Robert L. Mues, Author at Ohio Family Law Blog

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”

What are Digital Assets and How Do They Impact My Divorce?

Dividing Digital Assets in Divorce – 50-50 Split?

Fifteen to twenty years ago, digital assets were not a topic of hot debate or even of casual conversation. Fast forward to modern day America and all of that has since changed. As a society, we have experienced a cultural shift that now encourages an increasing trend to move large portions of our lives online. For better or worse, online accounts, social media, and digital currency are here to stay. Seeking the advice of current and knowledgeable family law attorneys will help you navigate the challenges that all divorcing parties face when it comes time to divide their assets, digital or otherwise.

What are Digital Assets?

The term ‘digital assets’ is generally described as anything of value that can be stored or accessed online. More specifically, these include intangible assets that exist in a digital format covering a wide swath of categories.

First and widely recognized are online or “crypto” currencies. Examples such as Bitcoin, Ripple, Dogecoin, and more have entered popular jargon as increasing numbers of people accumulate and trade their funds online. Additionally, online reward programs draw high interest from vast numbers of Americans every day. Digital plans such as … Read More... “What are Digital Assets and How Do They Impact My Divorce?”

What Are Your Options of How You Can Receive Support From Ohio Child Support Payment Central?

Child Support Payments can be Sent to a Platnium smiONE Visa Debit Card or Direct Bank Deposit

In Ohio, the Office of Child Support, Ohio Department of Job and Family Services, has made electronic disbursements mandatory as a way of processing child support payments.

What exactly is an e-Disbursement? It is when money is electronically transferred from the Ohio Child Support Payment Central to either a debit card with a chip, a magnetic strip credit card, or to a saving and loan bank, or a credit union account. Paper checks are no longer an option, unless the custodial parent can show proof why it is impossible for them to receive funds electronically.

There are two different methods that Ohio has established to receive child support payments. You can either receive the money through direct deposit, or through a Platinum smiONE Visa card. These two methods for receiving child support are offered in order to provide a safer, faster, and simpler way to receive the money. In addition, eliminating mailing paper checks saves the State of Ohio an incredible amount of money!

Child Support Payments: Direct Deposit Vs. Debit Card

Direct Deposit can be used if the custodial … Read More... “What Are Your Options of How You Can Receive Support From Ohio Child Support Payment Central?”

Patience During a Divorce…Really?

How Can I Reduce Stress and Burden During the Divorce Process? Form a Team of Support That Includes Friends, Family and Professionals

Divorce can often times be a long process. As we all know COVID has been a game changer and has affected almost every aspect of many of our lives. This is true when it comes to divorce as well. With the onset of COVID, in many states divorce cases began to slow down. This was for a myriad of reasons.

For one, people were sheltering in place and simply not going anywhere. Courts were adjusting and scrambling to achieve proper COVID precautions. However now with increasing numbers of fully vaccinated adults, people are starting to get on with their lives, and this includes going forward with a divorce they might have been keeping on hold. Courts are now faced with a backlog of cases and so unfortunately many people are finding that the divorce process is taking a little longer than previously. So, what to do? Be patient! Easier said than done, but patience can be your strongest ally in your divorce process.

Tips to Help you Through The Process

There are some tips in trying … Read More... “Patience During a Divorce…Really?”

What Are Co-Parenting and Parallel Parenting Arrangements?

parallel parenting co parenting shared parenting plan

Parallel Parenting vs. Co-Parenting

Parenting Methods That May Work For You: Co-Parenting and Parallel Parenting

Ohio Courts may designate 1 parent as the sole custodial parent or both as equal residential parents under a shared parenting plan. In a divorce, the statute that establishes that is R.C. § 3109.04. The best interests of the child always are the paramount consideration.

However, there are two other parenting methods in the non-legal world that are important to be aware of in order to be fully informed.

Co-Parenting:

This approach will work best for those parents who act and problem-solve together despite their differences and are no longer living with one another. Typically, these parents are operating under a shared parenting plan.

This approach involves putting the best interest of your child first often by making going between houses a low-stress situation, attending school functions and extra-curricular events with one another, and frequent, detailed communication. Further, their parental interaction is cordial and there is a safe space for conflict resolution in order to keep a level of normalcy for the child. Essentially, a low conflict ideal situation for the kids!

What do you do if your co-parent is no longer willing … Read More... “What Are Co-Parenting and Parallel Parenting Arrangements?”

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