financial issues Archives - Page 3 of 11

Establishing Paternity in Ohio – An Overview

The concept of “paternity” refers to the process of going to court to establish a legal relationship between a father and his child. The process exists because society has created laws to make sure that children are supported by their own biological parents whenever possible. A paternity action will help determine who should be paying for that support and how much they should be paying. In Ohio, a paternity action will only apply to a mother and father who were never married because any child born during a marriage is presumed to be the husband’s legal child. Paternity actions between unmarried people are typically heard in a county’s juvenile court.

Who can file for paternity?

In Ohio, the only people who can bring an action to establish paternity are the mother of a child, the alleged father of that child, the child (or a representative of the child), or the Child Support Enforcement Agency in the county where the child resides (if the mother, alleged father or guardian of the child is receiving public assistance on behalf of the child). A grandparent or other relative cannot file a paternity suit.

Why should someone establish paternity?

Paternity helps to protect both … Read More... “Establishing Paternity in Ohio – An Overview”

10 Tips to Ruin Your Divorce Case and Waste as Much Money as Possible!

Attorney Diana Mercer sent me these tips in her newsletter on January 19, 2011. Her points are excellent and certainly worth repeating. They really made me chuckle because they are spot on! I have also had an opportunity to read the recent book she co-authored with Kate Jane Wennechuk titled Making Divorce Work: 8 Essential Keys in Resolving Conflicts and Rebuilding your Life, available on Amazon. It is excellent! I whole-heartedly recommend it! To learn more about the book, please take a look at the video about it which I have attached at the end of the article. Thanks Diana for your attempts to bring sanity to the chaos of divorce…

Tip # 1

Organize nothing. Either bring none of your financial records or requested documents to your attorney’s office or court hearing, or bring all your financial records in a paper sack overflowing with miscellaneous papers.

Take no responsibility for any aspect of your case. Procrastinate getting documents together and ask your lawyer to handle even the simplest stuff because you don’t have time and, of course, money is no object.

Tip #2

Call your lawyer repeatedly, ideally several times a day, and ask the same question … Read More... “10 Tips to Ruin Your Divorce Case and Waste as Much Money as Possible!”

Highlights of the 2010 Tax Relief Act

The Tax Relief, Unemployment Insurance Reauthorization and Job Creation Act of 2010, signed into law December 2010, finally brought some certainty to estate tax, gift and generation skipping tax, at least temporarily. Although estate planning attorneys now have a better idea as to advising clients in wealth management opportunities, the new law only applies through December 31, 2012. Thus, we may find ourselves back in this position of uncertainty in two years. Some of the major aspects of the Act are summarized below:

Estate tax exemptions and estate tax rates: Under President Bush’s Tax Relief Act of 2001, the federal estate tax exemption had increased to $3.5 million dollars in 2009, was unlimited in 2010, and was set to fall all the way back down to $1.0 million dollars in 2011. This problem was solved for the short term by setting the exemption at $5.0 million dollars for 2011 and 2012. Thus the first $5.0 million dollars of any estate is exempt from federal estate taxes. The maximum federal estate tax rate on those estates over $5.0 million dollars was capped at 35%. This will greatly decrease the number of estates subject to federal estate taxes. However, once again, this

Non-Payment of Child Support May Result in Denial of a Passport

Most 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 the passport request is denied.

To learn more, click here to go to the U.S. State Department’s Travel Abroad website to read about the mandatory process that must be undertaken before any passport application will be processed. You need to make arrangements to pay the State Support Enforcement Agency where child support is owed BEFORE you submit your application for a U.S. passport. Also, all questions about your child support arrears or the status of a payment should be directed to that appropriate State Support Enforcement Agency and not to the U.S. State Department … Read More... “Non-Payment of Child Support May Result in Denial of a Passport”

Divorce As A Medicaid Planning Tool?

Many happily married seniors are facing a previously unthinkable proposition: terminate their marriage or risk losing a majority of their savings to medical expenses, leaving both of them with little savings to enjoy their twilight years, regardless of how well they planned in advance. How can this happen? With medical technology ever improving, allowing us to live longer, most individuals will spend at least a few years in a nursing or retirement facility during our lifetimes. With the baby boomer generation approaching retirement age, more and more of us will fall into this category. How will these long-term care expenses be paid? The choices are private savings, long-term health care insurance, Medicaid or a combination. This is where the dilemma occurs.

For example, consider a devoted husband and wife living financially comfortable in retirement. Husband has a series of strokes and reaches the point physically where wife can no longer care for him. He must move indefinitely into a retirement facility where staff is available to care for him on a full-time basis. How will his care be paid? The couple can pay for his care but at $6,000 per month or more the money can be depleted quickly. The … Read More... “Divorce As A Medicaid Planning Tool?”

Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio

In the days of my parents who were born in the 1920’s, persons typically lived in the small towns or cities in which they were born and remained there carrying on the family farms or businesses or following the trades or professions of their parents. In today’s society, people are much more mobile. Persons move to find employment, attend college, or due to military assignments. Many individuals who have had their marriage terminated in another State may find themselves now living in the Miami Valley area. Some of those persons are parents of minor children. So, if Post-Decree problems occur, to which Court do they go for help or assistance?

I should explain that “Post-Decree” refers to situations which occur after the parties’ Final Judgment and Decree of Divorce or after the parties’ Decree of Dissolution of Marriage have been filed. So, the parties’ marriage has ended but issues may continue regarding spousal support, child support, parenting time schedules, transportation, etc. If the parties’ Final Decree of Divorce or Final Decree of Dissolution was filed in a state other than the State of Ohio, that Decree is referred to as a “foreign decree”. It is “foreign” in the sense that … Read More... “Registering an Out-of-State Decree when a Parent and Minor Children have Relocated to Ohio”

Sexually Transmitted Diseases and Alimony Proceedings

Question Presented: Is it likely that one spouse would be granted an award of spousal support in a divorce for having been infected with a sexually transmitted disease (STD) by the other spouse?

Most states have spousal support/alimony statutes which list factors for the Court to consider when awarding spousal support. Many of these statutes, such as Ohio’s statute, include in the list “any other factor that the court expressly finds to be relevant and equitable” or something similar to this. Using this factor, courts do have the authority to consider the contraction of an STD between spouses when awarding spousal support. In many cases in which one party to a marriage contracts an STD, it is the result of an extramarital affair. The other party is then infected with the STD through continued sexual relations between the spouses. Obviously, there may be significant proof problems associated with establishing the origin of the STD.

Ohio, as well as most states, will also consider the health (physical, emotional, and psychological) of the parties when awarding spousal support. This is another factor which may lead to a party who contracted an STD from his/her spouse being awarded spousal support. People with STDs … Read More... “Sexually Transmitted Diseases and Alimony Proceedings”

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