The Ohio Supreme Court Clarifies What a Divorce Court Must Find for a Party to be Found to Be Voluntarily Unemployed for Support Purposes

Ohio Supreme Court Ayers v Ayers Child Support Decision

Practical Advice for Parents Post-Ohio Supreme Court Ayers v Ayers Child Support Decision

What Legal Professionals Need to Know About the Ohio Supreme Court Ayers v. Ayers Child Support Decision

Ohio Supreme Court Ayers v. Ayers child support decisionOn May 15, 2024, the Ohio Supreme Court Ayers v. Ayers child support decision reversed the judgment of the Sixth Circuit Court of Appeals and remanded the issue to the trial court. The issue on appeal in the Ohio Supreme Court Ayers v. Ayers child support decision was whether the Court must infer that the domestic-relations court made a proper determination of a parent’s voluntary unemployment when it was silent in its decision on that issue, but nonetheless imputed potential income to a parent for the computation of child support.

It is rare that the Supreme Court of Ohio decides cases pertaining to matters of divorce and child support, making the importance of this decision noteworthy in the realm of Ohio Family Law.

Prior Requirements of Ohio Appellate Districts:

There are 12 appellate districts in Ohio. These districts have historically varied as to whether they require domestic relations courts to expressly include a finding of voluntary unemployment to impute income to that person when calculating child support in a divorce. … Read More... “The Ohio Supreme Court Clarifies What a Divorce Court Must Find for a Party to be Found to Be Voluntarily Unemployed for Support Purposes”

Blast From The Past: May is Mental Health Month – How Divorce can Affect Mental Health?

mental health month divorce

PUBLISHER’S NOTE: May is Mental Health Month. I want to thank now former paralegal Kaylyn Hohn for writing this article. We all miss you!

Higher Conflict Divorces Lead To A Worse Decline In Mental Health Issues According To Study. Nearly 25% Of All Ohioans Impacted

mental health month divorceFor the last 70 years, the month of May has been observed as “Mental Health Month“, and according to the community-based non-profit, Mental Health America, nearly 25% of Ohioans have experienced mental health issues in the last few years.

Mental Health Month  provides an opportunity to increase awareness and understanding of mental illness, and to remind Ohioans that it’s OK not to be OK and it’s OK to ask for help,” said Aimee Shadwich, the RecoveryOhio Director in a press release by the state of Ohio on May 4th of this year.

“It is critical that access to timely and effective care is available to those who need it,” she continued.

Nationwide, about 1 in every 5 Americans will be diagnosed with a mental health condition in any given year, like depression, anxiety, bipolar disorder, post-traumatic stress disorder, etc. These conditions can affect one’s “emotional, psychological and social well-being” according … Read More... “Blast From The Past: May is Mental Health Month – How Divorce can Affect Mental Health?”

Thinking About a Divorce? Perhaps Divorce Mediation Could be Helpful

dayton ohio divorce mediation

Divorce Mediation for Child Custody and Parenting Plans

dayton ohio divorce mediationYou and your spouse have unfortunately come to the conclusion that your marriage is no longer working for you, and it is time to end your union. Does this necessarily mean a divorce trial is the only means forward? No. Not at all. Divorce mediation can often be a successful method to assist parties to reach an amicable agreement.

Private or Court Mediation?

Private divorce mediators are available to be hired in Dayton and most areas of the Country. Your divorce lawyer can help you navigate the options. They typically charge $200 to $350 an hour for their services. Checking their background and divorce mediation experience is VERY important! The benefit of a divorce court mediator is that you do not have to pay him/her for their time.

All the divorce courts around Dayton have some form of divorce mediation available. Mediation is a form of alternative dispute resolution and can be very beneficial if both parties are willing to listen to the mediator and act with good faith.

How does Mediation Work?

In divorce mediation, the couple meets with a trained mediator to discuss and work through the issues of … Read More... “Thinking About a Divorce? Perhaps Divorce Mediation Could be Helpful”

Be Sure to Take Care of Your Mental Health After Your Divorce!

pos-divorce depression mental health

Statistics on Post-Divorce Depression

Effective Coping Strategies for Post-Divorce Depression

post-divorce depression mental healthGoing through a divorce can take its toll on you in multiple ways. Although one might think that reaching the “finish line” in a divorce will end the emotional turmoil that often accompanies it, that is not always the situation. The post-divorce adjustment period can be a challenging and unique one! It is common that individuals find themselves dealing with a myriad of emotional challenges after divorce, including loneliness and unhappiness which can lead to depression. In this blog post, we will discuss some post-divorce statistics and suggest some tips and resources to help avoid experiencing these types of problems.

Some Concerning Post-Divorce Statistics

Studies show that depression rates are 20-25% higher for those who experience divorce contrasted with those who have not been divorced. Additionally, some show that 50% of divorces reported at least 1 depressive episode after their divorce. This increase in depression rates can be linked to multiple feelings like loneliness, grief, and isolation. The Holmes-Rahe Life Stress Inventory study shows that divorce is second, right behind death of a spouse, that is one of the most stressful situations people endure through life. Depression can range from … Read More... “Be Sure to Take Care of Your Mental Health After Your Divorce!”

6 Things to Do if You Want to Get Fired by Your Divorce Lawyer

divorce lawyer social media

Your divorce lawyer is not your hired servant!

Insights from Divorce Lawyer Colleagues: Top Pet Peeves & Tips for Client-Attorney Harmony

divorce lawyer social mediaA few weeks ago, I was attending a continuing legal education seminar for divorce lawyers. One of the topics was how to discover and effectively divide cryptocurrency in divorce actions. It was an excellent presentation!

At a break, I saw a few divorce lawyer colleagues of mine standing together talking. I walked up to them to say “hello” and to join them for a few minutes. They were all discussing “pet peeves” they each had with former divorce clients who they ended up firing.

I am constantly thinking about new topics to post about on this blog, and it occurred to me that their “peeves” (and mine) might be worth sharing. After all, why would a client going through a stressful divorce want to act in a manner that results in his or her divorce lawyer firing them?

Key Divorce Lawyer Insights: Avoid These Social Media Mistakes for a Positive Client Relationship

While not based on any scientific or extensive research, here were the complaints expressed that afternoon by several of my divorce lawyer colleagues. They are not … Read More... “6 Things to Do if You Want to Get Fired by Your Divorce Lawyer”

Here are Some Recent Divorce Statistics that Might Surprise You!

divorce rate statistics

Divorce rate statistics…why do marriages fail?

Divorce rate Statistics in the United States, what do they tell us and what are The Most Common Reasons for Divorce?

Divorce rate StatisticsIf you have read many of my blogs which I have posted here over the last 16 years, you will know that I enjoy divorce and family law statistics. In fact, my wife says that I am a “stat junkie”. She might be right!

I came across an excellent Forbes article from August that is filled with current interesting divorce statistics, even including footnotes citing the authority. Click here to read it. Here are some of the many included that I found most interesting!

Number of Divorces Versus the Number of Marriages.

In 2021, a total of 689,308 divorces occurred in the 45 reporting states. While not apples to apples, during the same year there were 1.985,072 marriages. Clearly far more individuals get married than divorced.

When do Couples Typically Divorce?

Marriages that fail typically last about 8 years.

Has the Marriage and the Divorce Rate Dropped Since 2000?

Yes. They both have. The marriage rate has declined, dropping from 8.2 per population in 2000 to 6.00 per population in 2021. … Read More... “Here are Some Recent Divorce Statistics that Might Surprise You!”

Negotiating Pre-Nuptial Agreements is Becoming Commonplace for Millennials

pre-nuptial agreements divorce millennials

PUBLISHER’S NOTE: While this blog addresses Pre-nuptial Agreements, the same rational equally applies to millennials executing Post-Nuptial Agreements. On March 23, 2023, Ohio adopted legislation allowing married couples to now negotiate and execute Post-Nuptial Agreements after marriage. The 2 nuptial agreements are very similar. I have posted several articles on the Ohio Family Law Blog about Post-Nuptial agreements since that law was adopted. Use my SEARCH tool above to find them!

With the increase in student loans and previous debts, millennials are looking to ensure that they are not responsible for debts incurred by their spouse should the union dissolve

pre-nuptial agreements divorce millennialsBaby boomers, and many generations before, used to dream about finding the right one, getting married and living happily ever after, never giving any thoughts about what happens if things didn’t go right. Pre-nuptial agreements were just a thing for movie stars and rich people or stereotypically, men who were financially wealthy and wanted to protect their wealth from a potentially “gold digging” wife. It used to be that pre-nuptial agreements were frowned upon. They seemed to be sending a message that you weren’t serious about the responsibilities of getting married.

However, times have changed. The millennials have … Read More... “Negotiating Pre-Nuptial Agreements is Becoming Commonplace for Millennials”

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