What Happens if the Parent Paying Child Support Dies Prior to the End of the Child Support Obligation?

child support obligation separation agreement spousal support

Child Support Obligation In Ohio If Ex-Spouse Dies

Secure Your Child Support Obligations Through Life Insurance? – The Pros And Cons To Consider

child support obligation separation agreement spousal supportImagine your ex-husband or ex-wife is ordered to pay $800 a month in child support for your one child, Amy, and Amy just turned ten years old at the beginning of the month. This would mean that your ex-partner would still owe approximately $76,800 more in child support [($800 per month x 12 months) x (approximately 8 more years until emancipation) = $76,800].

Now imagine the same scenario, but that your ex-partner just passed away yesterday.

In scenario one, you did not secure the child support obligation and Amy is no longer entitled to the $76,800 in child support that would have been to her benefit.

In scenario two, you and your ex-partner elected to secure the child support obligation  by naming you or Amy as the beneficiary of your ex’s life insurance policy. Now, you and Amy will receive the much needed $76,800 in order to provide financially for Amy.

As you can see, not securing a child support obligation can result in a hefty loss of money that may be needed in … Read More... “What Happens if the Parent Paying Child Support Dies Prior to the End of the Child Support Obligation?”

Do You Qualify for Pre-Need Burial Eligibility in a VA National Cemetery?

VA national cemetery pre-need burial eligibility program

Can You Be Buried in a VA National Cemetery? Pre-need Burial Eligibility Program Can Help Eliminate Unnecessary Stress and Delays at a Difficult Time For Military Families and Their Friends

VA national cemetery pre-need burial eligibility programAre you or a loved one considering burial in a VA national cemetery? We are blessed in Dayton to have our own VA National Cemetery. It was founded in 1867 and it includes over 116 acres and close to 50,000 graves.  The 30-foot Dayton Soldiers’ Monument towers over the cemetery as a tribute to 33 soldiers buried there who died in the War of 1812. There is a lot of history at that cemetery, and it is an interesting place to visit if you haven’t seen it.

The Department of Veterans Affairs (“VA”) has launched an application where eligible individuals can plan ahead for burial in a VA national cemetery  on a first in – first out basis. Individuals will be able to notify the VA of their preference for which cemetery they would prefer as well as receive burial benefits at no cost to their family in a VA national cemetery. However, the pre-need eligibility determination only applies to VA national cemeteries, not state or tribal Veterans … Read More... “Do You Qualify for Pre-Need Burial Eligibility in a VA National Cemetery?”

What To Do if You Think Your Spouse is Hiding or Wasting Marital Assets

financial misconduct divorce marital assets

Your Marital Assets Could Be In Jeopardy if Your Spouse is Engaging in Financial Wrongdoing During a Divorce Action. Can The Ohio Courts Step In?

financial misconduct divorce marital assetsThe time leading up to a divorce and the actual divorce process can be quite bumpy and unpleasant. Oftentimes, the unknowns of divorce will lead to irrational thinking and bad behavior by one or both of the spouses. While some bad behavior is simply frowned upon, other forms of misconduct are actually illegal. For instance, if your spouse is intentionally scheming to hide or waste your marital assets in an attempt to interfere with your right to an equitable distribution during the divorce, you may have a claim of financial misconduct.

What is the law in Ohio behind financial misconduct in a divorce action?

Under Ohio law, “if a spouse has engaged in financial misconduct , including, but not limited to, the dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of assets, the court may compensate the offended spouse with a distributive award or with a greater award of marital property.” O.R.C. § 3105.171(E)(4). A spouse has committed financial misconduct if he or she has engaged in some kind of wrongdoing and he or she … Read More... “What To Do if You Think Your Spouse is Hiding or Wasting Marital Assets”

Blast From The Past: An Experienced Family Law Attorney – PRICELESS!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on August 22, 2008. Securing an experienced divorce lawyer (that you are comfortable with) is EXTREMELY important! If after your first consultation your gut tells you that you still have questions, keep interviewing other potential lawyers. You will recognize the “right” one when you meet him/her!

Why You Should Hire an Experienced Family Law Attorney

divorce family law attorneyGordon Gibb recently wrote an excellent article for lawyersandsettlements.com about the importance of hiring an experienced divorce lawyer. He lasers in on the topic with his opening sentences. “If there ever was a more important role for lawyers and litigation professionals, it is in family law. Corporate law, environmental law, even real estate law has nuthin’ on the complexities and the drama that explodes from divorce petitions, custody battles-even who gets to keep the family dog”. 

He concludes with “Experts suggest that if your relationship looks as though it is coming apart and you’re considering divorce, the best couple of hundred bucks you’ll ever spend is by sitting down with a reputable family law firm for a consultation. In an hour, the family attorneys can give … Read More... “Blast From The Past: An Experienced Family Law Attorney – PRICELESS!”

Do Divorce Courts Monitor the Final Divorce Decree to be Sure All Terms Have Been Completed?

divorce estate planning insurance

divorce estate planning insurance

The short answer is “no”. I had a client call today wondering if the Court gave her Ex a few months longer to refinance the marital residence and pay her off because of the COVID-19 situation. I explained to her that the Court does not review Divorce Decrees after filing to monitor compliance. That responsibility falls on each party. So, the Court would have no idea if the refinance had occurred or not. I told her that is her task to nudge her Ex about the refinance or to rehire me to send him a letter and take the necessary legal steps to file a Contempt action to get the refinance completed or the house listed for sale.

The Court Support Enforcement Agency will do recordkeeping on child and spousal support paid through it. In certain cases, they will help bring Contempt actions against delinquent obligors. Generally, each party needs to create a checklist of “to-do” items still remaining upon receiving their copy of the Final Judgment and Decree of Divorce.

POSSIBLE POST DECREE CHECKLIST ITEMS

Here is a partial list of items that may still need to be done after the Court has divorced you:

  1. Transfer vehicles and
… Read More... “Do Divorce Courts Monitor the Final Divorce Decree to be Sure All Terms Have Been Completed?”

Using Zoom for Legal Consultations is Very Easy at Holzfaster, Cecil, McKnight & Mues

zoom meeting estate planning divorce

Setup A Zoom Meeting For Legal Consultations at Holzfaster, Cecil, McKnight & Mues

ANNOUNCEMENT: Holzfaster, Cecil, McKnight & Mues Offering Consultations Via Zoom. Setup A Zoom Meeting Today With One Of Our Attorneys

zoom meeting estate planning divorceThe pandemic has no doubt changed all our lives in many ways. With the quarantine orders and social distancing each of us have had to reconcile and adapt our lives. Avoiding unnecessary personal contact with others is important for many of us.

Nonetheless, our lives continue on despite the COVID-19 pandemic. The quarantine situation (and life over the last 5 months) has only made it more evident to people in “shaky” marriages the harsh realities of their relationship, and in many cases their need to terminate the marriage and obtain a divorce.

OBTAINING LEGAL ADVICE DURING THE PANDEMIC WITH ZOOM MEETING

DIVORCE HELP:

I have been handling divorce cases for over 40 years. I have seen lots of different divorce situations. I can tell you that life today is incredibly difficult and complicated. So many folks are out of work and struggling to maintain a family and their health. Even something that use to be straight forward, like sending kids to school, is now complicated with … Read More... “Using Zoom for Legal Consultations is Very Easy at Holzfaster, Cecil, McKnight & Mues”

What is a Divorce Retainer Fee Agreement and What is Its Purpose?

retainer fees divorce lawyers

Divorce Retainer Fee Agreement

Divorce Lawyers Require A Retainer Fee On Start Of Your Legal Representation

retainer fee divorce lawyersSo, unfortunately you find yourself meeting with a divorce lawyer to discuss terminating your marriage. The conference goes well and after careful consideration you decide to hire the lawyer.

HOW DO DIVORCE LAWYERS CHARGE?

When the subject of fees and the attorney’s hourly rate comes up, you will likely hear the request for a “retainer fee“. Most all divorce lawyers  will require a retainer fee  at the inception of accepting your legal representation. Some, on the other hand will instead request a fixed fee amount rather than one based upon the amount of time and services provided. Fixed fee divorce representation is rare these days, in part because it is impossible to really gauge the number of hours which will be required, contested issues, or the level of rancor between the parties. Contingent fee agreements in a divorce are not allowed in Ohio. Be careful to discuss and fully understand the type of fee with the lawyer at the start. More on that below…

WHAT IS A RETAINER FEE? WHAT TYPICALLY DO DIVORCE LAWYERS CHARGE?

A “retainer” is a fee … Read More... “What is a Divorce Retainer Fee Agreement and What is Its Purpose?”

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