Be Sure to Pull Your Free Credit Report

By Robert "Chip" Mues   |   July 1st, 2008

As part of the divorce proceedings, your attorney will at some point be trying to determine what credit card debts are in each of your individual names as well as shared accounts and authorized user accounts. Often times, understandably, clients are not sure. The distinction in the type of account is important, as it not only affects future liability on the account but also future reporting to the bureaus.

The liability for an individual account lies with the person whose name is on the account (presumably the person who opened it). A shared or co-debtor account allows the credit card company to go after either or both parties on the account. An authorized user situation creates a more complicated scenario. The credit card company cannot attempt to collect payments from a mere authorized user. Their recourse for collection is against the individual whose name is on the account so long as the authorized user did not sign the application or give their social security number to the credit card company.… View Full Article → “Be Sure to Pull Your Free Credit Report”

The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 2

By Anne Shale   |   June 24th, 2008

In part 2, Attorney Anne Shale lists four more functions of a Guardian ad Litem in the State of Ohio including her conclusion.

Who pays for the services of the Guardian ad Litem?

The Court has great discretion in determining which party shall pay for the services of a Guardian ad Litem. In many instances, the Court will initially direct each party to pay for one half of the Guardian ad Litem’s fees. Depending upon the recommendations of the Guardian ad Litem, the Court may reserve the right to reallocate or reapportion the payment of the fees for the Guardian ad Litem.

For example, if Mother is asserting that Father is abusive with a harmful dependence upon drugs and/or alcohol and the Guardian ad Litem finds no evidence of same with his/her investigation of the family unit, the Court may direct Mother to pay for all of the Guardian ad Litem’s fees.… View Full Article → “The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 2”

Vacationing Without the Kids? Don’t Leave Until You Have Prepared an Emergency Medical Authorization Form

By Robert "Chip" Mues   |   June 18th, 2008

I typically receive several phone calls this time of year asking me if I have a generic Emergency Medical Authorization Form that parents can complete since they are headed out of town without the kids. This panicked call usually comes less than 24 hours before the departure time! It is very important to leave the caregiver this type of emergency authorization to be sure any necessary medical treatment will be provided to your child timely and without lots of “red tape” in your absence. So, to avoid those calls, I have attached my Emergency Medical Authorization Form to this article.  Download: .pdf | HTML

Try to relax and enjoy the time away from the kids. Happy travels!

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Father’s Day Reflections, Including Freud and Tongue Biting

By Robert "Chip" Mues   |   June 14th, 2008

Father’s Day can be an extremely difficult one for many children. Unfortunately, thousands of children will not be with their father this Father’s Day due to many factors including divorce, death or service in the armed forces. As a result, many children don’t have the opportunity for a traditional Father’s Day.

I’d like to offer some thoughts about the importance of this day from the perspective of both a father and a practicing divorce lawyer for 30 years:

  1. Take the High Road. If it’s within your power to help a child spend some time or even talk with his or her father on Father’s Day, take the high road and make a special effort to make it happen. Across the country, thousands of children and fathers don’t have the opportunity to share their feelings with each other.
  2. Are You Too Busy to See Your Children? If you happen to be a father who lives with, or has access, to your children, realize how blessed you are to have children and don’t waste the opportunity to tell them how much you love them and how important they are to you!
… View Full Article → “Father’s Day Reflections, Including Freud and Tongue Biting”

The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 1

By Anne Shale   |   June 9th, 2008
What is a Guardian ad Litem?

A Guardian ad Litem (“GAL”) is usually a lawyer appointed by the Court to appear in a lawsuit on behalf of an incompetent or minor party. In Juvenile Court cases and Domestic Relations cases, the Guardian ad Litem is appointed on behalf of a minor child or minor children in custody, visitation, and/or other disputed child-related issues.

What does the Guardian ad Litem do?

The Guardian ad Litem is appointed by the Court to undertake an investigation of custody issues, visitation issues, and other parenting issues before the Court. The Guardian ad Litem is expected to meet with each parent individually and to meet with each parent and the child or children to be able to observe the interaction between each parent and the child or children. The Guardian ad Litem is also expected to meet with the child or children individually to determine the wishes of the child or children.… View Full Article → “The Role and Functions of a Guardian ad Litem in the State of Ohio, Pt. 1”

If You Owe Back Support, Don’t Expect Your Stimulus Check

By Robert "Chip" Mues   |   June 2nd, 2008

The IRS is treating the stimulus checks as if they were tax refunds. On their website, the IRS indicates that the amount of the stimulus check will be reduced or seized if :

  • You are single and your net income tax liability is less than $600. If you file Form 1040 net income tax liability is the amount shown on Line 57, plus the amount on Line 52.
  • You are married and your net income tax liability is less than $1,200.
  • You are single and your adjusted gross income (AGI) is more than $75,000. On Form 1040, AGI is the amount on Line 37.
  • You are married filing a joint return and your AGI is more than $150,000.
  • You owe back taxes that reduced your payment.
  • You have non-tax federal debts such as unpaid student loans or child-support obligations that reduced your payment.

If the IRS is reducing or seizing your stimulus check, they are supposed to mail you a letter of explanation.… View Full Article → “If You Owe Back Support, Don’t Expect Your Stimulus Check”

Pet Ownership In Divorce Proceedings

By Robert "Chip" Mues   |   May 28th, 2008

For lawyers and others interested in an excellent journal article on this subject.

Puppy Love: Providing for the Legal Protection of Animals When Their Owners Get Divorced by Heidi Stroh, 2 J. Animal L. & Ethics 231 (2007). The article examines pet ownership in divorce proceedings. Ms. Stroh concludes that the various states should adopt statutes providing clear guidance for pet custody decisions.  It is available through Lexis and Westlaw.

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