The Importance of a “Correctly Completed” Affidavit of Financial Disclosure

finan_aff.jpgThe Affidavit of Financial Disclosure (or a Financial Affidavit) is a very important document in domestic relations, especially in divorce matters.  If you are pursuing an agreed upon dissolution of marriage (instead of a divorce), the Financial Affidavits are required, but they are not nearly as important as in divorce actions.  In dissolutions, the Financial Affidavit establishes the required disclosure of all assets and liabilities which is the foundation for any dissolution. Also, in a dissolution, since the parties have everything settled between them, any issues regarding what Husband earns or what Wife earns are largely irrelevant because the parties have already determined which party will be paying child support and/or spousal support (alimony) and the amount thereof. The Court is not likely to interfere with those agreements.

In a divorce, which is an adversarial proceeding, one party may be requesting spousal support and/or child support.  In Montgomery County, Ohio, it is especially important to complete the Affidavit of Financial Disclosure because the Court relies upon that information when issuing its Temporary Order for Custody and Support.  Accordingly, if the Financial Affidavit reflects that both parties are still residing in the same home together, the Court will not typically issue … Read More... “The Importance of a “Correctly Completed” Affidavit of Financial Disclosure”

When Your Ex Opts Out -Talking to Your Children When Your Former Spouse Decides to Not Parent

optsout.jpgConsistently, one of my favorite blogs is Michael Mastracci’s Divorce Without Dishonor Blog. Mike is an excellent attorney from Baltimore, Maryland. His own difficult and acrimonious divorce and child custody battle led to his personal interest in collaborative family law.  Both attorneys and clients should include his blog on their frequent read list. Mike regularly espouses ethical, moral and philosophical standards that we should aspire to meet. I have personally and professionally been a proponent of child welfare issues for over 30 years. So, when I read his recent post about “When Your Ex Opts Out – Talking to Your Children When Your Former Parent Decides to Not Parent”, I had to ask Mike if I could have his permission to republish it. He kindly agreed. Here it is:

Although most divorcing couples deeply desire a relationship with their children after the marriage dissolves, there are exceptions to this rule. Sometimes, one of the newly divorced parents feels that their life would be easier or freer if not encumbered by their children.  They drop out of the picture for an unpredictable period of time, sometimes weeks or even years.  The custodial parent is left to explain their actions to

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The “Un-Advisability” of an “Un-Divorce” Arrangement

proconunmarr.jpgPsychotherapist and Guest Contributor Donna F. Ferber sent me an email a month or so ago encouraging me to read Suzi Parker’s article about famous couples who chose, rather than going through a divorce, to simply live separate lives. Click here to read Ms. Parker’s article about a trend some people call an “un-divorce.”

We both agreed to attempt to fairly evaluate the “pros and cons” of this option: she from a psychological perspective and me from a legal perspective. Initially, Donna was much more open to the possible merits of this arrangement than I was. She made it clear that she was most interested in hopefully reaching and empowering people who are in unhappy marriages and who feel trapped by fear, ignorance, and the lack of financial and emotional resources. Donna and I continued to exchange numerous emails over the last six weeks about this “un-divorce” arrangement, discussing the relative merits of couples remaining married but living separate lives. By reading the title of this article, I suspect you can tell that I am not impressed with the overall wisdom of such a relationship.  While it is certainly possible to construct various hypothetical situations when an “un-divorce” arrangement might … Read More... “The “Un-Advisability” of an “Un-Divorce” Arrangement”

Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!

Our guest contributor this week is Judianne Cochran a nationally recognized expert/consultant in the following disciplines: sex offender profiling; false allegations in custody cases; interstate and international parental abduction; interstate custody and parental alienation. She has testified in numerous Courts throughout Ohio and the country. Judi presently resides in Columbus, Ohio.

jc_abuse.jpgIn recent years there has been a steady and alarming increase in the use of false allegations of vague, unsupported claims of domestic violence and even vaguer claims of child abuse, used solely in an attempt to find a shortcut to a presumed better position in custody cases. What is more alarming is the observation that more often than not the attorneys of record for the litigants making these claims have been those unschooled in and relatively new to the family law arena, who have chosen to step outside their actual specialty and add a minor “division” of family law to their practices. Often, a new, young, unskilled associate is added to the practice to handle these family law issues.

Some of these practitioners use this mechanism so frequently that simply hearing the name of the attorney leads one to assume that automatically there will be a “smoke and … Read More... “Custody Wars: My Lawyer Suggested that I Fabricate a Child Abuse Allegation!”

The FBI has Registered the Local Children Abducted to Japan as “Missing Children”

swaim2.jpgHere is an update about our client, Kent Swaim, whose two sons were abducted to Japan by their mother, published in the DDN on September 8, 2010.

Abducted Clayton boys registered on national criminal justice list

Authorities can use designation to urge Japanese to send sons back to father.

By Mary McCarty, Staff Writer Updated 1:27 AM Wednesday, September 8, 2010

Clayton father Kent Swaim has won an important victory in his quest to be reunited with the two young sons he hasn’t seen since his former wife fled with them to her native Japan two years ago.

The boys finally have been registered with The FBI’s National Crime Information Center (NCIC), a computerized index of criminal justice information, including missing children.

Swaim’s plight was featured in an Aug. 15 Dayton Daily News story. The Wright-Patterson Air Force Base master sergeant had long been frustrated by his inability to convince authorities to enter the children in the database.

“This gives the U.S. State Department and the National Center for Missing and Exploited Children the tools they need to help me and take this next step,” Swaim said. “It gives them the authority to plead with the Japanese authorities to Read More... “The FBI has Registered the Local Children Abducted to Japan as “Missing Children””

A Local Case of “Child Abduction” Involving the Country of Japan

kent_swaim.jpgOn October 24, 2009, our Ohio Family Law Blog published an article entitled, “U.S. Father Arrested In Japan For Picking Up Children ‘Abducted’ By Ex-Wife…The Rest Of The Story”!  On Sunday, August 15, 2010, the Dayton Daily News published a human interest news story entitled, “Dad With Custody Can’t Get Kids From Ex-Wife In Japan”.  The 2009 article involved a Father from the State of Tennessee having a former Wife secret his two children away to the Country of Japan without his knowledge or consent. The most recent incident reported in the Dayton Daily News involves a Father residing in the State of Ohio whose Wife secreted his two children to the Country of Japan without his knowledge or consent before the termination of the parties’ marriage.  The subject Father, Kent Swaim, is a client of our firm.  He has given us permission to share his story!

Facts of the Kent Swaim Case:

  1. Kent Swaim (“Husband/Father”) is an active duty member of the United States Air Force.  While serving his country in Okinawa, Japan, the parties met at an ice cream parlor on the island.  They dated one another and he later married Miyuki on May 21, 1999.  
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Back To School So Soon?

backtoschool.jpgThe lazy, hazy days of summer will soon be gone, only to be replaced with the frenetic days of a new school year.  Despite the grumblings from your children about returning to school, most children are actually ready to resume the routine that school brings. The beginning of the school year is exciting. Your child will be happy to see friends and to meet their teachers, but it can also be a time of uncertainty and worry. They might be concerned about how they will do this year in school, if their friends are in their classes, or if they will like their teachers.  It can be especially difficult for those students attending a brand new school, or those who are transitioning from elementary to middle school, or middle to high school.

As parents, we want to be sure to help our children get off to a smooth start to the new school year. It can especially be a challenge if you are sharing custody with a former spouse or if you are the non-custodial parent.  For those of you who operate under a shared parenting plan and split parenting time, say every other week, or every two weeks, it … Read More... “Back To School So Soon?”

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