Social Security Benefits Can Be Maximized Post Final Divorce Decree

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Divorce Final? How To Maximize Your Social Security Retirement Benefit By Utilizing The Divorced Spouse Benefit

social security retirement benefit divorceYour divorce is finalized!  It is over and done, and you have moved on with your life.  The assets, monetary accounts, retirement accounts, and the like all have been divided per the divorce decree.  With that divorce decree in hand, you ex-spouse is no longer entitled to any future benefit you may receive, and that goes the same for you.  However, there is one benefit you want to keep in mind when you are approaching retirement age.  That benefit is the ability to collect Social Security Retirement on your ex-spouses record even if he or she has remarried!  Like all government benefits there are some requirements you must meet in order to collect under your ex-spouse’s work record.

This benefit, entitled divorced spouse benefit, requires the following:

  • Your marriage lasted 10 years or longer;
  • You are currently unmarried;
  • You are 62 years or older;
  • Your ex-spouse is entitled to Social Security retirement or disability benefits; and
  • The benefit you are entitled to receive based on your own work record is less
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Domestic Violence Charge And The Federal Gun Control Act

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How A Plea Bargain From A Domestic Violence Charge to A Non-Domestic Violence Charge Still Carries A Federal Gun Ban

domestic violence charge gunDomestic violence is never an easy subject to talk about or, in my line of work, to defend.  To be honest, there really is no run of the mill domestic violence case.  Some domestic violence cases have no defense and I just work out the best possible deal for my client.  For other domestic violence cases, after reading the police report and witness statements, I ask myself “how the hell did this person get charged with domestic violence?”

Or my favorite scenario, a responding police officer charges both individuals involved with the incident with domestic violence.  Then when both accused individuals show up to their respective arraignments, the prosecutor will approach the less aggressive of the two (no idea how that is accomplished), and ask if he/she would be willing to testify against the other in exchange for dismissing their domestic violence charge.

No matter the scenario or your feelings surrounding domestic violence, the bottom line is that a domestic violence conviction carries with it … Read More... “Domestic Violence Charge And The Federal Gun Control Act”

Photos Tools To Protect And Personalize Your Digital Memories Online

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Do You Take a Lot of Photos of Your Kids? Some Amazing Statistics for Mother’s Day!

photos mother's dayMiMedia Inc., just published the results of a recent survey that explored how parents snap, shoot, share and store photos and videos of their beloved children ages 0 – 3. This next-generation personal cloud platform posed questions to 1,000 parents nationwide about their digital habits and lifestyles, investigating how much storage space baby photos and videos take up on their devices.

I bet some of the results of the study will amaze even the most prolific photographers!

Here Are Some of the Key Findings.

  • 76% of parents admit to running out of storage on their phones from taking too many photos/videos of their kids
  • 71% think Moms take more photos of their kids than Dads
  • Nearly 3 out of 5 parents (58%) say their child (age 0-3) was able to operate a touchscreen digital device by swiping before they learned to speak
  • 57% think Moms share too many baby photos on social media (Facebook, Instagram, etc.)
  • Almost half (47%) of parents say their child (age 0-3) likes taking selfies
  • 47%
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Estate Planning: A Truly Sad Story, Prince – His Tragic Death and His Lack of Estate Planning

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Singer Prince Passing Proves The Importance Of Estate Planning Documents

estate planning ohio princeAs everyone knows by now, sadly, Prince unexpectedly passed away recently. In the days following his untimely death, questions began to arise as to whom would inherit his estate, which some have estimated to be worth between 300 and 500 million dollars. Surely he had a will, experts speculated. He had an army of attorneys working for him.

As it turns out, he apparently died with no estate planning documents in place. When asked how this happened, one of his many attorneys stated “Maybe he didn’t expect to die.” Unfortunately, this is the mindset that many of us have. We never would expect to die so soon.

Lack Of Estate Planning Documents Can Result In Repercussions For Surviving Family Members

Prince died leaving 1 full sister and 6 half siblings. Under Minnesota law, as under Ohio law, the 7 of them will share equally in his estate. Is this what he would have wanted? Possibly, but he was known to have given generously to charities, having developed a foundation and having already donated millions to … Read More... “Estate Planning: A Truly Sad Story, Prince – His Tragic Death and His Lack of Estate Planning”

Separation: What is the Difference Between a “Separation” and a “Legal Separation” in the State of Ohio?

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Delaying your divorce? Things you should know before filing for legal separation; an unexpected court decision for you and your spouse

legal separation divorce

When I began to practice family law in 1988, there were three (3) major proceedings in the Domestic Relations Courts of the State of Ohio:

  • Divorce:  Wherein one party files a Complaint for Divorce and the other party generally files an Answer and Counterclaim. The proceeding is assigned to a Judge and the case is managed by that Judge and the Court.  The parties’ marriage would be terminated via a Final Judgment and Decree of Divorce. A divorce proceeding generally takes nine (9) months to twelve (12) months to reach closure.
  • Dissolution:  Wherein the parties file a Petition for Dissolution of Marriage with a Separation Agreement attached thereto.  This proceeding is characterized as being “settled” at the time of filing.  A hearing is held at least thirty (30) days after the filing of the Petition and the parties marriage is terminated via a Final Decree of Dissolution of Marriage.  This proceeding is generally less expensive and less traumatic/emotional as all issues are “resolved” via the
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Parenting Arrangements: Experts Weigh in on Temporary Guardianship for Child

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When Do Informal Parenting Arrangements For Child Need Approval from the State?

Professor Dan Pollack contacted me several months ago requesting some input about this topic from the perspective of an Ohio family law attorney. Dan is an excellent writer and has posted articles as a guest Contributor to the Ohio Family Law Blog since 2009. I was pleased to see that my comments made it to his recent article published in Policy & Practice, 74 (2), 25, 28-29. Thanks Dan!  Keep up your quality scholarship and writing!

parenting arrangements child ohioIt is axiomatic that ideally it is best for children to be cared for by their parents. Yet, on an informal basis, thousands of children reside for extended periods of time with a caregiver who is not their parent. Often they are the child’s relatives, sometimes they are friends or acquaintances of the child’s family. This may be done to accommodate unique family dynamics, after-school or social activities, or for a variety of other reasons.  Such time-efficient and cost-effective parenting arrangements are accomplished without involving any lawyers or signing any legally binding documents. All things being equal, is there … Read More... “Parenting Arrangements: Experts Weigh in on Temporary Guardianship for Child”

Protection Order: Proving Domestic Violence in a Court of Law can be Difficult

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When Things That Go Bump In The Night Are Not Sufficient Evidence For A Domestic Violence Civil Protection Order

protection order domestic violenceA couple weeks ago, my brother and I went back to our homeland of California to visit our parents and help them get ready for their move back to Ohio.  Nothing too crazy, just packing and re-sodding the yard.  And an occasional beer or two in the morning hours while we worked.  Don’t judge.  We were on “vacation” and that whole time change thing was happening.  In any event, one morning we finished up our chores and were watching some television.  While flipping through the channels we came across Nightmare on Elm Street 2: Freddy’s Revenge.  Not wanting to pass up a great slasher movie, we started to watch it.  About fifteen minutes in it became more of a comedy than a slasher movie.  But back in the 1980s that movie was crazy scary!  Like most slasher movies it had all the elements of the main characters getting messed with by Freddy until the big finale where they have to take Freddy on.  By now you have … Read More... “Protection Order: Proving Domestic Violence in a Court of Law can be Difficult”

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