordering jail time and fines in egregious cases. However, smaller budgets and increased workloads have state agencies looking for more creative methods to encourage payment.

]]> One new method is offering forgiveness of payments owed to the state as reimbursement for state-made payments to the custodial parent. Approximately 100 people have signed up for the forgiveness program so far. Another method involves setting up neutral visitation sites for non-custodial parents who owe child support to visit with their children in hopes that increased contact will encourage payment. Agencies also are focusing on early intervention. Better data allows caseworkers to contact a parent after just one missed payment in an effort to get the parent back on track quickly.

A parent who cannot make his or her child support payments also can look to the legal process for help. In Ohio, the amount of child support a parent owes is determined based on that parent's income among other factors. If the parent loses a job or has to take a cut in pay, it may be possible to obtain a modification of an existing child support order.

Source: Newark Advocate, "New techniques help state child support collection," Jessie Balmert, March 11, 2013

Divorce may have impact on children's religion

2013-03-21T17:20:15Z

Ohio residents may have heard of a recent study conducted by Baylor University, which shows that when two religious parents divorce, their children are more likely to change religions or leave organized religion as adults. According to the findings published in the "Journal for the Scientific Study of Religion," someone who lived with just one religious parent as a child is twice as likely to leave or change religions as an adult than someone whose parents remained married. The lead researcher for the study believes this is because children of divorce have less exposure to a second actively religious parent following their parents' split.

Prior research suggested that divorce alone impacted a child's future religious commitment. However, those studies did not look at the religious commitment of both parents during marriage. The results may have simply reflected the impact of having parents with different levels of religious commitment or different religious beliefs. Those factors are already associated with children having a lower level of religious commitment later in life. Additionally, religious differences between spouses are associated with higher levels of divorce.

]]> Researchers say that other factors may also impact the level of religious commitment in a child of divorce. A custodial parent may be less likely to attend religious services after divorce because of feeling stigmatized or because their religious faith was shaken by the experience. The child may emulate the parent's changed attitude.

These findings suggest the importance of maintaining a close connection to one's children following divorce. An Ohio parent facing divorce is advised to consult with an experienced family law attorney. The attorney can work with the parent to develop a child custody arrangement and parenting plan that allows the parent to maintain a meaningful relationship with their children following divorce.

Source: Huffington Post, "Divorce Research: Baylor University Study Finds Divorce-Religion Link," March 7, 2013

How Facebook contributes to divorce

2013-03-13T18:52:26Z

Does Facebook contribute to higher divorce rates in Ohio? In 2009, Facebook was cited as a contributing factor in one of nine divorce proceedings in the United States. One 2012 survey suggests that Facebook plays a role in one out of every three divorces. Exactly what role does Facebook play in the dissolution of marriage? Let's take a look.

Quite simply, the advent of Facebook and other social media sites has made cheating on a spouse less difficult. First, it has become much easier to reconnect with someone from your past. While it initially may seem harmless to look up an old boyfriend or girlfriend on Facebook, the ease of communicating via social media facilitates the rekindling of those old feelings. Facebook also makes it much easier to maintain an extramarital relationship. In the past, two people carrying on an affair had to meet in person or talk on the phone, which increased the risk of being caught. With texting, Facebook and other social media, it is now much easier to stay in contact with a lover without your spouse finding out.

]]> Facebook is impacting divorce in other ways, too. It has become common for divorce attorneys to use what is found on Facebook as evidence in divorce and other family law proceedings. For example, photos posted on Facebook that show you engaged in questionable behavior may be used as evidence against you in a child custody dispute. Status updates about expensive vacations or purchases may undermine your claim for spousal support.

If your marriage is on the rocks, it may be time to take a break from Facebook. If you continue to use social media during a divorce, at least use some discretion about what you post. Finally, if you have had some past lapses of judgment in your social media activity, let your divorce lawyer know for purposes of damage control.

Source: The Bakersfield Californian, "JAMIE BUTOW: Facebook could be key ingredient in divorce," Jamie Butow, Feb. 26, 2013

Baby boomer divorce has retirement implications

2013-03-06T01:59:04Z

More and more baby boomers in Ohio and across the nation are getting divorced. The divorce rate among people age 50 and over has doubled in the two decades between 1990 and 2010. Today, one out of every four divorces in the United States involves people in the 50-and-over age group. While a couple may avoid issues of child support and custody by waiting to divorce until after the children are grown and gone, the couple will face a whole new set of issues related to their retirement plans.

By the time a couple reaches their 50s, they likely will have accumulated significant savings towards retirement. Upon divorce, those retirement funds will be split equitably between the parties and will need to fund two separate retirements. It is much more expensive for two single people to retire than it is for one couple. Financial planning experts say total retirement costs for a couple will increase 30 to 50 percent upon divorce. For many couples, this may mean a delay in retirement or a serious scaling back of their retirement plans.

]]> For someone contemplating divorce after age 50, there are a few steps that can be taken to mitigate the negative retirement implications. One should hire a financial planner and start rebuilding his or her savings by reducing spending and saving as much as possible. One should also temper his or her adult children's expectations with respect to the financial support they will be provided in the future, including their inheritance.

Divorce is difficult at any age, and those approaching retirement age face additional complex issues involving the division of pension and retirement funds during the process. Individuals in this situation could benefit from seeking the advice of an experienced divorce attorney who can help ensure all marital assets are properly valued and equitably divided.

Source: USA Today, "Boomer divorce: A costly retirement roadblock," Rodney Brooks, Feb. 26, 2013

Unpaid child support may impact public assistance eligibility

2013-03-01T17:55:18Z

Single parents seeking public assistance for their children in Ohio may find that a child support proceeding is a necessary first step to qualifying for aid. It is standard procedure for states to look first to child support collection before granting aid as public services agencies prefer that both parents contribute to a child's support before taxpayers are asked to foot part of the bill.

If there is no current support order in place in a case, the state likely will require the custodial parent to obtain one before qualifying for support. This may be unwelcome news for a single parent who wants little to do with the other parent, including that parent's money. However, when the custodial parent seeks public support for the child, the state may go so far as to issue a new order that overrides a prior agreement that excused the non-custodial parent from paying child support.

]]> In the event that a support order is in place but one parent is not paying, the non-paying parent is subject to possible enforcement actions such as the garnishment of wages or tax refunds, withholding of licenses or liens on property. In addition, the custodial parent and child may have a much more difficult time qualifying for support because the unpaid support could be counted as income to the custodial parent.

In a situation where one parent is having trouble making child support payments, an experienced family law attorney can review the situation to determine if there are changed circumstances that warrant modification of the order. An attorney may also help pursue a child support enforcement action on behalf of a custodial parent if he or she is having difficulty making ends meet because the other parent is not paying.

Source: Monroenews.com, "Child Support Counts When Seeking Aid," Paula Wethington, Feb. 19, 2013

How to avoid the common mistakes of divorce

2013-02-20T02:49:02Z

It can be easy for Ohio residents to make mistakes when involved in divorce proceedings. After all, divorce is a highly complicated process. When undergoing divorce, you must continue to manage your day-to-day responsibilities while facing what seems like a never-ending cycle of legal, financial and emotional challenges. A critical mistake at any stage of the process may adversely affect your chances for a good outcome. That is why it is important to understand and avoid the common mistakes that are made during divorce.

Mistakes of a financial nature include not having a full understanding of all marital property and debts, agreeing to less child support than what you need, and failing to address the issue of continued insurance coverage in divorce. Keep in mind that marriage involves sharing all financial obligations, and what belongs to them belongs to you too. You are entitled to your fair share of it and to have any unique circumstances considered in reaching a fair settlement.

]]> It is easy to let your emotions take control during a divorce, which can lead to actions that are not in your best interests. Common emotional mistakes include sharing too much information with the wrong people or, conversely, holding back important information to avoid your spouse's anger or embarrassment. You are particularly vulnerable at the end of a marriage. That does not mean it is okay to sleep with your divorce lawyer or anyone else involved in your case. It also is not okay to engage in delay tactics, like switching lawyers multiple times.

Perhaps the biggest mistake one can make during divorce is not seeking appropriate help when it is needed. Failure to have proper legal representation can lead to all sorts of mistakes, like signing a agreement without thinking it through or violating a court order because you did not understand its terms. An experienced divorce attorney can guide you through the process so that you can take preventative measures to avoid these mistakes.

Source: Huffington Post, "17 Common Mistakes To Avoid In Divorce Proceedings," Sherri Donovan, Feb. 5, 2013

Bonus checks used to pay back child support

2013-02-13T20:39:31Z

Ford Motor Co. intends to give workers at the Ohio Assembly Plant profit-sharing bonuses of $8,300 in March. Workers who are in default on their child support payments will not see that entire amount, however. Under an Ohio law that took effect two decades ago, state child support agencies can intercept bonus checks and other one-time payments greater than $150 to cover delinquent child support payments.

The law, which was enacted in the '90s, also applies to lottery prizes and income tax refunds. When a parent is more than 45 days behind in making child support payments, an automatic administrative process is triggered to collect the arrearages. Employers must notify the state agency when it pays bonuses or makes other one-time payments to employees, and amounts owed in back support will be taken out of the bonus checks.

]]> Around 250 workers at Ford's Ohio Assembly Plant are subject to child support orders. Not all of them are in default, however; those who are current on their child support payments will receive the full profit-sharing check.

In Ohio, child support guidelines are used to determine how much a non-custodial parent owes in child support based on that parent's income and other factors. Failure to make support payments is not the right way to handle a dispute over the amount owed; it is the child who suffers the most as a result of a parent's non-payment. A knowledgeable family law attorney can help in the event of a child support dispute by obtaining a modification to an existing court order if appropriate or can assist with an enforcement action against a parent in default.

Source: The Chronicle-Telegram, "Ford bonuses could go to child support for those who are behind," Brad Dicken, Feb. 1, 2013

Ohio dad barred from having more kids

2013-02-07T08:38:09Z

A Lorain County judge has told an Ohio man that he cannot have any more children during the five years he is on probation for failure to pay child support. The Elyria man, who has four children, owes almost $100,000 in back support payments. The judge said he issued the no-procreation order for one reason only: the man's failure to take personal responsibility for his existing children.

The exact terms of the judge's order require the man to "make all reasonable efforts to avoid impregnating a woman." At the sentencing, the man's attorney argued this requirement violates his client's basic rights because it effectively prohibits him from having sexual intercourse. Abstinence is the only certain way to guarantee compliance, the attorney asserted, but the judge was not persuaded; he said if the man violates the terms of the probation, he will face a year in prison.

]]> While this is an extreme case, all too often non-custodial parents find themselves behind in making their monthly child support payments. After missing a couple of payments, it can be difficult to get caught up. A parent not complying with the terms of a support order may be charged with contempt of court, which can carry jail sentences, fines or even denial of visitation. If the failure to pay support is due to a substantial change in circumstances, such as loss of job or parental disability, it may be possible to seek modifications to an existing court order to reflect the new circumstances.

If you have fallen behind in your child support payments, an experienced child support attorney may be able to help. He or she may be able to review your situation to determine grounds to seek a child support modification.

Source: The Chronicle-Telegram, "Judge tells man who owes nearly $100K in child support to stop having children," Brad Dicken, Jan. 24, 2013