Deposition Tips: Not Just An Ordinary Conversation!

By Mark Segreti   |   September 1st, 2012

Helpful Advice If You Are Called To Provide Testimony At A Deposition

In any type of civil litigation, whether a personal injury case, a probate court case involving a relative’s will or trust, a business dispute with customers or other owners, or a matrimonial case, a party or an important observer may be called to provide testimony at a deposition. A deposition is being questioned under oath often by the opposing attorney, outside court, usually in a law office or a court stenographer’s office. The judge is not present although she is usually accessible by telephone. The deposition is conducted by the lawyers and the court reporter who transcribes all questions, answers, and legal objections. In many cases the lawyers’ perceptions of how this deposition testimony will impact the judge or jury determines whether the case goes to trial or serious settlement discussions occur.

In preparing to give testimony under oath at a deposition it is very important to review the issues and likely questions with your attorney in advance.… View Full Article → “Deposition Tips: Not Just An Ordinary Conversation!”

Bankruptcy Reflections by Several Recent Divorcés

By Anne Shale   |   August 25th, 2012

What You Need To Know Before Filing For A Personal Bankruptcy Action

Since the beginning of the recent housing crisis, I have had the experience of working with clients who have fallen behind with mortgage payments which resulted in the mortgage lender filing a foreclosure action with the Court.  This course of events often leads to the filing of a personal bankruptcy action to discharge the mortgage indebtedness.  In order to get the information to write this article, I chose to interview my son, who will be known as CS, and a divorce client, who will be known as RP.  CS and RP have some commonalities:  (1) both had experienced a divorce proceeding; (2) both had experienced a decline in the value of their homes causing them to be “upside down”; and, (3) both of them had support obligations (child support or spousal support) resulting in each having less disposable income with which to pay their monthly mortgage payments.   … View Full Article → “Bankruptcy Reflections by Several Recent Divorcés”

Spousal Support: Hidden Time Bomb!

By Robert "Chip" Mues   |   August 18th, 2012

Avoid Future Problems, Consult With An Attorney To Avoid Modification Of Spousal Support By The Courts.

Since divorce attorneys, like the rest of the population, do not have a crystal ball, making decisions regarding whether spousal support should be modifiable in the future are difficult.  This is a very crucial area where individuals trying to navigate through a termination of their marriage without an attorney can run into huge problems.

In Ohio, the Court does not automatically retain jurisdiction to modify spousal support in the future.  Instead, the Court’s future jurisdiction to reduce, modify or terminate future spousal support is controlled by the explicit language contained in the Final Decree of Dissolution or Divorce.  The drafting of that language, therefore, is critically important.  Of course, whether you are the payor or the recipient can have a dramatic effect on how you want that provision written.

Options to consider include the following:

  1. The Court retains no continuing jurisdiction to modify spousal support in the future.
… View Full Article → “Spousal Support: Hidden Time Bomb!”

Care Insurance: Long-Term Health Care Update

By Joseph E. Balmer   |   August 11th, 2012

How Ohio’s Long-Term Care Insurance Program Can Make Sense For You!

It is now almost 5 years since Ohio’s long-term care partnership program was implemented in order to allow Medicaid participants to protect more of their assets from the Medicaid spend down process.  With the rising cost of long-term care and the effect that the recession has had on most individual’s savings, this program is more valuable than ever.  A long-term health care insurance policy that meets certain criteria can provide tremendous savings and asset protection against future health care needs by allowing an individual to shelter an amount of assets equal to the amount of coverage under the policy.

Once again, the policy must meet the following criteria:

  1. Must be issued after September 10,2007;
  2. The insured must be a resident of Ohio when coverage first becomes effective;
  3. The policy must be a federally tax qualified plan based on IRS Code;
  4. The policy must meet strict consumer protection standards; and
  5. The policy must include certain protections against inflations.
… View Full Article → “Care Insurance: Long-Term Health Care Update”

School Resumes, How To Start The School Year Off Well!

By Robert "Chip" Mues   |   August 4th, 2012

Tips to help your children prepare for the challenges of a new school year

The lazy, hazy days of summer are coming to an end, as a new school year is quickly approaching. My wife, a school teacher of 30 plus years, suggested that we post an article about this topic of starting the school year well.  So with her help, here it is.

Although they may protest, most children like the routine that school brings, and they are ready to get back into the swing of the school year. The new school year is exciting because students get the opportunity to have a fresh start. However it can also be a time of anxiousness when kids worry about things such as will I like my new teacher or will my friends be in my class? It can also be nerve racking for those who are going from elementary to middle school, or middle school to high school, or for those who are moving to a new school district.… View Full Article → “School Resumes, How To Start The School Year Off Well!”

Child Abuse: Non-Abused Siblings Who Remain at Home

By Guest Contributor, Daniel Pollack   |   July 28th, 2012

Child Abuse: Non-Abused Siblings Who Remain at Home

A recent study identifies the nation’s most dangerous traffic intersection. It’s at Flamingo Road and Pines Boulevard in Pembroke Pines, Florida. The insurance company’s engineer who compiled the report notes that the intersection meets appropriate design standards and is regulated by traffic lights. He said traffic volume and driver error were two important factors in the high number of crashes.

Child Abuse and the Dangerous Child Protective Services Intersection

One of the most dangerous intersections of every state’s child welfare system is the decision whether to remove or leave non-abused siblings in a home in which another sibling has been a victim of child abuse or neglect.  Like the dangerous intersection in Pembroke Pines, CPS workers often face high caseloads (“traffic volume”) and constant life-threatening decisions (the possibility of “driver error”).

A Pennsylvania case involved “an appeal from the determination of dependency where the adoptive father committed sexual child abuse upon one of the children.… View Full Article → “Child Abuse: Non-Abused Siblings Who Remain at Home”

Divorce Time Out: Take Your Emotional Pulse

By Guest Contributor Donna F. Ferber, LPC, LADC   |   July 21st, 2012

Is Checking Your Emotional Pulse The Key To Dealing With Divorce?

“I am in the divorce process up to my elbows. I have paperwork for my lawyer, deadlines for my job, parent conferences for my kids, friends coming for dinner. I have a birthday party to plan, a lawn to mow, a dog with fleas. I haven’t slept more than five hours a night for months. My grey hairs are coming in with a vengeance and my skin is breaking out. Most of the food in my refrigerator looks like science experiments. I have no idea of world events, latest movies, or current songs. I have to get my kids to soccer practice, karate and guitar lessons. I have grocery shopping, vet appointments, orthodontics appointments, child therapy appointments, ob-gyn appointments. I have appointments with my lawyer, my accountant, my therapist. I have appointments with my children’s lawyers and therapists. I even have an appointment to sit down and talk with my soon to be ex- husband about vacation schedules!… View Full Article → “Divorce Time Out: Take Your Emotional Pulse”

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