Kim Davis: Adherence to Moral Conscience or Violations of the Law?

By Robert "Chip" Mues   |   September 12th, 2015

Will The Law Protect Clerk Kim Davis and Her Refusal To Issue Marriage Licenses For Same-Sex Couples?

No doubt, in the last few weeks or so, you’ve encountered the name Kim Davis in conversation around the water cooler or dinner table.  It is also of little doubt that you’ve confronted staunch opinions regarding the Kentucky clerk of court who refused to issue marriage licenses to same-sex couples.

Various media outlets, as well as some individual social media enthusiasts, compare Kim Davis to Rosa Parks or Martin Luther King, Jr. – an outspoken activist of her time, doing what she believes is right to uphold her moral duty to God and her conscience.  Others, particularly those same-sex couples seeking a marriage license, find fault in Kim Davis’ failure to adhere to the oath of office she took when she secured her position as clerk of courts.

Still, this did not keep U.S.… View Full Article → “Kim Davis: Adherence to Moral Conscience or Violations of the Law?”

College Expenses And Divorce

By Robert "Chip" Mues   |   September 5th, 2015

Child’s College Expenses Problematic Upon Divorce. Why it’s Important To Say What You Mean and Mean What You Say

With the importance of higher education becoming more apparent every day, it is not uncommon for divorcing couples to decide to provide for their children’s college expenses. In Ohio, like many other states, domestic relations courts cannot ordera parent to pay these costs because the duty of support generally ends once a child reaches the age of 18 (or in some situations at 19) .  Nevertheless, the parties can negotiate a division of the college expenses and incorporate it into a separation agreement.

Generally speaking, a separation agreement is a contract and is therefore, binding on the parties involved.  So, if you decide to agree to be on the hook for your children’s college expenses upon divorce, it is extremely important that the language within your agreement clearly expresses your intent.… View Full Article → “College Expenses And Divorce”

Uncoupling and Divorce

By Guest Contributor Donna F. Ferber, LPC, LADC   |   August 29th, 2015

What is Uncoupling and How Does It Relate To Or Not Relate To Divorce?

A few years ago when Gwyneth Paltrow and Chris Martin announced they were “consciously uncoupling”, many rolled their eyes at what felt like pretentious language.

While “uncoupling” sounds a little strange, in truth, it may be a more precise way to describe the demise of a marriage and the subsequent unraveling of intertwined lives, then just saying “we are getting divorced.” Divorce is a legal process that culminates with a bang of a gavel. Uncoupling is the emotional process of ending the marital/romantic relationship. It extends far beyond mere legalities.

Unlike divorce that clearly defines the practical division of financial assets and legal responsibilities, uncoupling rarely has clear boundaries or a definite end. Especially when there are children; the relationship doesn’t end so much as morph into another kind of relationship.

Do not assume “Relationship” always refers to one of civility; while that is the ideal, in truth many couples continue their post marital relationship by bickering, fighting and power struggles.… View Full Article → “Uncoupling and Divorce”

Same-Sex Marriages: Should Judges Decline To Perform Same-Sex Marriages?

By Robert "Chip" Mues   |   August 22nd, 2015

Judicial Performance of Same-Sex Marriages: Personal Beliefs Must Take a Back-Seat to Impartiality

Earlier this summer, the Supreme Court held that an individual’s right to marry a person of his or her choice to be a fundamental right under the United States Constitution. This ruling, highly publicized and long-anticipated, sparked expansive debate regarding Same-Sex Marriages across the country as citizens struggled to adapt their personal and professional lives in accordance with the Court’s intent to equally expand the rights of marriage to same-sex couples. Not long after, small businesses engaged in the “wedding industry” – perhaps, most notably a bakery in Colorado – announced that due to personal beliefs, they would not extend their services to same-sex couples that wished to marry. Debate and litigation continues to develop as courts begin to unearth whether the personal beliefs of business owners to essentially engage in discrimination violate the Supreme Court’s holding.

While the media likely anticipated backlash from United States citizens historically entitled to their personal beliefs and motives concerning same-sex marriages, it might not have anticipated the extension of similar concerns all the way to the judicial branch.… View Full Article → “Same-Sex Marriages: Should Judges Decline To Perform Same-Sex Marriages?”

Child Support: Jackpot Earnings Can Be seized From Child Support

By Anne Shale   |   August 15th, 2015

Casino Jackpot? Maybe Not. Another ‘Weapon’ for the Child Support Enforcement Agencies of Ohio

The State of Ohio has eighty-eight (88) counties and each county has a Child Support Enforcement Agency (“CSEA”) tasked with the collection of child support payments from Obligors (primarily Fathers and former Husbands). For many years, the Child Support Enforcement Agencies have been able to “intercept” Income Tax Refunds of Obligors having arrearages in their child Support Accounts.  Recently, a new “weapon” has been added to the arsenal of the Child Support Agencies.  They can now intercept racino or gambling winnings of Obligors who are behind with child support payments.

In an August 5, 2015 posting, it was reported that two (2) million dollars in unpaid child support had been “seized” from jackpot winners at the state’s casinos and racinos in the last eleven (11) months. (Caveat:  It appears that “deadbeat” Dads are also inclined to gamble!! … View Full Article → “Child Support: Jackpot Earnings Can Be seized From Child Support”

Child Study: Fathers In-Kind Support For Child

By Robert "Chip" Mues   |   August 8th, 2015

Recent Child Support Study Shows That We May Be Overlooking the In-Kind Support Low-Income, Non-Custodial Fathers Actually Provide

In a recent article published in The Journal of Marriage and Family, a study of the child support provided by approximately 400 low-income, non-residential fathers suggests that “in-kind” support, that is, support in the form of something other than money, is not typically considered even though it constitutes about one quarter of the total support given. Click here to read the in-kind support study,

Most courts only acknowledge formal or informal support provided (i.e. money paid either directly or indirectly to the mother). The authors of this study argue that many of these low-income fathers provide gifts, food, everyday essentials and services, yet are still labeled “dead-beat dads” because their in-kind support goes unseen by the child support system. As a result, the authors argue that policymakers cannot cure the issues within the system until they have an accurate picture of the situation.… View Full Article → “Child Study: Fathers In-Kind Support For Child”

Divorce In Another Place: A Quick And Painless Divorce

By Robert "Chip" Mues   |   August 1st, 2015

Looking to Divorce Somewhere Other Than Where You Live? Why You May Want to Reconsider

In a previous article written on July 25, 2015, titled, “Divorce: DivorceHotel Provides Vacation And A Divorce“, I discussed the U.S.’s first “divorce hotel” in Saratoga Springs, NY which offers a weekend retreat where a couple can indulge in fine dining and relaxing spa treatments, all while their divorce is being finalized.

Headed by Netherlands-based company, DivorceHotel, the newest trend in separations is to offer a “destination divorce” where couples can vacation and end their marriage simultaneously.  While the idea may seem appealing at first glance, several factors should be carefully considered before you decide to pack your bags.

Getting a divorce in a place other than where you live is nothing new.  For years, people have been traveling outside of their home state to take advantage of “quickie divorce” policies in other locations. In the past, some couples headed to Nevada, while others went a bit further traveling to countries such as Mexico and the Dominican Republic to take advantage of the fast and inexpensive divorce options offered.  … View Full Article → “Divorce In Another Place: A Quick And Painless Divorce”

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