GAL: Proving Your Guardian Ad Litem Is Conducting a Superficial Investigation

By Thomas G. Kopacz   |   July 2nd, 2016

Crucial Steps Counsel Can Take To Challenge Investigation Findings From An Incompetent GAL (Guardian Ad Litem)

A month or so ago I took a trip out to Lake Tahoe for one of my college buddy’s bachelor party.  Let me tell you something about Lake Tahoe during the ski offseason, you gamble a lot.  And that is what we all did during the weekend.  We just gambled and placed bets on various sporting events at the three casinos Lake Tahoe has to offer.  I did not go crazy with the bets because my wife would murder me, but I had some fun taking a risk on the uncertainty of will I win or not.  Except for when I placed a bet against the Reds during their series with the Pirates.  I knew for a fact I was going to make money on that bet.

In any event, I often get that feeling of uncertainty when a Guardian Ad Litem (GAL) is appointed to any of my child custody cases.  … View Full Article → “GAL: Proving Your Guardian Ad Litem Is Conducting a Superficial Investigation”

Medicaid: Qualified Income Trust Needed For Eligibility

By Joseph E. Balmer   |   June 25th, 2016

ALERT: Significant Changes in Ohio’s Medicaid Income Rules Have Arrived! Qualified Income Trust Needed For Higher Income Families To Be Eligible

For those receiving long-term care services, Ohio’s Medicaid program has always had a monthly income limit.  In 2016, that limit is $2,199 per month.  However, until now, Ohio was a spenddown state, which meant that as long as the individual spent down each month on monthly expenses below the income threshold, the individual would be eligible to receive Medicaid services.  Effective July 1, 2016, no one will be able to spend down to meet the monthly income threshold, but will need to deposit any excess income into a Qualified Income Trust (QIT) to become eligible for Medicaid coverage.

A QIT will divert some of the applicant’s monthly income into an irrevocable trust managed by a trustee (usually a family member).  The trust can only be funded with the individual’s pension, social security or other income.  … View Full Article → “Medicaid: Qualified Income Trust Needed For Eligibility”

Father’s Day: Dad, Diapers, and Drinks!

By Robert "Chip" Mues   |   June 18th, 2016

Happy Father’s Day! How The Law Of Economics Relates To Fathers, And Their Purchasing Habits

Our law extern, Matthew Kimmel, penned this blog article. He took an interesting “twist” on Father’s Day! It is a humorous read…

On a family law blog, legal discussions about topics such as child custody or divorce are the norm.  However, with Father’s Day approaching, we’re going to shift all the focus towards Dad. Instead of analyzing traditional laws relating to domestic relations, the focus of this article will instead be on a “law” of economics that relates to fathers, as well as another newly emerging fatherly trend.

There are a variety of “urban legends” or tall tales that have been told time and time again throughout history and seem to take on a life of their own. I am going to discuss a tale about a marketing phenomenon targeted at fathers .  This urban legend doesn’t deal with Elvis still being alive or a foreign prince trying to give away their fortunes to you (although if anyone out there wants to step up and pay my law school debt, be my guest).  … View Full Article → “Father’s Day: Dad, Diapers, and Drinks!”

Estate Planning and Probate: The Effect of Titling of Assets

By Joseph E. Balmer   |   June 4th, 2016

Effective Titling Of Assets Can Benefit Estate Planning Probate Documents

Many people do not understand the distinctions between how one titles one’s assets and the resulting repercussions from it. Properly titling one’s assets can greatly increase the effectiveness of one’s estate plan. Some of these distinctions are described below:

  • Power of Attorney: Adding another individual as power of attorney on an asset does not convey any ownership rights, but allows an agent to manage the asset and utilize it just as if the owner could. The agent is known as your attorney-in-fact. Adding a power of attorney does not keep an asset from having to go through the probate process, but allows an agent to manage the asset (pay bills, etc.) without having to go through a guardianship proceeding.
  • Payable on Death/ Transfer on Death: often confuse Power of Attorney (POA) with Payable on Death (POD) designations. By designating someone as a Payable on Death (POD) beneficiary does not give any rights during the owner’s lifetime but allows the asset to pass directly to the payable on death beneficiary on the death of the owner without having to go through the probate process.
… View Full Article → “Estate Planning and Probate: The Effect of Titling of Assets”

Parenting Time: The “New” Standard Order of Parenting Time for Montgomery County, Ohio

By Anne Shale   |   May 28th, 2016

What Are The New Changes In The Standard Order of Parenting Time Regarding Mother’s Day And Father’s Day?

On September 3, 2011, I posted an article on the Ohio Family Law Blog about the “New” and “Improved” Montgomery County Standard Order of Visitation. At that time, the major change was in the way Summer Parenting Time was to be exercised. The Court decided that Fathers should have alternate weeks of visitation during the summer rather than being limited to just five weeks or thirty-five (35) days of visitation. Some Fathers have elected to take advantage of this change in the Standard Order of Parenting Time and some Fathers, because of work schedules and other factors, have simply chosen to stay with the four (4) to five (5) weeks of visitation during the summer vacation period.

On February 1, 2016, the Domestic Relations Court of Montgomery County, Ohio issued a “new” Standard Order of Parenting Time with the major difference being in the way that Mother’s Day and Father’s Day are addressed.… View Full Article → “Parenting Time: The “New” Standard Order of Parenting Time for Montgomery County, Ohio”

Social Security Benefits Can Be Maximized Post Final Divorce Decree

By Robert "Chip" Mues   |   May 21st, 2016

Divorce Final? How To Maximize Your Social Security Retirement Benefit By Utilizing The Divorced Spouse Benefit

Your divorce is finalized!  It is over and done, and you have moved on with your life.  The assets, monetary accounts, retirement accounts, and the like all have been divided per the divorce decree.  With that divorce decree in hand, you ex-spouse is no longer entitled to any future benefit you may receive, and that goes the same for you.  However, there is one benefit you want to keep in mind when you are approaching retirement age.  That benefit is the ability to collect Social Security Retirement on your ex-spouses record even if he or she has remarried!  Like all government benefits there are some requirements you must meet in order to collect under your ex-spouse’s work record.

This benefit, entitled divorced spouse benefit, requires the following:

  • Your marriage lasted 10 years or longer;
  • You are currently unmarried;
  • You are 62 years or older;
  • Your ex-spouse is entitled to Social Security retirement or disability benefits; and
  • The benefit you are entitled to receive based on your own work record is less than the benefit you would receive based on your ex-spouse’s work record.
… View Full Article → “Social Security Benefits Can Be Maximized Post Final Divorce Decree”

Domestic Violence Charge And The Federal Gun Control Act

By Thomas G. Kopacz   |   May 14th, 2016

How A Plea Bargain From A Domestic Violence Charge to A Non-Domestic Violence Charge Still Carries A Federal Gun Ban

Domestic violence is never an easy subject to talk about or, in my line of work, to defend.  To be honest, there really is no run of the mill domestic violence case.  Some domestic violence cases have no defense and I just work out the best possible deal for my client.  For other domestic violence cases, after reading the police report and witness statements, I ask myself “how the hell did this person get charged with domestic violence?”

Or my favorite scenario, a responding police officer charges both individuals involved with the incident with domestic violence.  Then when both accused individuals show up to their respective arraignments, the prosecutor will approach the less aggressive of the two (no idea how that is accomplished), and ask if he/she would be willing to testify against the other in exchange for dismissing their domestic violence charge.… View Full Article → “Domestic Violence Charge And The Federal Gun Control Act”

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