Ohio Family Law Blog

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New Child Support Guidelines in Ohio Take Effect on March 28, 2019

By Robert "Chip" Mues | March 9th, 2019

These Are The Changes To The New Law You Should Know About. But Does It Effect Child Support And Parenting Time?

On July 17, 2018, we first posted a LEGAL ALERT on the Ohio Family Law Blog about the passage of H.B. 366 which repealed the present Ohio child support schedule. Our current law has been in place for 25 years! Here is the link to that article.

The new law, which becomes effective on March 28, 2019, is quite complicated and a substantial change in many areas. Like many Ohio divorce lawyers, I am learning its implications and training staff with these changes. Our firm has installed the new specialized computer software needed to properly calculate child support. I have even compared a few scenarios with the schedules anyone can find online. I can tell you that those free schedules do NOT include certain adjustments that can dramatically affect the outcome.… View Full Article → “New Child Support Guidelines in Ohio Take Effect on March 28, 2019”

Blast From The Past: Breaking Bad Habits: If Your Resolutions Are Slipping Away

By Guest Contributor Donna F. Ferber, LPC, LADC | March 2nd, 2019

PUBLISHERS NOTE: Psychotherapist Donna F. Ferber penned this post back in 2014. It is still a good read about how to get life in balance and to do the things that we know we need to accomplish for our happiness. March is known unofficially as “Divorce” month. Typically, it is the month of the year in which the highest number of divorce cases are filed. If one of your New Year’s resolutions was to consider getting a divorce, come see at our Dayton law firm of Holzfaster, Cecil, McKnight & Mues to discuss your rights and options. In any event, try to keep working on the resolutions geared at your well-being and happiness.

Don’t Let Your Resolutions Slip Away! Tips To Break Those Bad Habits

Research shows that most people have given up on their New Year’s Resolutions by the third week of January. Here are a couple of tips that might help you beat the odds and reach your goal.… View Full Article → “Blast From The Past: Breaking Bad Habits: If Your Resolutions Are Slipping Away”

Gray Divorce Rates Continue to Rise!

By Robert "Chip" Mues | February 23rd, 2019

Rate Of “Gray Divorce” More Than Doubled For Couples Age 50 And Over

When it comes to divorce, could gray be the new black? The divorce rate in the United States of couples age 50 and over has more than doubled. According to research conducted by I-Fen Lin and Susan Brown, in 1990 1 out of 10 people that went through a divorce was over 50 years or older. Presently 1 in 4 people who get divorced fall into the age bracket of 50 or over. The research showed that gray divorces aren’t just for older couples who have been married previously. In fact greater than half of gray divorces are with husbands and wives who have been married 20 years of more.

Tipper and Al Gore are a classic example of a gray marriage. Married for 40 years, and with 4 children, they had grown apart and decided to part ways.… View Full Article → “Gray Divorce Rates Continue to Rise!”

The Ohio Supreme Court Gives a Win to Surviving Spouses Over Creditors

By Joseph E. Balmer | February 16th, 2019

Ohio Supreme Court Rules That A Creditor Must Look At The Deceased Spouse’s Estate Before Pursuing A Surviving Spouse For Debt Payment

In a somewhat surprising decision, the Ohio Supreme Court on December 12, 2018, in Embassy Healthcare v. Bell provided some relief to surviving spouses for the debts of their deceased spouses under certain situations. Now, a creditor must look to the deceased spouse’s estate first before pursuing the surviving spouse for payment.

To understand the argument on both sides, one must first look to the existing statutory law. Under current existing Ohio statutory law, any creditor looking to be paid by a debtor’s estate must present a claim to the estate of the decedent within 6 months of the decedent’s death or the claim is banned forever. However, there is also the “necessaries statute” that states every spouse is directly responsible to care for his or her spouse if they are unable to do so.… View Full Article → “The Ohio Supreme Court Gives a Win to Surviving Spouses Over Creditors”

How Attorneys and Expert Witnesses Can Effectively Manage Each Other in Domestic Violence Cases

By Guest Contributors Daniel Pollack And Toby Kleinman | February 9th, 2019

Communication Crucial Between Attorneys And Experts in Domestic Violence Cases

The Trust Between Attorneys And Expert Witnesses Essential To Successfully Litigate A Domestic Violence case

If the lawsuit necessitates that an expert be retained, the attorney and expert need to have a relationship built on trust. This is particularly important so they can each manage the other’s expectations. How can this be accomplished?

It’s a slogan we all know: Customer satisfaction is priority number one. No different than a customer-salesperson relationship, a client embroiled in a domestic violence case who hires an attorney is looking for a positive result. Nonetheless, the attorney needs to manage the client’s expectations by properly informing the client of the intricacies and unpredictability of the legal process, and the client needs to understand the realistic potential outcomes.

If the lawsuit necessitates that an expert be retained, the attorney and expert need to have a relationship built on trust.… View Full Article → “How Attorneys and Expert Witnesses Can Effectively Manage Each Other in Domestic Violence Cases”

Blast From The Past: Thoughts about Your Divorce Day

By Guest Contributor Donna F. Ferber, LPC, LADC | February 2nd, 2019

PUBLISHERS NOTE: Here is a classic from Connecticut Psychotherapist Donna Ferber, first published on the Ohio Family Law Blog on July 10, 2010. Her advice about surviving your final divorce court date is still right on target! Also, check her books and her website out at www.DonnaFerber.com

Survival Tips For Preparing For Your Day In Divorce Court

Just as each marriage is unique, so is each divorce. Your reaction to the final legal decree will vary from that of others going through this process. Your feelings will be based on your own special circumstances and will depend upon a number of factors:

How reconciled you are to the divorce.
How much time has passed between the filing of the original papers and the final day.
How much acrimony still exists with your spouse.
How much rebuilding of your own life you have already done.

Divorce Day can bring about a myriad of feelings, ranging from extreme sadness to exuberant joy to calm indifference.… View Full Article → “Blast From The Past: Thoughts about Your Divorce Day”

Ohio Alimony Revisited Under the New Tax Law

By Robert "Chip" Mues | January 26th, 2019

Existing Alimony Deduction Repealed Under New Tax Law

Under Ohio divorce decrees, alimony (spousal support) payments have been typically deductible to the payor and taxable to the recipient. The income tax treatment of these payments has been a significant factor in negotiating the amount of alimony. For new divorce cases not completed before January 1, 2019, these payments are now "neutral" per the new Tax Cuts and Jobs act. The existing alimony deduction has been repealed. This means that newly divorced individuals will not enjoy the benefits/burdens of alimony taxability (unless there was a executed separation agreement preserving such previous tax treatment signed prior to the end of last year).

A New Frontier For Operating Under The New Tax Law And Divorce In Ohio

What does this mean for individuals now in the process of divorcing or who get divorced after the Tax Cuts and Jobs Act in 2019? Essentially, we are now in the infancy of operating under the new tax law and divorce Courts are evaluating a fresh and starting to formulate new positions/practices.… View Full Article → “Ohio Alimony Revisited Under the New Tax Law”

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