Ohio Family Law Blog

Gay Marriage: The U.S. Supreme Court Tackles Same-Sex Marriage Issues

By Robert "Chip" Mues | April 6th, 2013

What Is The Difference Between Prop 8 And DOMA? – Will Gay Marriage Issues Change Family Law?

Questions And Answers To The Issue Of Gay Marriage And The Supreme Court’s Likely Decision

The United States Supreme Court recently granted certiorari to two very controversial gay marriage issues, Prop 8, and DOMA. Below I will discuss the two different issues, how they came to be here, and what the likely outcome may be.

Proposition 8

What is Prop 8?

Proposition 8 was a 2008 ballot provision in California. This ballot provision provided that section 7.5 of the California constitution be amended to validate only a “marriage between a man and a woman.” This ballot provision passed and overruled a California Supreme Court decision just months earlier granting equal marriage rights. Since then, gay marriage has been a hot button issue and has been challenged numerous times.

Why did the U.S. Supreme Court agree to hear this?… View Full Article → “Gay Marriage: The U.S. Supreme Court Tackles Same-Sex Marriage Issues”

Health Insurance: Divorce Often Ends Coverage for Women

By Robert "Chip" Mues | March 30th, 2013

How Effective Will The Affordable Care Act Be For Women Suffering Health Insurance Loss After Divorce?

Approximately 115,000 women lose their private health insurance every year as a result of divorce, according to a recent University of Michigan study. “Given that approximately one million divorces occur each year in the U.S., and that many women get health insurance coverage through their husbands, the impact is quite substantial,” said Bridget Lavelle, a U-M doctoral candidate in public policy and sociology, and lead author of the study which appears in the December issue of the Journal of Health and Social Behavior.

Many women who lost their health insurance coverage remained uninsured for more than two years following their splits, according to the researchers who analyzed data from women between the ages of 26 and 64 from 1996 through 2007.

Lavelle conducted the study, which analyzes nationally representative longitudinal data from 1996 through 2007 on women ages 26-64, with U-M sociologist Pamela Smock.… View Full Article → “Health Insurance: Divorce Often Ends Coverage for Women”

Military: What Does “Residency” Really Mean for Those Who Serve?

By Robert "Chip" Mues | March 23rd, 2013

Military Members Must Meet The Residency Requirement To File For Divorce In Ohio

The Ohio Revised Code §3105.03 states that “[t]he plaintiff in actions for divorce and annulment shall have been a resident of the state at least six months immediately before filing the complaint.” That being said, many people are often confused as to what is meant by the term “resident.” When it comes to divorce, Ohio defines being a “resident” as being domiciled in Ohio. For one to be domiciled in a state, the person must have a home in the state, and he must have the intent on making Ohio his permanent home. He must have the intention of living and staying in the state of Ohio. When a person enters the military and is enlisted to service, his domicile remains where it was before his Military service unless he chooses to move to a new domicile where he intends to remain.… View Full Article → “Military: What Does “Residency” Really Mean for Those Who Serve?”

International Custody: A Hague Convention Case Dispute

By Anne Shale | March 16th, 2013

Supreme Court Renders Decision in International Custody Case, Chafin v. Chafin

The international custody case of Chafin v. Chafin was previously discussed in our Ohio Family Law Blog article of October 6, 2012. (“Child Custody Dispute to be Decided By the U.S. Supreme Court”) The Father in this case is a citizen of the United States and an active duty member of the United States Army. The Mother is a citizen of Scotland and she presently has custody of the parties’ minor daughter, Eris Chafin. Mother and Daughter have been living in Scotland since October 2011.

The procedural/factual history of this international custody case is as follows:

The parties married in March 2006 while Sgt. Chafin was stationed in Germany. Eris Chafin was born the following year in 2007. While Sgt. Chafin was deployed to Afghanistan for 15 months in 2007-2008, Mother moved with the minor child to her native Scotland.

… View Full Article →

Guardian Ad Litem: The Difference Between Winning And Losing

By Charles W. Morrison | March 2nd, 2013

What To Do When The Guardian Ad Litem Is Not Doing A Thorough Job

Those that have been involved in custody litigation are probably aware of the important role that a Guardian ad Litem (GAL) can play in the outcome. In fact, when both parties otherwise appear suitable, the GAL’s report can sometimes be the tie-breaker for the Judge or Magistrate hearing the case. The input from the Guardian ad Litem is usually taken very seriously by the Court due to the fact it is thought to come from someone that is in a neutral position, has only the best interests of the children in mind, and has almost unfettered access to relevant information, such as the home life of both parents, the children’s school teachers and counselors as well as other important persons. In short, having a favorable Guardian ad Litem report can be the difference between winning and losing.… View Full Article → “Guardian Ad Litem: The Difference Between Winning And Losing”

Post-Traumatic Stress Disorder Treatments Effective?

By Robert "Chip" Mues | February 23rd, 2013

A New Study Suggests that Psychological Therapies Improve Life for Children with Post-Traumatic Stress Disorder

Post-traumatic stress disorder (PTSD) is highly prevalent in children and adolescents who have experienced traumatic events such as child abuse, violence, road accidents or natural disasters. In children, post-traumatic stress disorder can lead to delayed development and behavioral problems. More generally, it is associated with anxiety, depression and suicidal tendencies. The aim of this review was to examine the effectiveness of all psychological therapies for the treatment of post-traumatic stress disorder in children and adolescents.

In this first systematic review of post-traumatic stress disorder (PTSD) in young people age three to eighteen, researchers found that children diagnosed with post-traumatic stress disorder showed signs of improvement up to three months following treatment. The psychological therapies used in the review were cognitive behavioral therapy (CBT), exposure-based, psychodynamic, narrative, supportive counseling, and eye movement desensitization and reprocessing (EMDR).

However, no systematic review analyzing the potential benefits of these therapies has been undertaken until now.… View Full Article → “Post-Traumatic Stress Disorder Treatments Effective?”

Tax: Effects of the “Fiscal Cliff” Legislation

By Joseph E. Balmer | February 16th, 2013

Compromise Reached, But How Does It Effect Tax Planning For 2013?

In December, 2012, we addressed the looming “fiscal cliff” tax ramifications and potential last-minute tax planning. With legislation finally passed in late December, in order to prevent widespread tax increases and steep spending cuts, it is a good time to look at the highlights of the legislation and how it affects taxpayers.

Income tax rates. A compromise was reached on income tax rates. Although neither side attained its goals, tax cuts were extended on incomes up to $400,000 for individuals and $450,000 for couples. Earnings above that are taxed at 39.6%, up from 35%. Many liberals and conservatives were unhappy with this compromise that extends the tax cuts for most taxpayers. Unless new legislation is passed, this extension is permanent.
Estate taxes. The federal estate tax exemption remains at $5 million (adjusted for inflation) and up to $10 million for family estates.

… View Full Article →

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