Robert L. Mues, Author at Ohio Family Law Blog

Blast From The Past: Gambling: The Consequences Of Financial Misconduct In A Divorce

Blast from the past 13 years Ohio Family Law Blog

Financial Misconduct in a Divorce, Is it a Gambling Addiction?

PUBLISHER’S NOTE: This blog about financial misconduct in a divorce case is as meaningful today as it was when we originally posted it on April 22, 2017. 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!

Overview on Ohio Divorce Law: Gambling as the Basis for Financial Misconduct and Unequal Division of Marital Assets Upon Divorce

Gambling exists in every state (even in Utah and Hawaii where it is illegal), but not everyone gambles the same. If gambling gets out of control, it becomes a real medical condition. A “Gambling Disorder”, as the affliction is known, affects slightly more than 2 percent of all U.S. adults. According to the Mayo Clinic, “Gambling can stimulate the brain’s reward system much like drugs such as alcohol can, leading to addiction”.

Individually, male gambling addicts typically accumulate an
average debt between $55,000 and $90,000. Female gambling addicts average a $15,000 debt, by one estimate. But as one might expect, most gamblers do not have sufficient resources to pay back what they owe.… Read More... “Blast From The Past: Gambling: The Consequences Of Financial Misconduct In A Divorce”

Having Trouble Co-Parenting? Consider Co-Parent Therapy or Counseling?

Consider Co-Parenting Counseling When Sharing Parenting Responsibilies Become Difficult With Your Former Spouse

Recently I posted an article on the blog discussing co-parenting and parallel parenting arrangements. Perhaps you and your ex have decided on a co-parenting arrangement. If you are finding it difficult to do so and the children are suffering from the conflicts between you and your ex, then it might be wise to seek co-parenting counseling.

When parents decide to share parenting time, there are an awful lot of things to consider and coordinate in order to make it a successful arrangement for all. The number one priority is, or should be, the kids. The two parties may find it difficult just being in the same room together, but it is imperative that they put aside the animosity they might feel for one another and focus on the children. When co-parenting there is much to consider. Kids need to do a lot of things such as go to school, attend extra-curricular activities, visit with friends, go on trips, etc. They need a lot of “things” too, such as school supplies, clothes, sports equipment, toys, nutritious food, doctor and dental care, etc., etc.

As a parent, … Read More... “Having Trouble Co-Parenting? Consider Co-Parent Therapy or Counseling?”

What is a First Right of Refusal Clause in a Child Custody Case?

Are Clauses Needed In A Child Custody Case? Weighing The Pros And Cons.

Parenting time is often one of the most important issues in a divorce or custody case. Crafting the agreement allocating parenting time can be difficult. It is impossible to anticipate all the schedule changes that daily life “curve balls” can cause, such as illness, emergencies, and changes in work schedules. One solution to that problem is to incorporate a “First Right of Refusal” into the shared parenting plan or seperation agreement.

WHAT IS A FIRST RIGHT OF REFUSAL CLAUSE?

Typically, this clause requires that one parent must first offer any time he/she can’t accommodate the child during their regular parenting time to the other parent. This “offer” must be made to the other parent BEFORE attempting to make any alternate plans for the child.

For instance, if the parties share the child week on and week off and have negotiated a typical first right of refusal clause, and let’s say that Dad can’t care for the child due to a family emergency for 5 hours, then he must offer the time to Mother rather than having a family member or care giver watch the child. This … Read More... “What is a First Right of Refusal Clause in a Child Custody Case?”

An Overview of Child Custody Proceedings in Ohio

Understanding the Intricacies of Ohio’s Custody Laws

Ohio law is gender neutral in custody determinations – meaning there is no preference towards the mother or father being granted custody. In divorce court, “shared parenting” between the mother and father is generally the preferred parenting arrangement instead of sole custody to one parent. If a parent is awarded sole custody, they have the decision-making rights over where a child will attend school and major legal or medical decisions on their behalf. However, that is not always the case and the “best interest” test is employed to determine the best interest of the child.

A court takes into consideration numerous factors such as: the mental and physical health of both parents, any history of domestic violence, child abuse or neglect, and parents’ commitment to facilitate and honor parenting time to name a few. In some cases, a judge will appoint guardian ad litem to assess the child’s best interests in order to act as the child’s voice in a custody case.

In the case of unmarried parents, the custody of the child is placed by law with the mother until court issues an order designating another person as the residential … Read More... “An Overview of Child Custody Proceedings in Ohio”

What Do You Do When Your Ex Drops 80,000+ Pennies for Child Support on Your Lawn? Her Response is Priceless!

Safe Harbor Shelter Sees Spike In Donations

Immature Demonstration By Ex Leads To Unintended Gift For Local Domestic Violence Shelter In Richmond, Virginia

Yes. This actually happened in Virginia on May 21, 2021. A man rents a trailer and dumps 80,000+ pennies on the sidewalk and front lawn of his Ex-wife in satisfaction of his last child support payment. The child, Avery Sanford, who just turned 18 hasn’t seen her father for years. It sounds like her Mother and Avery were smart. What kind of a jerk, let alone a Dad would do this? So, maybe he has his gripes about having to pay child support, but really? Such an immature demonstration to his daughter is totally unwarranted no matter his beef. How disrespectful to his daughter and his ex-wife!

So, what did Avery and her mother do? Well, after making a police report, they shoveled up and collected all the pennies and cashed them in. With the $800 in cash, they donated it ALL to the Safe Harbor Shelter located in Richmond, Virginia. The Safe Harbor Shelter (safeharborshelter.com) is a domestic violence shelter. They focus on assisting victims of domestic violence, sexual abuse and human … Read More... “What Do You Do When Your Ex Drops 80,000+ Pennies for Child Support on Your Lawn? Her Response is Priceless!”

How Much Child Tax Credit Should You Receive Starting July 15th?

IRS Announces American Rescue Plan Raises Child Tax Credit For 2021, Largest Ever

DID YOU GET A LETTER FROM THE IRS?

Oh my – a letter from the IRS! That has to be bad news, right? Perhaps an audit notice? Well, not in this situation! 36 million families will be receiving a letter from the IRS explaining the new child tax credit provisions for 2021 under the American Rescue Plan. It is predicted that 92% of households with kids will qualify for direct financial aid. For those with children, the American Rescue Plan increased the Child Tax Credit from $2,000 per child to $3,000 per child for children over the age of six and from $2,000 to $3,600 for children under the age of six, and raised the age limit from 16 to 17. All working families will get the full credit if they make up to $150,000 for a couple or $112,500 for a family with a single parent (also called Head of Household).

INFO DIRECT FROM THE IRS WEBSITE:

“Important changes to the Child Tax Credit will help many families get advance payments of the credit starting this summer. The IRS will pay half the … Read More... “How Much Child Tax Credit Should You Receive Starting July 15th?”

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