Are Differing Post-Divorce Parenting Styles Causing Conflict?

How do you handle it if after a divorce you and your Ex have different values or parenting styles? Do you hear “Mommy would let me” or “It is much more fun to live with Daddy”? Here is some great advice on this topic frequently raised by clients to their divorce lawyers. Dr. Greg Ramey, PhD, a child psychologist at Dayton Children’s Hospital and author of the Family Wise Column in the Dayton Daily News responded as follows:

Question:

My 7-year-old came back from a visit with his dad and asked me why he can do things there that he can’t do at home (e.g., stay up late, watch certain videos and eat certain types of food). I have an excellent relationship with my ex and I don’t want to say or do anything that will cause problems. I disagree with my ex on these issues but I don’t want to say that to my son.… View Full Article → “Are Differing Post-Divorce Parenting Styles Causing Conflict?”

The Dependency Tax Exemption Requirements Have Changed For 2009!

In 2008, the IRS amended Code Section 152(e), the section which addresses the subject of the child dependency exemptions for divorced or separated parents. The old rule and procedures have been changed dramatically.

Here is a summary of the dependency exemption requirements:

  • The child must be your son, daughter, stepchild, foster child, brother, sister, half brother, half sister, stepbrother, stepsister, or a descendant of any of them.
  • The child must be (a) under age 19 at the end of the year, (b) under age 24 at the end of the year and a full-time student, or (c) any age if permanently and totally disabled.
  • The child must have lived with you for more than half of the year.
  • The child must not have provided more than half of his or her own support for the year.

If the child meets the rules to be a qualifying child of more than one person, you must be the person entitled to claim the child as a qualifying child.  … View Full Article → “The Dependency Tax Exemption Requirements Have Changed For 2009!”

10 Tips To Cut Your Attorney Fees

I would like to share some constructive fee-cutting suggestions for you to consider implementing after you have done your “due diligence” in selecting the right attorney for you and your issues. Many of the cases I have handled over the last 30 years are family law matters which are engagements typically based upon the number of hours spent in the representation.  The amount of time to complete these cases varies based upon many factors, including the nature of the issues, contentiousness of the parties, and the cooperation level existing between both counsel.  Recently, I have been asked by several clients what they can do to help reduce their attorney fees. Certainly, this is an excellent question especially with money being so tight and all of us having to deal with our poor economy.  Each attorney would no doubt answer this question differently.  So, be sure to ask your attorney about his or her own particular preferences.  … View Full Article → “10 Tips To Cut Your Attorney Fees”

A Dramatic New Guardian Ad Litem Rule in Ohio

The Ohio Supreme Court instituted new rules on March 1, 2009, regarding the role and responsibilities of a Guardian ad Litem (GAL).  Ohio Rule of Superintendence 48 codifies these rules.  As background, a GAL is a person appointed by the court in both domestic relations and juvenile cases to protect the best interest of the child.  The GAL typically issues a Report to the court detailing the investigation and setting forth a recommendation.  It is not uncommon for a GAL to be involved in most juvenile cases and in many domestic relations cases involving minor children.  Prior to Rule 48 there were no uniform GAL rules in Ohio, but many courts have had their own rules; and in addition, lawyers serving as GAL’s were bound by the Ohio Rules of Professional Conduct.

The new Rule does several things.  But the most important may be establishing certain training requirements and defining the responsibilities of the GAL in his or her investigation.  … View Full Article → “A Dramatic New Guardian Ad Litem Rule in Ohio”

Why One Should Not Postpone Post-Divorce Estate Planning

Attorney Joseph E. Balmer is head of the estate planning and probate department at Holzfaster, Cecil, McKnight & Mues and is one of only 17 attorneys in the Dayton, Ohio area to be certified specialist in estate planning and probate administration.

Many individuals first think about estate planning when they get married. They realize that, at a minimum, they should have a will, general power of attorney and power of attorney for health care. They may later amend these documents due to life changes or changes in their financial position. However, one might be surprised to know that a recent survey by PNC Wealth Management disclosed that 30% of adults with financial assets of $500,000 or more did not have a will! A recent Harris Interactive survey of the general population found that 58% of all adults had no will. One might be even more surprised that if he or she had a will and became divorced, he or she may be no better off than if he or she had no will.… View Full Article → “Why One Should Not Postpone Post-Divorce Estate Planning”

You, Us and YouTube

I have been practicing law now for a little over 30 years.  It is impossible to describe all the change I have seen in my practice over the years. They range from electric typewriters to voice recognition software to multi-function copiers that can print, scan and send faxes and emails; and almost everyone has a computer and is computer savvy. Ah yes, computers.  My first experience with a computer was in 1968 when students were required in my eighth grade class to take “Introduction to Computers.”  I would never have predicted then how much those large, clunky devices would change our lives forever!

Information is king.  Consumers now rely on computers and the internet much like prior generations used encyclopedias and the yellow pages.  So our law firm, whose roots trace back over 65 years, stays current with technology and maintains a website and this blog-concepts which were unfathomable even for visionary lawyers only twenty years ago. … View Full Article → “You, Us and YouTube”

Estate Planning After Divorce, Statutory Protections Against The Ex-Spouse

After a termination of the marriage of a man and woman, the newly divorced man or woman often fails to consider reviewing and updating his or her estate planning documents a top priority. In the past, this sometimes resulted in unfortunate and unintended consequences. It is long-standing statutory law in the State of Ohio that if after executing a will, the individual executing the will is divorced, obtains a dissolution, has a marriage annulled or obtains a legal separation, any conveyance of property in the will to the former spouse or to a trust available to the former spouse or any nomination of the former spouse as executor, trustee, or guardian is revoked, unless the will expressly provides otherwise. However, until recently, Ohio statutory law did not address the effect of the termination of a marriage on previously executed designations of the ex-spouse as power of attorney, trust beneficiary, death beneficiary or joint property owner.… View Full Article → “Estate Planning After Divorce, Statutory Protections Against The Ex-Spouse”

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