In Ohio, Is Underage Sexting a Sex Offense?

In Ohio, Is Underage Sexting a Sex Offense?
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Ohio Sexting Law Carries Harsh Penalties

Ohio Sexting Laws Do Not Distinguish Between Adults And Minors

underage sextingGenerally defined, sexting is the sending of sexually explicit images or videos through the use of some electronic, like a smartphone or computer. These explicit images are often sent through social media, text messaging, or even email.

Most states either currently criminalize sexting or are in the process of drafting legislation to criminalize sexting. For example, in Indiana, the production, distribution, of possession of sexts is punishable as a Class A misdemeanor. Ind. Code § 35-45-4-6 (2021). In Pennsylvania, underage sexting is punishable by up to 90 days in jail and a fine of $300. Pa. Cons. Stat. § 6321 (2012).

Like the neighboring states of Indiana and Pennsylvania, Ohio also criminalizes sexting. Ohio sexting laws do not distinguish between adults and minors. Thus, a minor that creates, possesses, or distributes sexts will be prosecuted for a felony just like an adult.

THE RISE IN UNDERAGE SEXTING SINCE 2009

According to a study published in April 2018, teen sexting has steadily increased since 2009. Click here to read. For example, in … Read More... “In Ohio, Is Underage Sexting a Sex Offense?”

Has Your Ohio Driver’s License Been Suspended in Montgomery County Because Of Missed Child Support Payments? If So, Read this!

Has Your Ohio Driver’s License Been Suspended in Montgomery County Because Of Missed Child Support Payments? If So, Read this!
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August is Child Support Awareness Month

child support parents reinstatement programParents in Montgomery County who have had their drivers privileges suspended for not paying child support can take advantage of a special reinstatement program that is being offered during the month of August. August is Child Support Awareness Month, and the Montgomery County Child Support Enforcement Agency is giving parents with suspended licenses an opportunity to have the suspension lifted if the parent pays one month of back support. Usually in order to get the suspension lifted, the parent has to pay 3 months.

During the pandemic, many parents had financial difficulties and fell behind in making payments. Sarah Fields, Montgomery County ‘s Assistant Director for Child Support says, “We know parents want to support their children but may need help figuring out a repayment plan that works for everyone involved. This reinstatement opportunity reopens the lines of communications between CSEA and parents and allow us to work together to find solutions for their children. ” It is not debt forgiveness, but it is an opportunity for parents to get back on track.

The CSEA also offers parents services like co-parenting … Read More... “Has Your Ohio Driver’s License Been Suspended in Montgomery County Because Of Missed Child Support Payments? If So, Read this!”

Do Men or Women Typically Initiate a Divorce First?

Do Men or Women Typically Initiate a Divorce First?
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Statistics say 70% of marriages in the US that end in termination are initiated by women, but what do the experts really say?

women initiate divorceWhen a couple decides to marry, they usually think their marriage will last until “death do us part”. Sadly though, that is often not the case. In the United States, roughly half of marriages end in divorce. Terminating a marriage is usually not something couples take lightly, and while it may be a mutual decision, the statistics show there is a clear pattern as to who makes the initial call. In the US, it is estimated that 70% of marriages that end in divorce are initiated by women. That figure rises to 90% when the woman is college educated.

So why is it that women are more likely to choose to proceed with a divorce than men? Heidi Kar, who is a licensed clinical psychologist and international mental health expert for the Education Development Center in New York sites that it is not a coincidence that the rise of divorce initiated by women coincides with women’s liberation. Kar says “Across cultures and geographies, … Read More... “Do Men or Women Typically Initiate a Divorce First?”

Divorced? Are You Eligible to Collect Social Security Benefits off Your Ex’s Record?

Divorced? Are You Eligible to Collect Social Security Benefits off Your Ex’s Record?
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Divorced Spouse Can Collect Social Security Benefits Under Certain Conditions

A Divorced Spouse May Be Eligible For Social Security Benefits Once They Hit Retirement Age

social security benefits divorce retirement benefitsTypically, when a divorce is settled, so are the marital assets. Yet, not a lot of people know that as you reach retirement age, there may be one more benefit you can collect from your divorce.

In a MassMutual poll conducted in 2021, 30% of individuals didn’t know that a divorced person may potentially collect social security benefits on their ex-spouse, once they hit retirement age.

Back in May of 2016, we discussed Social Security benefits  after the divorce is finalized in our post, “Social Security Benefits Can Be Maximized Post Final Divorce Decree“, but with divorce rates highest among those ages 55-64, according to the US Census Bureau, it’s a good topic to revisit and reiterate, especially if you’re nearing retirement age.

Now in order to qualify for the divorced spouse Social Security Benefits, there are a few conditions that ”must” be met:

  • Your marriage lasted 10 or more years; and
  • You are at
… Read More... “Divorced? Are You Eligible to Collect Social Security Benefits off Your Ex’s Record?”

What To Do If Your Life Is A Mess After Divorce

What To Do If Your Life Is A Mess After Divorce
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Mess After Divorce: It’s possible for you to love your life again.

mess after divorceIt’s a tricky, devious, exhausting struggle, this whole getting-over-a-relationship thing. And if you have been married, you know there is a lot more at stake than just a romantic hit-and-run. Marriage means you were vested in something bigger than just “two people in love.” So, if your life is a mess after divorce, it’s no wonder.

Think about what it’s like to pack up and move from a house you have lived in for 10, 20, 30 years. Now imagine the task as an effort to downsize.

Everything that was once neatly in its place (on cleaning day, anyway) is now…well…everywhere. Essentials, non-essentials, mementos, family heirlooms, favorites-for-no-good-reason. It’s all unearthed, waiting for a decision to be made on its destiny.

Your home is a mess. Your life is a mess. After divorce, this metaphor comes to life in every area of your existence. You don’t feel as if you are “just moving” (or that they are just moving) — you feel as if you have been foreclosed on.

Mess After Divorce: You have to

… Read More... “What To Do If Your Life Is A Mess After Divorce”

Getting to Know the Basics of Medicaid

Getting to Know the Basics of Medicaid
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65 and Older: Applying For Medicaid In Ohio

medicaid community spouse estate planning long-term health carMedicaid is a federal and state program that provides long-term health care for those age 65 and older who meet certain income and asset requirements. Medicare is a federal health insurance program available for anyone age 65 or older regardless of income or asset level but does not cover long term care. Thus, if a senior needs long term care, they pay for it from their own resources until they reach a level qualifying them for Medicaid eligibility, at which time Medicaid takes over and pays the long-term health care  facility’s bill going forward. The basic rules are as follows. All numbers are Ohio Medicaid figures for 2022.

An individual applying for Medicaid must satisfy an income eligibility test. The applicant’s eligibility must not exceed $2,523 per month. If the applicant is married, the applicant’s spouse’s income is not counted. Also, the non-applicant spouse may be entitled to a minimum monthly maintenance needs allowance (MMMNA). If the applicant would otherwise qualify for Medicaid other than failing the income test, they can set up a qualified income trust (QIT), … Read More... “Getting to Know the Basics of Medicaid”

Blast From The Past: The Value and Benefits of Signing a Consent Agreement in an Ohio Domestic Violence Case

Blast From The Past: The Value and Benefits of Signing a Consent Agreement in an Ohio Domestic Violence Case
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PUBLISHER’S NOTE: This blog about Consent Agreement is as meaningful today as it was when we originally posted it on November 11, 2022! We have a ton of interesting articles in our archives of the Ohio Family Law Blog. Use our Search tool and enjoy a few oldie but goodies!

What is a Consent Agreement in a Civil Protection Order (CPO)?

consent agreement domestic violence protection orderA Consent agreement in a civil protection order occurs when the parties agree upon the terms of the protection order. If the parties are able to agree upon the terms of the protection order , then there is no need for a finding of domestic violence nor is there a place in the Consent Agreement form to include a finding of facts. In a Consent Agreement , the accused is not admitting or denying that an act of violence ever occurred. The accused is simply agreeing to follow the terms of the civil protection order. Typically, one of those terms is that the respondent agrees to stay away from the petitioner.

What are the advantages of signing a Consent Agreement?

There are many benefits to … Read More... “Blast From The Past: The Value and Benefits of Signing a Consent Agreement in an Ohio Domestic Violence Case”

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