Robert L. Mues, Author at Ohio Family Law Blog

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)?

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:

Temporary Custody/Parenting Time (See ORC 3109.43 and Civil Rule 75 (N);
Temporary Spousal Support (ORC 3105.18) and Temporary Child Support (Rule 75 (N));
Payments of debts (ORC 3105.18); and
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 13 years Ohio Family Law Blog

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 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”!

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?”

The 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”!”

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?

I 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?”

New Ohio Law – Mandatory Reporting of Animal Abuse

New Ohio Law Protects Social Workers And Veterinarians From Criminal Or Civil Liability If They Report Suspected Animal Abuse

Sadly social workers who have seen signs of what they suspect might be animal abuse, are reluctant to report it out of fear of retaliation from their client or perhaps violating their client’s privacy. Fortunately Ohio Governor, Mike DeWine has signed a bill that will attempt to change that. On April 6, 2021, Ohio House Bill 33 will take effect. It is a bill that makes it a requirement that a veterinarian or a social worker who suspects animal abuse must report it to authorities.

This law is also attempting to create a system of cross-reporting. If dog wardens or animal control officers witness animal, child or elder abuse they are mandated to report that to social services professionals. If the people that are reporting these incidents are doing so in a manner of “good faith”, they will be protected by the law making them immune from criminal or civil liability.

New Bill Would Make Animal Abuse A Fourth-Degree Misdemeanor

The bill was introduced in February of 2019 by two Republican representatives, Laura Lanese from Grove City, and Sara … Read More... “New Ohio Law – Mandatory Reporting of Animal Abuse”

Should Parenting Time for Divorcing Parents in Ohio be 50/50? What Should be Done About Parental Alienation?

Parental Alienation in Ohio: Thoughts from a a divorce lawyer for 40+ years

An End To Parental Alienation With Proposed Parenting Equality Law? Ohio Representative Rodney Creech And Podcaster Kindra Beck Asks For Your Help And Testimonials

According to Kindra Beck, the founder of Speak Life In Stride Podcast, and a parent who had gone through a “high conflict” divorce, “There are over 22 million American adults that feel they are being alienated from their children. However, this is a global problem.” Ms. Beck is joining forces with Ohio Representative Rodney Creech (R), from the Preble County area, to try to make sure there are legislative changes enforcing parenting equality both during and after a divorce. Creech is proposing legislation that gives Mother and Father equal 50/50 parenting time “out of the gate” in a divorce.

In Ohio, by contrast, the primary custody statute states that the Court’s primary consideration in determining custody is the “best interests” of the child(ren). Ohio Revised Code Section 3109.04 states:

” (1) In determining the best interest of a child pursuant to this section, whether on an original decree allocating parental rights and responsibilities for the care of children or a modification … Read More... “Should Parenting Time for Divorcing Parents in Ohio be 50/50? What Should be Done About Parental Alienation?”

Do You Have Stimulus Questions? Wonder How Much You Will Receive This Time?

economic impact payment stimulus child support

No Economic Impact Payment in 2020? You May be Eligible to Claim the Recovery Credit Rebate

Will Child Support And Delinquint Federal Debt Offset My Coronavirus Stimulus Check?

The U.S. House of Representatives passed a budget reconciliation bill that contains President Biden’s $1.9 trillion COVID-relief package on February 27th. That bill would authorize another round of $1,400 stimulus checks for each eligible person, $2,800 for eligible couples, plus an additional $1,400 for each dependent. The bill was sent to the Senate for their approval. The initial House Bill provisions are being changed as this article is posted, including tightening up the income eligibility amounts. The Democrats HOPE to have a final COVID-19 Relief bill passed by BOTH chambers no later than mid-March.

FREQUENT QUESTIONS WE RECEIVE ABOUT THE CORONAVIRUS RESPONSE and RELIEF SUPPLEMENTAL APPROPRIATIONS ACT OF 2021 AT HOLZFASTER, CECIL, McKNIGHT & MUES

Here are some Q and A’s from the various IRS Websites which we found that we thought might be helpful. TOP, which collects delinquent federal and state debts, has prepared the following frequently asked questions (FAQs) to address debtor inquiries regarding whether and to what extent the advance payments of the Recovery Rebate Credit (i.e., the Economic … Read More... “Do You Have Stimulus Questions? Wonder How Much You Will Receive This Time?”

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