Blast From The Past: Non-Payment of Child Support May Result in Denial of a Passport

child support denial passport

Child Support Arrearage Can Impact Travel Outside The Country

PUBLISHERS UPDATE: Here is one of my favorites posts about the U.S. Passport Denial Program from back on January 15, 2011!  This U.S. government program is still going strong. Here is a link to their website to learn more. 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!

Renewal Or Issuance Of A U.S. Passport May Be Denied If More Than $2,500 Is Owed In Child Support

Non-Payment Child Support Denial PassportMost people don’t realize that if you have a child support arrearage of more than $2,500 that you are NOT eligible for either a renewal or the issuance of a U.S. passport.  Also, be aware that there is no guarantee that even if your arrearage balance is below $2,500 that you will be allowed to obtain a passport because you are still in arrears. Many people who had intended to travel abroad have learned about this restriction the hard way and ended up having their plans aborted by a passport denial. Think about the implications if, for example, you were planning on getting married overseas and … Read More... “Blast From The Past: Non-Payment of Child Support May Result in Denial of a Passport”

Divorce Linked to Stroke in Men

Study Shows Higher Risk Of Stroke For Men Of Parental Divorce

divorceIt often is said that children are the most affected by divorce. Now a Toronto study has found that men with divorced parents are significantly more likely to suffer a stroke than men from intact families, according to a recent study from the University of Toronto. The study, published in the International Journal of Stroke, shows that adult men who had experienced parental divorce before they turned 18 are three times more likely to suffer a stroke than men whose parents did not divorce. Women from divorced families did not have a higher risk of stroke than women from intact families.

The Toronto Star reports the University of Toronto researchers examined data from the US Center for Disease Control and Prevention in Atlanta (CDC) from a health risk survey involving 4,074 males and 5,886 females.  According to Esme Fuller-Thomson, Chair at University of Toronto’s Factor-Inwentash Faculty of Social Work and Department of Family and Community Medicine and lead author of the study, “the strong association we found for males between parental divorce and stroke is extremely concerning.”

Angela Dalton, co-author of the study, adds that “it is particularly … Read More... “Divorce Linked to Stroke in Men”

Bankruptcy Reflections by Several Recent Divorcés

What You Need To Know Before Filing For A Personal Bankruptcy Action

bankruptcySince the beginning of the recent housing crisis, I have had the experience of working with clients who have fallen behind with mortgage payments which resulted in the mortgage lender filing a foreclosure action with the Court.  This course of events often leads to the filing of a personal bankruptcy action to discharge the mortgage indebtedness.  In order to get the information to write this article, I chose to interview my son, who will be known as CS, and a divorce client, who will be known as RP.  CS and RP have some commonalities:  (1) both had experienced a divorce proceeding; (2) both had experienced a decline in the value of their homes causing them to be “upside down”; and, (3) both of them had support obligations (child support or spousal support) resulting in each having less disposable income with which to pay their monthly mortgage payments.   Having a house be “upside down” simply means that the amount of the mortgage balance is far greater than the actual fair market value of the home.  Both men filed a Chapter 7 Bankruptcy proceeding resulting in the complete discharge of … Read More... “Bankruptcy Reflections by Several Recent Divorcés”

Care Insurance: Long-Term Health Care Update

How Ohio’s Long-Term Care Insurance Program Can Make Sense For You!

Care InsuranceIt is now almost 5 years since Ohio’s long-term care partnership program was implemented in order to allow Medicaid participants to protect more of their assets from the Medicaid spend down process.  With the rising cost of long-term care and the effect that the recession has had on most individual’s savings, this program is more valuable than ever.  A long-term health care insurance policy that meets certain criteria can provide tremendous savings and asset protection against future health care needs by allowing an individual to shelter an amount of assets equal to the amount of coverage under the policy.

Once again, the policy must meet the following criteria:

  1. Must be issued after September 10,2007;
  2. The insured must be a resident of Ohio when coverage first becomes effective;
  3. The policy must be a federally tax qualified plan based on IRS Code;
  4. The policy must meet strict consumer protection standards; and
  5. The policy must include certain protections against inflations.

It was recently estimated that a 65 year old has almost a fifty percent chance of spending some time in a long-term care facility.  The average length of stay is 2 ½ … Read More... “Care Insurance: Long-Term Health Care Update”

INNOCENT SPOUSE AND IRS

INNOCENT SPOUSE AND IRS

INNOCENT SPOUSE: AN INTRODUCTION

innocent spouseFinancial decisions in a marriage are not always a joint venture; wherein both Husband and Wife cooperate in the decision making. In the first few years of my own marriage, my Husband filed our taxes for us. I would check to ensure he put in all my information, but I never looked to see what numbers he was putting into his part of the tax return. Now that I am an attorney practicing in divorce, I know the detrimental effects that can occur in these situations.

Sometimes the spouse in charge of the finances may make misrepresentations to the Internal Revenue Service (IRS) or they may not file a tax return at all. Even though only one spouse may be in charge of the finances, both Husband and Wife will be jointly and severally liable for any unpaid taxes, fees, interest, and penalties, even if you are the innocent spouse. When getting married, we put a lot of trust and faith in our spouse to do what is right, what is correct, and what is honest; but if something is done with your name attached, I urge you to be just as … Read More... “INNOCENT SPOUSE AND IRS”

Palimony Not Recognized in Ohio

Palimony Not Recognized in Ohio – Resuming a Romantic Relationship is Insufficient to Establish a Contract

PALIMONY DEFINED

palimonyPalimony is a form of alimony awarded to one of the unmarried partners in a romantic relationship after the breakup of that relationship following a long period of living together. Unlike alimony which is typically provided for by law, palimony is not guaranteed to unmarried partners.  Generally, a palimony plaintiff must prove an underlying contractual basis for his/her claim, such as an express (written or oral) or implied contract.  My research shows that approximately 23 states have enforced a cohabitation agreement, either express or implied.

Palimony cases are determined in civil court as a contract matter, rather than in family court, as are divorce cases. The “palimony” phrase was coined by celebrity divorce attorney, Marvin Mitchelson, back in 1977 when his client Michelle Triola Marvin filed an unsuccessful suit against the actor Lee Marvin.  The two were not married.

Palimony: Ohio Supreme Court Rules on Ownership of Unmarried Couple’s Home

It is rarely a good idea for unmarried individuals to purchase property together as their joint residence. Should the relationship fail, issues inevitably arise, often leading to disputes.  Who will … Read More... “Palimony Not Recognized in Ohio”

Social Security and Divorce Alert

“The problem with receiving unearned income through adjudication/settlement agreements In A divorce or dissolution when one receives social security income or social security disability income”

social securityIf you are a recipient of Social Security Income or Social Security Disability Income  and you are going through a divorce or dissolution, your first step should be to find an attorney who has a good working knowledge of social security income and social security disability income. Spousal support, child support, and property settlements are often the main issues in any divorce or dissolution. Not only does spousal support, child support and property settlements encompass a great deal of the divorce or dissolution proceeding, but when one receives these things as part of a global settlement or adjudication, and they are also receiving social security income, social security disability income, Medicare, or Medicaid, one can find that what they want and what they get can be often two very different things.

When the Social Security Administration determines the amount a recipient receives, they subtract what is known as “countable income” from the SSI base rate. The Federal SSI base rate for 2012 is $674.00 for an individual. Countable income is anything that is received in … Read More... “Social Security and Divorce Alert”

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