Mother’s Day – A Very Special Day!

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Naturally Mother’s Day is a special day for families and especially for mothers. In this day and age however, there are often multiple females who may play a key role in a child’s life. Stepmothers and grandmothers raising their grandchildren as their own are now quite the norm. These women need to be recognized on Mother’s Day.

Stepmothers are often portrayed in a negative light. It is important to look at all sides, as a step mom often has to walk the tight rope. She has to carefully navigate the road so that she is an integral part of her new child or children’s lives, while still respecting the child’s need to honor and love their own mother. Grandmothers raising grandchildren as their own child has been an increasing occurrence in our society. Across the United States, more than 6 million children are being raised in households headed by grandparents and other relatives. In my opinion they should be nominated as saints! In addition to a child’s natural mother, a stepmother or a primary care giving grandmother can play a pivotal role in a child’s life.

Kate … Read More... “Mother’s Day – A Very Special Day!”

Divorce’s Atomic Bomb: False Abuse Allegations

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False allegations of domestic abuse are not just a phenomenon that routinely occur in the United States. Family law attorneys in Canada are similarly complaining about the unfairness and damage caused when a warring parent falsely accuses a spouse of abuse. Whether it is for revenge, to punish a spouse, or to attempt to gain an advantage in a custody proceeding, I see this occurring all too often in my practice. While domestic abuse should never be condoned, unfortunately there are seldom any recriminations for the false accuser.

According to Sarah Hampton of Toronto’s Globe and Mail, these common occurrences end up leaving many black eyes in its wake: for the accused, the justice system and especially the kids. She opines that the parent considering making a false allegation should give much more thought in advance about how it will detrimentally affect the children. The story, published on April 24, 2008, is an interesting read. Check it out.

Source: Divorce’s atomic bomb: false abuse allegations, Toronto Globe and Mail


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Improving Resiliency

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Resiliency is a topic that I find myself discussing often with my divorce clients. I recently came across an interesting article on that subject which prompted this post. Resilience can de defined as the human ability to deal with, learn from, overcome and even be changed by the unfortunate but unavoidable adversities that life throws our way. Dr. Edith Grotberg, a developmental psychologist, has done extensive worldwide research on the subject of fostering resiliency. In a recent interview in the Palo Alto Daily News, Heath Matters: Resilience Can Be Improved Upon, by columnist L.J. Anderson, Dr. Grotberg stated that people are born with the capacity to be resilient, but the challenge should be to continually work to increase ones ability to be resilient so that when adversities present themselves, an individual is able to handle the situation.  She believes that the capacity for resilience can be strengthened in both adults and children.  She challenges parents and other resilient adults who work with children to help foster children’s resiliency.

Dr. Grotberg became interested in the study of resilience while teaching at the University for Women in Sudan, … Read More... “Improving Resiliency”

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

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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. For example, until recently, an ex-spouse named as beneficiary on a life insurance policy would still receive the insurance benefits unless the owner of the policy had changed the beneficiary designation after … Read More... “Estate Planning After Divorce, Statutory Protections Against The Ex-Spouse”

Factors The Court Considers In Determining Whether To Award Spousal Support Pt. 2

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Attorney Anne Shale adds 10 more factors to consider in Part 2 of “Factors The Court Considers In Determining Whether Or Not To Award Spousal Support”.

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The duration of the marriage. The longer the duration of the marriage, the longer the potential spousal support obligation is likely to be. For example, if the marriage of the parties exceeds thirty (30) years in duration, the Court is likely to attempt to “equalize” the earnings or incomes of the parties. And, if the parties have been married just one to two years in duration, the Court is likely not to award any amount of spousal support. While I have represented Husbands who say they have tried to keep the “marriage together” for the sake of the children, this goal often comes back to haunt them when their Wives are awarded a lengthy duration of spousal support. In Montgomery County, Ohio, there is a very “general” and “unwritten” rule that spousal support may be awarded for up to one-third (1/3) of the duration of the marriage. Given a marriage of eighteen (18) years, it would not be unusual for … Read More... “Factors The Court Considers In Determining Whether To Award Spousal Support Pt. 2”

Factors The Court Considers In Determining Whether To Award Spousal Support Pt. 1

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When discussing whether or not a Court will award spousal support, formerly known as alimony, to one of the parties in a divorce proceeding, we must first define what spousal support is. Section 3105.18 of the Ohio Revised Code defines “spousal support” as being “any payment or payments to be made to a spouse or former spouse, or to a third party for the benefit of a spouse or former spouse, that is both for sustenance (maintenance or means of livelihood) and for support of the spouse or former spouse.”

Webster’s New World Dictionary does not define “spousal support” but defines “alimony” as “money a court orders paid to a person by that person’s legally separated or divorced spouse”. While the Ohio Revised Code utilizes the term “spousal support” in Chapter 31 relative to Divorce, Annulment, and Dissolution of Marriage, the Internal Revenue Code governing the payment of federal income taxes continues to use the term “alimony” in lieu of the term “spousal support”.

Further, Ohio Revised Code Section 3105.18(C)(1) reflects the following language: In determining whether spousal support is appropriate and reasonable, and in determining the Read More... “Factors The Court Considers In Determining Whether To Award Spousal Support Pt. 1”

Need Free Legal Help to Avoid Foreclosure?

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If you are behind on your mortgage payments and facing possible foreclosure on your home, there is an excellent program that the Ohio Attorney General’s office has instituted. The new program is called “Save the Dream”. You can call their hotline for help at 888-404-4764. Hundreds of lawyers statewide have volunteered to provide free legal services for Ohioans to help them avoid foreclosure actions. Be smart and avoid all those predatory lending “quick fix” offers that you see advertised on television or receive in the mail. They will only put you in further trouble!


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