Special Needs Trusts in Ohio in a Nutshell

By Joseph E. Balmer   |   December 31st, 2016

Should an individual with special needs receive a large sum of money, it is often wise to have the individual or his/her fiduciary establish a special needs trust in order to not jeopardize assistance already being received such as Medicaid or SSI.  Should a parent or grandparent wish to provide funds to a special needs individual and not jeopardize assistance being received, a special needs trust may also be a good idea.  However, before embarking on such an endeavor, it is critical to understand the different types of special needs trusts and their requirements or else risk losing the benefits already being received.

Set Up Special Needs Trusts To Protect Existing SSI Or Medicaid Benefits

The most common special needs trust created by and with assets of a third party is known as a discretionary “supplemental needs” trust.  With such a trust, there is no requirement that funds be turned over to the state upon the death of the beneficiary.  … View Full Article → “Special Needs Trusts in Ohio in a Nutshell”

Do you Believe in Magic?

By Guest Contributor Donna F. Ferber, LPC, LADC   |   December 24th, 2016

Some weeks ago, I tuned into an NPR radio interview with Penn and Teller, those amazing magicians/entertainers who have for decades defied logic and fooled us with their brilliant illusions.

What caught my interest was the oddity of the interview. The dynamic duo of Penn and Teller were being interviewed separately. This intrigued me as I wondered how NPR would handle empty radio air space if the usually silent Raymond Teller continued to be mute.

Luckily, he did not. And among the thought provoking things he had to say was this, “Nothing fools you better than the lie you tell yourself.” Of course, he was talking about magic. But I was thinking about denial. It never occurred to me before that moment that magic has so much in common with denial. The point of intersection is simple-We WANT to believe.

We know when something is “off”; maybe we can’t see it, but we feel it.… View Full Article → “Do you Believe in Magic?”

Take the ‘Gimme’ out of Christmas!

By Robert "Chip" Mues   |   December 17th, 2016

PUBLISHERS NOTE: ‘Tis the season for me to at least think about writing a new blog article for the holidays. I have been publishing the Ohio Family Law Blog for 9 years now, so I decided to go back into the archives and read some of my past posts about the holidays. This one from December 11, 2010, caught my attention. The traditions mentioned in it have continued in our family.  The post stands the test of time (at least in my mind). So, here it is once more!

I haven’t written an article about the holiday season for the Ohio Family Law Blog for a couple of years. At that time, I mentioned that this is certainly an appropriate time to reflect upon core values as well as memories of past Christmas celebrations and traditions.

In our family, we were very involved with a Christmas project providing gifts for needy children for many years while our sons were growing up.… View Full Article → “Take the ‘Gimme’ out of Christmas!”

Divorce Rate Up for Older Women: The Financial Impact Divorcing Later in Life

By Robert "Chip" Mues   |   December 10th, 2016

The “golden years” may not be so “golden” for those couples who choose to part ways later in life.  According to researchers, even though divorce rates in general seem to be stabilizing, the divorce rate among the “baby boomer” generation continues to increase.

This trend is proving to have a disproportionately negative effect on women over 50.  Recent studies show that 1 in 5 women over 65 are still working.  This number is 2 times higher than it was in the 1980s.

Divorce Later In Life Proving Difficult Financially For Women Over 50

Compared to couples who split when they are young, divorcing later in life is proving to have severe, financial impacts on the older population, particularly women. In a recent study, Claudia Olivetti of Boston College and Dana Rotz of Mathematica Policy Research surveyed 56,000 women and found that in comparison to those who divorce at age 30, women age 50 and above are 10% more likely to be working full-time between the ages of 50-74.… View Full Article → “Divorce Rate Up for Older Women: The Financial Impact Divorcing Later in Life”

Do I Really Need a Lawyer for My Ohio Divorce?

By Robert "Chip" Mues   |   December 3rd, 2016

Consultation With An Experienced Family Law Attorney Helpful When Filing for Divorce

A lot of people ask or search online for the answer to this question. No one likes to spend money for a lawyer. I have attached a link that the Montgomery County Ohio Domestic Relations Court provides to the public. It is titled The Citizen’s Guide to the Montgomery County Common Pleas Court: Domestic Relations Division.

The Guide is well written, but demonstrates the complexities of the divorce or dissolution process with all the forms and rules that must be followed.

I also came across information on this topic provided by the Legal Aid Network of Kentucky. Their guidance is on point.

Do I have to have an attorney to file for divorce?

No, you do not have to have an attorney to file a divorce, but it would be helpful. It would be easier if you have an attorney, because the attorney is familiar with the divorce laws and with the courts.… View Full Article → “Do I Really Need a Lawyer for My Ohio Divorce?”

Gay Marriage Alert: The IRS Finalizes Rules Recognizing Same-Sex Marriages

By Joseph E. Balmer   |   November 19th, 2016

Tax Returns To Be Amended By IRS To Reflect Same-Sex Marital Status Changes

In 2013, in United States v, Windsor, the U.S. Supreme Court found Section 3 of the Defense of Marriage Act to be unconstitutional.   Section 3 defined “marriage” as a legal union between one man and one woman and “spouse” as only a person of the opposite sex who is a husband or a wife.  The Court’s decision meant that married same-sex couples must be treated under federal law as married opposite-sex couples.

The IRS followed up with Revenue Ruling 2013-17.  The IRS concluded that, for federal tax purposes, the terms ” husband and wife”, “Husband” and “wife” should be interpreted to include same-sex spouses.  The IRS further concluded that, for federal tax purposes, recognition should be given to a same-sex marriage that was valid in the state where it was entered into, regardless of the married couple’s place of domicile.… View Full Article → “Gay Marriage Alert: The IRS Finalizes Rules Recognizing Same-Sex Marriages”

Divorce Research Shows Children Suffer No Real, Long-Term Effects of Divorce

By Robert "Chip" Mues   |   November 12th, 2016

Important Steps Parents Can Take To Minimize Negative Side-Effects Of Divorce For Their Children

Divorce can be earth-shattering for everyone, but arguably no one suffers more than the children involved. That being said, while divorce has proven to have devastating impact on these young people at the time, some research now suggests that these children do not experience long-term side-effects.

In an article in Scientific American Mind, authors Hal Arkowitz and Scott O. Lilienfeld acknowledge that while divorce is often extremely trying for children, studies show that as these children become adults, few experience lasting, serious effects.

While the divorce is occurring, and even in the period following, it is typical for kids to experience anxiety, anger, depression, shock, etc. However, Arkowitz and Lilienfeld argue that all of these negative effects are short-lived. In support of this, they point to a study conducted by sociologist, Paul R. Amato.  Amato’s research followed kids whose parents divorced during childhood, into their adolescence and teenage years.  … View Full Article → “Divorce Research Shows Children Suffer No Real, Long-Term Effects of Divorce”

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