Ohio Family Law Blog

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”

How Would an Ohio Court Deal with Alleged Adultery in a Bezos Type Divorce?

By Robert "Chip" Mues | January 19th, 2019

PUBLISHERS NOTE: Neither Jeff or MacKenzie Bezos live in Ohio. They live in Washington (where Amazon is headquartered). Nor, do we truly know all the facts of their highly publicized divorce. This article is hypothetical in nature assuming Jeff Bezos has committed adultery and an Ohio Divorce Court had jurisdiction.

Is Adultery Grounds For Divorce In OhIo?

In the aftermath of Jeff Bezos recently announcing that he and his wife MacKenzie will be divorcing, I was asked if the divorce was in Ohio, how his purported affair would affect his divorce. In addition, I am assuming that there is no prenuptial agreement in my answer.

In Ohio, Adultery is a Ground for Divorce.

Under Ohio Revised Code Section 3105.01 (c) adultery is a ground for divorce. It is one of 6 statutory grounds recognized for divorce plus there is also the no fault basis of incompatibility. If the grounds were contested in a trial, the wife would have the burden of proving the adultery.… View Full Article → “How Would an Ohio Court Deal with Alleged Adultery in a Bezos Type Divorce?”

LEGAL ALERT: Ohio Raises the Minimum Age to Marry to 18 in Most Cases

By Robert "Chip" Mues | January 12th, 2019

Ohio Bans Underage Marrriages Putting An End To Child Marriage

Ohio has banned underage marriage between underage boys and girls. In addition, for the first time the law treats both genders the same. Previously, the law in Ohio had permitted boys at age 18 but 16 for girls to marry.

On January 7, 2019, Gov. John Kasich signed into law a measure that protects Ohio children against underage marriage. This new law was initiated in part as a result of a Dayton Daily News investigation that found 4,443 girls age 17 or younger were married in Ohio between 2000 and 2015, including 59 who were 15 and younger. Ohio records showed that three girls age 14 were married, including one pregnant girl who married a 48-year-old man! Prior to this law change, pregnant girls under age16 could marry if they had parental consent and juvenile court approval.

80% Of Teen Marriages End In Divorce

On May 12, 2018, we published “Teen Marriages and the Push for Reform in Ohio” on the Ohio Family Law Blog.… View Full Article → “LEGAL ALERT: Ohio Raises the Minimum Age to Marry to 18 in Most Cases”

NEW YEAR’S RESOLUTION: MAKE A WILL!

By Joseph E. Balmer | January 5th, 2019

Estate planning does not necessarily have to be complicated or confusing!

Most Adults Have No Estate Plan, Nor A Simple Will According To Study

It’s that time of year when best intentions are set forth and New Year’s resolutions are made. However, according to U.S. News and World Report, by February over eighty percent of those new year’s resolutions have been broken. For many, it is time to make a very important resolution that is easy to keep and will provide benefits for years to come. Make a will.

Many of us have heard or read lately of some of the celebrities who have died with large estates and no estate planning, creating headaches and confusion for their loved ones-celebrities such as Prince, Aretha Franklin and Michael Jackson, to name a few.

However, even those with more modest estates need estate plans to ensure that their savings are passed on to those that they intend.… View Full Article → “NEW YEAR’S RESOLUTION: MAKE A WILL!”

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