Robert L. Mues, Author at Ohio Family Law Blog

Updated Guardian Ad Litem Rules in Ohio

New Guardian Ad Litem Changes Coming to Ohio

Did you know the Supreme Court of Ohio Added New Amendments to Guardians ad Litem? New Changes, Requirements and Redefinitions Explained

As of January 1, 2021, the Supreme Court of Ohio added new amendments regarding Guardians ad Litem, or GALs, including a redefinition of the responsibilities for those appointed as GALs, new training requirements, as well as the penalties for unauthorized disclosure of GAL reports once they are complete.

It is important for attorneys in Ohio appointed as Guardians ad Litem to know and understand the changes made at the beginning of this year.

A Refresher

A “Guardian ad Litem” (GAL) is an individual who is appointed by the court to assist with determining the best interest of the child in domestic relations and juvenile cases. This person is usually an attorney (though in the state of Ohio this is not a requirement) who represents only the child and no other parties involved.

It is the job of the GAL to conduct a thorough investigation on behalf of the child they are representing. In a previous post from September of 2018, “Blast From The Past”: The Role and Functions … Read More... “Updated Guardian Ad Litem Rules in Ohio”

Six Divorce Myths Busted!

Divorce Myths: Don’t Fall For Inaccurate Information. Be Proactive, Consult With An Experienced Family Law Attorney

There are a ton of myths and misconceptions surrounding obtaining a divorce. Having practiced family law work for 40+ years, I thought I would try to provide some accurate information and perhaps shatter some of the falsehoods.

Myth #1: Mothers Always Get Custody

Many years ago, this may have been true. But that is not the case now. There is a national trend towards equalizing parenting time as much as possible between the parties. Facts really matter in determining custody! In Ohio, the core principle of determining custody/shared parenting comes down to determining the “best interests” of the children. A lot of fathers get custody and/or equal parenting time under a shared parenting plan.

Myth #2: Only Women Get Spousal Support (Alimony)

This was never really the case. Sure, in the past men were the predominant “bread winners”. Many women earn more money than their husband. There are many factors the Court considers when determining spousal support. The alimony statute in Ohio is gender blind. Gross income plays a large role in that determination. But if the husband is the “financially disadvantaged … Read More... “Six Divorce Myths Busted!”

What is a Platonic Parenting Arrangement?

Platonic Parenting More Common Than Ever Before

For those people who want children, the typical path to follow is to find your soulmate, get married, have children and have a family. However as our society has evolved and changed, so has the definition of family. The relationship status including gender and whether or not two people are married is no longer a defining issue in becoming a parent. Many people are more focused on wanting children rather than in finding that special someone to have a romantic relationship with. Platonic parenting is becoming more and more common.

What is platonic parenting? It is when two, (or even more than two people) decide to commit to raise a child together, yet have no romantic involvement. This trend was initially spearheaded within the LGBTQ community. Until fairly recently same gender folks could not legally marry, and if one of the couple had a child and they were raising him or her together, they did not have the support of the court system to help if they were to split up.

Platonic parenting or co-parenting is now much more common with couples who have been married and decide to divorce. This … Read More... “What is a Platonic Parenting Arrangement?”

What is a Cash Medical Support Order in Ohio?

What is Cash Medical Support in the State of Ohio?

Cash medical support is a payment of $388.70 included in a child support order that is paid by the obligor (usually the nonresidential parent) to be put towards the ordinary medical expenses of the child incurred throughout the calendar year. Every child support order in Ohio established or modified on or after March 28, 2019, includes cash medical support as part of the court’s order. A link to Ohio’s official cash medical support statute can be found here: https://codes.ohio.gov/ohio-revised-code/section-3119.302.

Who Owes Cash Medical Support?

The cash medical payment is received by the child support obligee (usually the residential parent), unless he/she already is a Medicaid participant. If the prior is true and the child is already receiving healthcare benefits under Medicaid, then the cash medical payment is still owed, however it is sent to the State of Ohio in order to defray the costs associated with Medicaid and healthcare expenditures. If the paying party has a gross annual income that is less than 150% of the federal poverty line for an individual ($19,320.00 in 2021), then he/she will not be required to pay the cash medical support.

What

If You Are in an Emotionally Abusive Marriage, Should You Stay Together for the Sake of the Kids?

A Victim Of Domestic Violence and Have Kids? My Published Thoughts From A Practicing Divorce Lawyer Of Over 40 Years

October is Domestic Violence Awareness Month. There are many forms of domestic violence and it can be inflicted in countless ways! Here is a link to an excellent post on our Blog from last year including 10 Tips to Have an Informed Conversation about Domestic Violence, published by The National Network to End Domestic Violence (NNEDV). https://www.hcmmlaw.com/blog/2020/10/03/domestic-violence-awareness-month/

Most parents want to do everything possible to protect their kids and for them to grow up healthy. The title to this blog article is an age-old debate topic that comes up in many initial divorce conferences. Daniel Pollack, a professor at the Wurzweiler School of Social Work at Yeshiva University, tackled this subject in an informative article just published on October 14, 2021, in the New York Law Journal. The author sought feedback from 2 mental health professionals and 4 experienced divorce lawyers from across the Country, including myself.

HERE WERE MY THOUGHTS ON THIS ISSUE PUBLISHED IN THE ARTICLE:

Having been a practicing divorce lawyer for over 40 years, I have this conversation all too often with my clients.

Gray Divorce – Refocusing and Obtaining Experienced Legal Advice

Securing A Divorce Lawyer For Experienced Gray Divorce Advice

Extended Mortality Rates and Financial Independence Has Led to Dramatic Rise in ‘Gray Divorce’ Over the Last Decade

The number of “gray divorces” has increased dramatically over the last 10 years. These are divorces between couples over age 50 and often in a long-term marriage. Here is a link to read the first blog post I wrote about it in 2015. This increase certainly may have been influenced by the extended mortality rates, societal shifts with less stigma regarding divorcing, as well as women becoming more independent financially.

When I talk with folks who fall into this category, I hear similar explanations why they want to end their long-term marriage. Often, I hear that they stayed together primarily for the sake of their minor children. Now that they are “empty nesters” they feel “free” to move on with their life and focus on their own wants. The other reason I hear often is that the 2 have simply grown apart and really aren’t in love any more or that they were just going through the business/motions of a marriage because “that is what you do.”

In further discussion, it seems that … Read More... “Gray Divorce – Refocusing and Obtaining Experienced Legal Advice”

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