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

relocateohio.jpgIn 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

std_alimony.jpgQuestion 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”

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”

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”

The New Economics of Marriage: More Men Marrying Wealthier Women

pewwomen.jpgIn a recent analysis of census data, the Pew Research Center found that the institution of marriage has undergone significant changes in recent decades as women have outpaced men in education and earnings growth. The study examined American’s 30 to 44 years old, a stage of life when typical adults have completed their education, have gone to work and gotten married. “Men now are increasingly likely to marry wives with more education and income than they have, and the reverse is true for women,” said Paul Fucito, spokesman for the Pew Center. “In recent decades, with the rise of well-paid working wives, the economic gains of marriage have been a greater benefit for men.” Clearly, these unequal gains have been accompanied by gender role reversals in both the spousal characteristics and the economic benefits of marriage.

I personally enjoy reviewing statistics. For those that don’t, be sure at least to read my conclusion at the end of this piece, especially if you are a woman contemplating entering into a marriage.
Here are some of the significant findings in the study, clearly demonstrating the new economics of today’s marriage:

  • In 1970, 28% of wives had husbands who were better educated than
Read More... “The New Economics of Marriage: More Men Marrying Wealthier Women”

Job is Lost! Now What Do I Do?

joblost.jpgIt is newsworthy that the State of Ohio has taken major “hits” in the job loss category and that our unemployment rate approaches 10%.  Recently, General Motors, aka Delphi, has closed most plants in Dayton causing a massive loss of jobs in the manufacturing sector.  Then, National Cash Register (NCR) announced the company was moving its headquarters and nearly fifteen hundred (1500) jobs to a suburb of Atlanta, Georgia.  The Dayton Daily News has reported that eleven (11) policemen are slated to “lose their jobs” due to budgetary constraints.  Also, businesses associated with supplying the auto industry with parts and services are feeling a financial “crunch” as their major or primary customer was General Motors, aka Delphi.

So, what is a parent (Father or Mother) to do when facing or experiencing a loss of employment?

Scenario #1:   Father is the Obligor (parent paying child support to the Mother/Obligee). He was employed by National Cash Register (NCR).  He does not want to move to the suburb of Atlanta, Georgia, wherein the new company headquarters shall be located.  He does not want to leave the Dayton community as he wants to remain in contact with his children and he has an “upside Read More... “Job is Lost! Now What Do I Do?”

What About “Manimony”?

mani.jpgPerhaps it is time to forget the “I am a man and can take care of myself” attitude. Did you know that under Ohio law, the factors for alimony or spousal support are gender blind? Up until the 1980’s there were few men who received spousal support from their wives, but times and attitudes are slowly changing. As more men are granted custody of their children or become stay at home dads, the need for women to pay both child and spousal support has increased. But interestingly, statistics show that “thirty-three percent of higher-earning spouses are women, but fewer than four percent of alimony payers are women”, according to a CNN article on Manimony (a slang term for alimony paid to men). In today’s society many men still refuse to request spousal support even if their spouse earns much more money than they do. So it seems that the inequality in spousal support awards may have more to do with male machismo than any legal bias.

In her blog, Attorney Marie Fahnert, the author of the Chicago Divorce Lawyer had a very insightful perspective on the topic. She believes that “women will never achieve full equality until men stop being Read More... “What About “Manimony”?”

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