“Helping Children Succeed After Divorce”, Seminar Update

By Anne Shale   |   October 10th, 2009

It has been six months since our first blog article appeared regarding the Montgomery County Domestic Relations Court’s “mandatory requirement” that both parents must attend a seminar intending to assist parents in understanding what each must do to help their children succeed after a divorce or dissolution. Several questions have arisen since the initial article was published, and I shall endeavor to address them.

Question #1: Divorce is proceeding in Montgomery County, Ohio, but Wife/Mother has relocated to the State of Florida.  What is she supposed to do about the requirement to attend a seminar in the State of Ohio?

Once again, I contacted Galen Curry, Manager of the Parent Education Department of the Domestic Relations Court of Montgomery County, Ohio, and he advised me of the following options:

  • Mother could arrange to take the course in Montgomery County, Ohio, before the final divorce hearing, immediately after the final divorce hearing, or within a few days of the final divorce hearing in the State of Ohio.
… View Full Article → ““Helping Children Succeed After Divorce”, Seminar Update”

Simple Year End Tax Tips

By Joseph E. Balmer   |   October 3rd, 2009

As the end of the year approaches, the following simple tax tips can keep taxes as low as possible.

    1. Charitable gifting. Charitable donations may be used as deductions against your taxable income.  However, all charitable donations must be supported with written receipts unless under $250 in which case a bank record is sufficient.  Also, donations of services or your time are not tax deductible.
    2. Gifting in general. Each individual may gift up to $13,000 per year to an unlimited number of individuals without filing a gift tax return.  Any gifts over $13,000 per year reduce the lifetime gift tax exclusion of $1,000,000.  Once the lifetime exclusion is exhausted, gift taxes must be paid.
    3. Pay property taxes early. Real estate taxes are deductible.  For taxes due early next year, if you pay them this year, you can use them as a deduction.
    4. Sell poor performing securities. Losses can be offset against gains reducing any capital gains.  
… View Full Article → “Simple Year End Tax Tips”

Fact or Fiction: Biological Children Fare Better Than Adopted Children?

By Robert "Chip" Mues   |   September 26th, 2009

According to figures from the U.S. Census Bureau, there are 2.1 million adopted children and 4.4 million stepchildren of householders as estimated from the Census 2000 sample. Together, these children represented approximately 8 percent of the 84 million sons and daughters of householders in 2000.

It is a fact, based upon several recent surveys, that children in adoptive households are treated better than children in homes with two biological parents!  Adoptive parents were more likely to enrich their children’s lives to compensate for the lack of biological ties and invest more effort recognizing that adopted children needed more help to succeed. Nigel Barber, Ph.D., author of Kindness in a Cruel World, wrote a fascinating article in Psychology Today Blogs on June 1, 2009, about the subject (click here to read).  He analyzed two recent studies, both of which have findings that are inconsistent with the fairy-tale claim that parents cannot treat genetically unrelated children as well as their own kin.… View Full Article → “Fact or Fiction: Biological Children Fare Better Than Adopted Children?”

The Dependency Tax Exemption Requirements Have Changed For 2009!

By Robert "Chip" Mues   |   September 19th, 2009

In 2008, the IRS amended Code Section 152(e), the section which addresses the subject of the child dependency exemptions for divorced or separated parents. The old rule and procedures have been changed dramatically.

Here is a summary of the dependency exemption requirements:

  • The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
  • The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age if permanently and totally disabled.
  • The child must have lived with you for more than half of the year.
  • The child must not have provided more than half of his or her own support for the year.

If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.  … View Full Article → “The Dependency Tax Exemption Requirements Have Changed For 2009!”

A Commentary: Nurturing Children After Divorce

By Robert "Chip" Mues   |   September 12th, 2009

Considering a multitude of differing perspectives and insights helps me to better hone my skills as a divorce lawyer.  What I see and hear every day is rarely black or white, but a rainbow of shades of gray. One way of broadening my viewpoint is to read all sorts of blogs each week, an activity which I totally enjoy! Consistently, one of my favorites is Michael Mastracci’s Divorce Without Dishonor Blog. Mike is an excellent attorney from Baltimore, Maryland. His own difficult and acrimonious divorce and child custody battle led to his personal interest in collaborative family law.  Attorneys and clients both should include his blog on their frequent read list. Mike regularly espouses ethical, moral and philosophical standards that we should aspire to meet. I have personally and professionally been a proponent of child welfare issues for over 30 years.  So, when I read his recent post about “What We Are Teaching Our Children of Separation and Divorce,” I had to ask Mike if I could have his permission to republish it.… View Full Article → “A Commentary: Nurturing Children After Divorce”

Should Ohio Social Workers Be Looking Over Their Shoulders?

By Shawn P. Hooks   |   September 5th, 2009

The legal analysis posted last week on this blog by Daniel Pollack discussing legal immunity for children services social workers was comprehensive and well done. A review of Ohio federal cases on point is very interesting and enlightening.

The Sixth Circuit Court of Appeals has decided on the issue of whether a caseworker can be personally liable.1 In Holloway, the court determined that absolute immunity applies to a caseworker only when they are acting in the scope of a legal advocate (such as a prosecutor) which is not their role under Ohio law.  The caseworker sued in Holloway withheld information from the Court that the mother had attempted to assert her parental rights, lying to the mother in telling her that her parental rights had been terminated when they had not and in failing to share information which would have allowed mother an opportunity to assert her rights in Court.   … View Full Article → “Should Ohio Social Workers Be Looking Over Their Shoulders?”

Is There Legal Immunity for Social Workers Who Lie?

By Guest Contributor, Daniel Pollack   |   August 29th, 2009

It is an accepted principle that a parent has a constitutionally protected interest in the custody and care of his or her child.  This interest does have exceptions, especially when the child may be in immediate or apparent danger. This is when child protection services gets involved. Crucial to every child protection investigation is to establish the facts and circumstances of the case. When these are presented to the court at a dependency hearing, the evidence may become proof.

The best professional judgment of child protection workers may, in hindsight, be wrong.  For this and other reasons, child protection workers usually have some level of immunity from prosecution.1  When individual government officials are sued for monetary damages they generally are granted either absolute or qualified immunity. The United States Supreme Court has stated that qualified immunity is the norm, absolute immunity is the exception.2

Should that immunity disappear when, in their official capacities as child protection workers, they make knowingly inaccurate or false statements which result in the wrongful removal of a child?  … View Full Article → “Is There Legal Immunity for Social Workers Who Lie?”

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