Robert L. Mues, Author at Ohio Family Law Blog

Blast From The Past: New Year, New Divorce? Things to Consider First!

Blast from the past 13 years Ohio Family Law Blog

Should you file for Divorce in January?

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on January 20, 2018. 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!

January Most Popular Month for Couples to File for Divorce

Experts say that January is the most popular month of the year for couples to file for divorce in Ohio. With the hustle and bustle of the holidays (Thanksgiving and Christmas), it is common for couples to put off their divorce plans until after the first of the year. Even though many couples are struggling with their marriage before the holiday season, they tend to push back getting a divorce in order to make the holidays more enjoyable and memorable for their kids.

According to Cathy Meyer, who founded DivorcedWomenOnline.com and is a certified divorce consultant stated, “Dissatisfied husbands and wives begin searching for information on divorce immediately after the holidays”. She has experienced a huge increase in page views and searches the day after Christmas. People start looking for information before the New Year … Read More... “Blast From The Past: New Year, New Divorce? Things to Consider First!”

Ignoring Parenting Time Orders Can Result in a Change in Custody!

Battle Between Parents in Steele Case Results in Custody Change in Favor of Father

The Steele case is the conclusion of a hasty custody battle between Charles Steele and Bobbi Malocu (fka Steele). When two parents get a divorce, the court will either have the parents agree on a custody plan or will order a custody plan to be followed. When the court ordered custody and visitation agreements are violated, it can be a revolving door of one parent complaining of the violation, the court ordering the compliance of the plan, and then the other parent failing to comply. The court would give continuous orders and admonishments for compliance, and nothing would change until there was a significant change in circumstance to warrant a custody modification.

The Steele case changed that precedent when the Court changing custody due to constant non-compliance of the court ordered custody agreement. Therefore, the Steele case is an example of what could happen when a custodial parent interferes with the non-custodial parent’s parenting time by ignoring court orders. This decision was rendered on October 15, 2021, by the Second Appellate District (Montgomery County, Ohio).

FACTS OF THE RECENT STEELE V. STEELE CASE:

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

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