The Pros and Cons Of Victims Of Domestic Violence Changing Their Identity

In recognition of October having been declared Domestic Violence Awareness Month, this post and next week’s article focus on trying to assist individuals who have faced such devestating violence.

This is the first of a two part article on this subject. While not widely known, the Social Security Administration had established a procedure in 1998 for victims of family violence to obtain a new Social Security number. The Administration states:

“Public awareness campaigns stress how important it is for victims to develop safety plans that include gathering personal papers and choosing a safe place to go. Sometimes the best way to evade an abuser and reduce the risk of further violence may be to relocate and establish a new identity. Following these changes, it also may be helpful to get a new Social Security number.

Although Social Security does not routinely assign new numbers, we will do so when evidence shows you are being harassed or abused or your life is endangered.… View Full Article → “The Pros and Cons Of Victims Of Domestic Violence Changing Their Identity”

New Military Survivor Benefit Election (SBP) Procedure

I hate to get too technical, but I recently learned that there has been a significant change in the manner in which the Defense and Accounting Service will allow a continuation of payments to a former spouse after the military member/retiree dies. This SBP procedure used to be simple for the attorney. Previously, all that was needed was a timely letter from the attorney to DFAS requesting the election along with a copy of the court order and decree.

Guess what? After September 27, 2008, the ONLY manner such a survivor benefit election can be accomplished is by submitting to DFAS a completed DD 2656-10 form along with a copy of the decree. If the old approach is utilized, the election will NOT be valid. Click here to see a memo from the Under Secretary of Defense dated May 30. 2008, indicating the change.

The time perimeters have not changed. If the member/retiree requests the coverage, the deadline is one year from the date of the divorce.… View Full Article → “New Military Survivor Benefit Election (SBP) Procedure”

Divorce Cases Can Cause Emotional Explosions

Divorce cases can be emotionally devastating to the parties. As a family law attorney, I not only have to evaluate the facts and give sound advice to my client, but I need to use my best set of skills to assess the client’s emotional stability, support network, and anxiety level. Sometimes this is relatively easy and in other cases it is extremely tough.

I am writing about this topic after reflecting about the Dayton Daily News article on August 28, 2008, about the local Trotwood police detective who survived two gunshot wounds inflicted by his wife because she was upset that he was divorcing her. It is so sad that apparently her anger led her to take such an irrational and violent act. I have learned that reaction to a divorce can run the entire gamut, ranging from happiness, paralysis, anger, depression, revenge; and yes, even to murder or suicide. I often spend as much time in a client conference considering the emotional aspects of the client as the legal aspects.… View Full Article → “Divorce Cases Can Cause Emotional Explosions”

An Experienced Family Law Attorney – PRICELESS!

Gordon Gibb recently wrote an excellent article for lawyersandsettlements.com about the importance of hiring an experienced divorce lawyer. He lasers in on the topic with his opening sentences. “If there ever was a more important role for lawyers and litigation professionals, it is in family law. Corporate law, environmental law, even real estate law has nuthin’ on the complexities and the drama that explodes from divorce petitions, custody battles-even who gets to keep the family dog”. He concludes with “Experts suggest that if your relationship looks as though it is coming apart and you’re considering divorce, the best couple of hundred bucks you’ll ever spend is by sitting down with a reputable family law firm for a consultation. In an hour, the family attorneys can give you a pretty good idea of what you might be in for, what the dynamic, the payout and the cost, the likely custody arrangement, and in a nutshell what kind of life you’re going to have at the end of it all.… View Full Article → “An Experienced Family Law Attorney – PRICELESS!”

Lingo You Might Not Know From the Divorce World

If you find yourself involved in a divorce, custody case or other family law litigation you may run across some unfamiliar terms. Here are some common ones with a short definition:

AFFIDAVIT – Information provided under oath.  Often times pertaining to current finances, debts and assets.

BAILIFF – The judge’s assistant who helps with the court docket and often oversees the decorum in the courtroom.

CONTEMPT – An action requesting the court to punish a person for violating a prior Court order.

CONTINUANCE – A delay or postponement of a scheduled court appearance.

CPO – A “civil protection order”. An order which can be issued by the court in a domestic violence proceeding requiring a person to vacate a home and cease all contact/communication.

DEPOSITION – A form of discovery where opposing counsel gets to ask questions orally to a party or witness under oath in the presence of a court reporter before trial.… View Full Article → “Lingo You Might Not Know From the Divorce World”

What About “Manimony”?

Perhaps it is time to forget the “I am a man and can take care of myself” attitude. Did you know that under Ohio law, the factors for alimony or spousal support are gender blind? Up until the 1980’s there were few men who received spousal support from their wives, but times and attitudes are slowly changing. As more men are granted custody of their children or become stay at home dads, the need for women to pay both child and spousal support has increased. But interestingly, statistics show that “thirty-three percent of higher-earning spouses are women, but fewer than four percent of alimony payers are women”, according to a CNN article on Manimony (a slang term for alimony paid to men). In today’s society many men still refuse to request spousal support even if their spouse earns much more money than they do. So it seems that the inequality in spousal support awards may have more to do with male machismo than any legal bias.… View Full Article → “What About “Manimony”?”

Putting Aside the Boxing Glove, An Emerging Trend in Divorce Litigation

What I have sensed for a few years has now been corroborated by Gregg Herman, who chairs the American Bar Association Family Law Section. He says, “Divorce has become far less litigious in that more cases are settled than litigated.” The members of the American Academy of Matrimonial Lawyers have noticed the same phenomenon. In a poll last year, 58 percent of its members indicated that more of their divorce cases over the past five years were settled without trial. Only 12 percent said they were resolving fewer cases without trial. James Hennenhoefer, the president of the Academy, believes that there is a clear preference especially among middle-income clients to resolve cases with less contention, in part to cut down on costs.

Now I am not suggesting that nasty divorce cases don’t exist. They do. In my practice, custody/parenting issues still top the list of hotly disputed areas, followed by spousal support and division of retirement accounts.… View Full Article → “Putting Aside the Boxing Glove, An Emerging Trend in Divorce Litigation”

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