What is the Purpose of Temporary Orders in an Ohio Divorce?

What is the Purpose of Temporary Orders in an Ohio Divorce?

Should I Request Temporary Orders In My Divorce Case? What Is Ohio Civil Rule 75 (N)?

temporary orders ohio civil rule 75

It seems there are often questions asked about the issuing of Temporary Orders in Ohio divorces. Ohio Civil Rule 75 (N) outlines the process. (Click here to read Ohio Civil Rule 75 (N)).

Temporary Orders  are intended to maintain the status quo regarding finances and the children and their care. Like the name suggests, these are Court Orders intended to remain in effect for a limited amount of time – typically during the pendency of the action or until further Court Order. A Temporary Order may be requested in the Complaint, Answer, Counterclaim, and Financial Affidavit or by separate motion.

Although these orders are “temporary” they are still Orders of the court that can be enforced. A motion for contempt can be filed for willful violations of these Court Orders.

WHAT DO TEMPORARY ORDERS USUALLY COVER?

Temporary Orders typically regulate:

  1. Temporary Custody/Parenting Time (See ORC 3109.43 and Civil Rule 75 (N);
  2. Temporary Spousal Support (ORC 3105.18) and Temporary Child Support (Rule 75 (N));
  3. Payments of debts (ORC 3105.18); and
  4. Attorney Fees.

In addition, they may deal with Guardian Ad Litem fees, expert witness … Read More... “What is the Purpose of Temporary Orders in an Ohio Divorce?”

Blast From The Past: Extracurricular Activities Can Benefit Kids!

Blast From The Past: Extracurricular Activities Can Benefit Kids!

Publisher’s Note: With the recent relaxation of COVID-19 restrictions by the CDC, life will hopefully be returning to a more “normal” status. Isn’t it great to be able to once again start thinking about school activities returning? In that vain, this was an excellent post from September 2013 about the benefits of kids participation in extracurricular activities. I found it liberating, in a way, to once again read it! Enjoy it!

Study Reveals Children Who Participate In Extracurricular Activities Are Less Likely To Dropout Than Students Who Did Not Participate

extracurricular activities studyExtracurricular activities can have a significant impact on your child starting at an early age. Not only can these activities increase their capacity to advance academically, but they can create a healthy, confident young individual. Recent studies have looked into how children react when they’re put into extracurricular activities. You may find yourself believing that your child has no interest in extracurricular activities, but there are numerous activities your child could get involved in, including sports, music, book clubs, religious groups, game groups (board games and such), study groups, and countless others.

Study Results On Extracurricular Activities

In 1995, Ralph McNeal conducted a dropout percentage study to attempt to … Read More... “Blast From The Past: Extracurricular Activities Can Benefit Kids!”

Dividing Pets in a Divorce can be “Ruff”!

Dividing Pets in a Divorce can be “Ruff”!

Pet Owners Face Difficult Decision As To Who Receives The Family Pets During Divorce

What Happens to your Pet During a Breakup or a Divorce? Should Pet Owners Agree to a “Pet-Nup?”

pet owners divorceThe breaking up of a relationship, or the termination of a marriage is obviously an anxious and difficult time. Even if the ending is mutual, it is still a time fraught with emotion. There are many things to consider depending on each couple’s situation. If the couple cohabitated, either when in a relationship or within a marriage, there may be possessions to divide up. When children are involved it of course can be overwhelming and messy to figure out all the arrangements. We most commonly think about the children being the innocent party caught in the feuding between parents, but what happens to the pet or pets? During a breakup, it can be a difficult decision as to who receives the beloved family pets.

The Use of “Pet-Nup”, Name Registration and Reciept Keeping

In the UK, there was a recent study done by Maguire Family Law. It reports that lawyers are experiencing more and more separation or divorce cases where the couples are bitterly fighting with each other … Read More... “Dividing Pets in a Divorce can be “Ruff”!”

ESTATE TAX CHANGES AHEAD? THE TIME TO GIFT MAY BE NOW…

ESTATE TAX CHANGES AHEAD? THE TIME TO GIFT MAY BE NOW…

Will The Basic Exclusion amount Be Lowered For Estate/Gift Taxes in 2021?

President Biden Proposes Lowering The Basic Exclusion Amount For Estate/Gift Taxes – What Does This Mean For Your Wealth?

exclusion amount estate planning gift taxesWith President Biden now in office, many are expecting Congress to enact changes to gift, estate and/or income tax laws to generate revenue. What are some of those changes and what do they mean to the state planner?

President Biden has proposed lowering the basic exclusion amount for estate/gift taxes, which was almost doubled in 2017. The exclusion amount in 2017 was $5.49 million and in 2020 it was $11.58 million. For spouses, that amount is basically doubled to approximately $23 million. During his campaign, Biden proposed lowering the exclusion amount to $3.5 million and increasing the potential estate tax from 40 percent to 45 percent. Some have predicted that Congress will reduce the exemption to $5 million, which was the amount of the exclusion (adjusted for inflation) before the Tax Cuts and Jobs Act of 2017.

Either way, this could result in a tremendous tax hit for the extremely wealthy. That is why many estate planning attorneys are advising their clients with great wealth to make gifts … Read More... “ESTATE TAX CHANGES AHEAD? THE TIME TO GIFT MAY BE NOW…”

How To Be Able To Look Back And Say, “My Life Got Better After Divorce”

How To Be Able To Look Back And Say, “My Life Got Better After Divorce”

PUBLISHERS’S NOTE: Last week I introduced the concept of a “Divorce Coach” to our readers. Here is an interesting article written by Divorce Coach Dr. Karen Finn. She has a terrific website at www.drkarenfinn.com. Let me know your thoughts about her insights! I am hoping you want to read more as she has graciously agreed to be a regular guest contributor to the Ohio Family Law Blog.

Rebuilding Your Life After A Painful Dissolution – Must Read Tips On How To Make Life Better After Divorce!

better after divorce karen finn life coachThe process of divorce — the lead-up, the decision, the legal circus — is often more about getting out of unhappiness than stepping into happiness. Being able to say, “My life got better after divorce”  may be a long time coming. But holding onto that vision can fuel your healing and progress.

If you’re the one initiating the split, you may be driven by the hope of a happier life after the divorce. You may be making plans in your daydream hours, if only to give yourself energy through a difficult and draining process.

Whether or not you want the divorce, you may also be plagued by the fear that your life … Read More... “How To Be Able To Look Back And Say, “My Life Got Better After Divorce””

Thinking About a Divorce? Have You Considered a Divorce Coach?

Thinking About a Divorce? Have You Considered a Divorce Coach?

A Divorce Coach Can Help Both Pre-Divorce, During The Divorce, And Afterwards

Divorce Coach Vs. Traditional Therapists, Which One Is Right For You?

divorce coach processI have been a strong supporter my entire career of encouraging clients to obtain counseling as they go through the divorce process. Over the years, I have worked with various psychiatrists, psychologists, psychotherapists, counselors and therapists.  I like the positives that these professionals bring to the case and it is usually quite beneficial collaborating with a multi-disciplinary team. As their divorce lawyer, I will guide them through the maze of legal issues and “traps” as they journey through the divorce process. Depending upon the case, I will admit that the “emotional side” requires a different type of support.  Recently, I have worked with several Client’s who have had “divorce coaches” assist them instead of receiving help from traditional therapists. In light of this available option, I thought I would share more about “divorce coaching”.

WHAT IS A DIVORCE COACH?

According to the American Bar Association, Divorce coaching is a “flexible, goal-oriented process designed to support, motivate, and guide people going through divorce to help them make the best possible decisions for their future, based on … Read More... “Thinking About a Divorce? Have You Considered a Divorce Coach?”

Blast From The Past: Elder Abuse – What Must You or Should You Do?

Blast From The Past: Elder Abuse – What Must You or Should You Do?

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on December 7, 2019. If you suspect elder abuse, please contact your local Adult Protective Services at the Ohio Department of Job and Family Services, toll free hotline at 1-855-644-6277.

Prevalence Of Elder Abuse On The Rise – The Signs To Look For And Contact Information

report elder abuseWith the population of senior citizens increasing at a rapid rate, so is the prevalence of elder abuse.  It is important to understand what constitutes elder abuse, looking for signs of elder abuse, who must report elder abuse and what you can do to help.

Elder abuse is knowingly or negligently causing harm or a serious risk of harm to a vulnerable adult.  Abuse includes neglect (where basic needs aren’t being met), exploitation (usually financial), physical abuse, emotional abuse and sexual abuse.

According to the Ohio Department of Aging, signs to look for include bruises, cuts or other physical harm, sudden behavior changes such as becoming less social, a caregiver who refuses to allow visitors to see the adult alone, unsafe or unclean living conditions, overuse or under-use of prescription medicine, poor personal hygiene or dehydration … Read More... “Blast From The Past: Elder Abuse – What Must You or Should You Do?”

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