The Name Game: Shirley, Shirley bo Birley . . .

Don’t forget to discuss with your Dayton divorce lawyer before the final hearing if you want to be reinstated to a former name. This is the time to accomplish the name change with ease, and typically, without any additional costs! Procedures vary from court to court whether the name change can be submitted as part of the Final Decree or by way of a separate Court Order. Either way, it is easy, and the wife has the right to decide whether she wants to keep her married surname. No, husbands, you cannot require your ex to relinquish your surname. And wives cannot pick a new surname; they can only be reinstated to a maiden or former name.

If you decide months after the divorce that you want to go back to a former name, it may be too late to have the Domestic Relations Court enter the name change for you.… View Full Article → “The Name Game: Shirley, Shirley bo Birley . . .”

Part 2 -The Consequences of Domestic Violence Victims Changing Their Identity

Submitted by Robert Mues with legal research and assistance from Aaron Hill, an extern from the University of Dayton School of Law.

Some cases of domestic violence in Dayton are so severe that an identity change may seem to be the only solution. At first glance, changing one’s social security number and name is an enticing proposition. However, there are a number of very serious consequences to consider before taking this drastic step.

Negative Consequences to Changing Your Identity and Social Security Number:

The effects of changing one’s identity and social security number are lasting. The victim is essentially eliminating any connection with his/her prior life and literally starting from scratch. The victim loses all professional and academic credentials, past credit history (good or bad), and loss of interaction with family and friends of the victim. This, in turn, makes it incredibly difficult to find a new career, buy a house or rent an apartment, obtain any type of insurance, or safely contact any former friends or family.… View Full Article → “Part 2 -The Consequences of Domestic Violence Victims Changing Their Identity”

The Pros and Cons Of Victims Of Domestic Violence Changing Their Identity

In recognition of October having been declared Domestic Violence Awareness Month, this post and next week’s article focus on trying to assist individuals who have faced such devestating violence.

This is the first of a two part article on this subject. While not widely known, the Social Security Administration had established a procedure in 1998 for victims of family violence to obtain a new Social Security number. The Administration states:

“Public awareness campaigns stress how important it is for victims to develop safety plans that include gathering personal papers and choosing a safe place to go. Sometimes the best way to evade an abuser and reduce the risk of further violence may be to relocate and establish a new identity. Following these changes, it also may be helpful to get a new Social Security number.

Although Social Security does not routinely assign new numbers, we will do so when evidence shows you are being harassed or abused or your life is endangered.… View Full Article → “The Pros and Cons Of Victims Of Domestic Violence Changing Their Identity”

Be Sure to Pull Your Free Credit Report

As part of the divorce proceedings, your attorney will at some point be trying to determine what credit card debts are in each of your individual names as well as shared accounts and authorized user accounts. Often times, understandably, clients are not sure. The distinction in the type of account is important, as it not only affects future liability on the account but also future reporting to the bureaus.

The liability for an individual account lies with the person whose name is on the account (presumably the person who opened it). A shared or co-debtor account allows the credit card company to go after either or both parties on the account. An authorized user situation creates a more complicated scenario. The credit card company cannot attempt to collect payments from a mere authorized user. Their recourse for collection is against the individual whose name is on the account so long as the authorized user did not sign the application or give their social security number to the credit card company.… View Full Article → “Be Sure to Pull Your Free Credit Report”

Vacationing Without the Kids? Don’t Leave Until You Have Prepared an Emergency Medical Authorization Form

I typically receive several phone calls this time of year asking me if I have a generic Emergency Medical Authorization Form that parents can complete since they are headed out of town without the kids. This panicked call usually comes less than 24 hours before the departure time! It is very important to leave the caregiver this type of emergency authorization to be sure any necessary medical treatment will be provided to your child timely and without lots of “red tape” in your absence. So, to avoid those calls, I have attached my Emergency Medical Authorization Form to this article.  Download: .pdf | HTML

Try to relax and enjoy the time away from the kids. Happy travels!

Robert "Chip" Mues

Attorney Robert “Chip” Mues has been focusing his legal practice throughout Southwest Ohio primarily in divorce and family law matters since 1978. Chip is passionate about family law and has proudly published the Ohio Family Law Blog since 2007.… View Full Article → “Vacationing Without the Kids? Don’t Leave Until You Have Prepared an Emergency Medical Authorization Form”

If You Owe Back Support, Don’t Expect Your Stimulus Check

The IRS is treating the stimulus checks as if they were tax refunds. On their website, the IRS indicates that the amount of the stimulus check will be reduced or seized if :

  • You are single and your net income tax liability is less than $600. If you file Form 1040 net income tax liability is the amount shown on Line 57, plus the amount on Line 52.
  • You are married and your net income tax liability is less than $1,200.
  • You are single and your adjusted gross income (AGI) is more than $75,000. On Form 1040, AGI is the amount on Line 37.
  • You are married filing a joint return and your AGI is more than $150,000.
  • You owe back taxes that reduced your payment.
  • You have non-tax federal debts such as unpaid student loans or child-support obligations that reduced your payment.

If the IRS is reducing or seizing your stimulus check, they are supposed to mail you a letter of explanation.… View Full Article → “If You Owe Back Support, Don’t Expect Your Stimulus Check”

New Study Concludes that Divorce is Neither Good nor Bad: May Not Cause Kids’ Bad Behavior

Here’s a news flash. The “experts” disagree! Many well-respected studies over the years have concluded that kids are often negatively impacted as a result of their parent’s divorce. However according to Allen Li, of the prestigious RAND Corporation’s Population Research Center in Santa Monica, California, most kids are not seriously affected by the divorce in the long term, but a divorce raises the risk that a child will have future problems. Li presented his findings in Chicago April 26, 2008, at a meeting of the non-profit Council on Contemporary Families.

The study by Li was based upon a large sample-6,332 children. His methodology differed from that which was used by others in the past. He didn’t measure children of divorced parents with children of married parents. Instead, he measured behavior problems such as crying, cheating or arguing frequently, in children ages four to fifteen before and after their parents’ split. He describes it as a “longitudinal approach”.… View Full Article → “New Study Concludes that Divorce is Neither Good nor Bad: May Not Cause Kids’ Bad Behavior”

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