New Strategies To Protecting Assets From Medicaid Through Long Term Health Care Insurance

By Joseph E. Balmer   |   November 29th, 2008

While not directly on the topic of family law per se, Attorney Joe Balmer, head of the estate planning and probate department at Holzfaster, Cecil, McKnight & Mues, has written an important article on Medicaid planning that warrants reading.

Thanks to Ohio’s Long-term Care Partnership Program, which became effective in September of 2007, it is now possible to protect more of one’s assets from Medicaid spend down through the use of certain long-term health insurance policies. However, certain criteria must be followed and it is important to purchase any such policy from an experienced long-term health care insurance professional.

Long-term health care services include help with activities of daily living, home health care, respite care, hospice care, adult day care, nursing home care and assisted living facility care. Neither Medicare nor most traditional health care insurance plans cover most costs of long-term care.  Statistics show that the current life expectancy of a 65 year old is 18 additional years and in 2005, 5 percent of all people 65 years or older resided in a nursing home. … View Full Article → “New Strategies To Protecting Assets From Medicaid Through Long Term Health Care Insurance”

Can Parental Alienation Be Far Behind? The Warning Signs Every Family Lawyer Should Know

By Guest Contributor, Judianne Cochran   |   November 22nd, 2008

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

It is important that family law attorneys remain aware of the patterns of behavior found in cases involving possible parental alienation and pay heed to ongoing complaints by clients experiencing even the early stages of alienating behavior. Early in a custody case it can be very apparent that one parent is extremely angry, bitter or feels betrayed, by both the other parent and by expectations of the “system”. Having to share custody may only intensify the anger due to having to continue the relationship with a person they despise. Then a campaign begins to align the children to his or her side and together with the children work to destroy any viable relationship with the target parent.… View Full Article → “Can Parental Alienation Be Far Behind? The Warning Signs Every Family Lawyer Should Know”

What Is Parental Alienation And Parental Alienation Syndrome?

By Robert "Chip" Mues   |   November 15th, 2008

Submitted by Robert L. Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

There are a number of different factors and circumstances that have an effect on the determination of custody in Ohio. According to O.R.C. §3109.04(F)(1), the court must consider all relevant factors when determining the best interest of the child. One of those relevant factors under Section 3109.04 (F)(1)(I) includes whether either parent has continuously and willfully denied the other parent’s right to parenting time or visitation as ordered by a court. While visitation denials may be relatively easy to prove in court, that alone doesn’t amount to parental alienation. Further, it is not uncommon for some amount of alienation to occur when parents first separate. Usually, the alienation subsides after the parents’ transition through the separation and move on with their lives. In some cases it doesn’t, and instead it continues and escalates to what has become referred to as “Parental Alienation Syndrome”.… View Full Article → “What Is Parental Alienation And Parental Alienation Syndrome?”

Are Parents with ADHD Children at a Higher Risk for Divorce?

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

A recent study correlating divorce rates among parents with ADHD children was recently conducted by Brian T. Wymbs and William E. Pelham, Jr., at the University of Buffalo, and published in the October, 2008, issue of the Journal of Consulting and Clinical Psychology. The conclusions included that raising ADHD children can place a strain on any marriage. The results showed that 22.7% of couples with an ADHD child became divorced by the child’s 8th birthday, as contrasted with 12.6% in the control group whose child had not been diagnosed with ADHD. Interestingly, after the child reached the age of 8 years old, there was not a significant statistical difference in the divorce rates between couples with or without an ADHD child. For more information about the study, including the characteristics which may impact the likelihood of a divorce, click here.… View Full Article → “Are Parents with ADHD Children at a Higher Risk for Divorce?”

Artemis Center: Dayton’s Domestic Violence Resource Agency

By Anne Shale   |   October 25th, 2008

In recognition of October having been declared Domestic Violence Awareness Month, this post explores the mission goals and philosophy of the Artemis Center in Dayton, Ohio.

On Tuesday, October 14, 2008, I had the opportunity to meet with and to interview Patti Schwarztrauber, the Executive Director of Artemis Center since April, 2002. The Executive Director, having a Master’s Degree in Social Work (MSW) and being a Licensed Social Worker (LSW), began her employment with Artemis Center in 1997. She worked at various positions, including being a Children’s Therapist and serving as a liaison between Artemis Center and Montgomery County Children’s Services before being named Executive Director six (6) years ago.

I learned that in Greek mythology, Artemis was traditionally the friend and protector of women in childbirth and young children. Artemis, a female, was associated with a mythological forest. Accordingly, a saying developed over time- “no harm shall come to those who walk in the woods of Artemis.”… View Full Article → “Artemis Center: Dayton’s Domestic Violence Resource Agency”

The Name Game: Shirley, Shirley bo Birley . . .

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

Don’t forget to discuss with your Dayton divorce lawyer before the final hearing if you want to be reinstated to a former name. This is the time to accomplish the name change with ease, and typically, without any additional costs! Procedures vary from court to court whether the name change can be submitted as part of the Final Decree or by way of a separate Court Order. Either way, it is easy, and the wife has the right to decide whether she wants to keep her married surname. No, husbands, you cannot require your ex to relinquish your surname. And wives cannot pick a new surname; they can only be reinstated to a maiden or former name.

If you decide months after the divorce that you want to go back to a former name, it may be too late to have the Domestic Relations Court enter the name change for you.… View Full Article → “The Name Game: Shirley, Shirley bo Birley . . .”

Part 2 -The Consequences of Domestic Violence Victims Changing Their Identity

By Robert "Chip" Mues   |   October 11th, 2008

Submitted by Robert Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

Some cases of domestic violence in Dayton are so severe that an identity change may seem to be the only solution. At first glance, changing one’s social security number and name is an enticing proposition. However, there are a number of very serious consequences to consider before taking this drastic step.

Negative Consequences to Changing Your Identity and Social Security Number:

The effects of changing one’s identity and social security number are lasting. The victim is essentially eliminating any connection with his/her prior life and literally starting from scratch. The victim loses all professional and academic credentials, past credit history (good or bad), and loss of interaction with family and friends of the victim. This, in turn, makes it incredibly difficult to find a new career, buy a house or rent an apartment, obtain any type of insurance, or safely contact any former friends or family.… View Full Article → “Part 2 -The Consequences of Domestic Violence Victims Changing Their Identity”

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