Robert L. Mues, Author at Ohio Family Law Blog

Ohio Alimony Revisited Under the New Tax Law

Existing Alimony Deduction Repealed Under New Tax Law

Under Ohio divorce decrees, alimony (spousal support) payments have been typically deductible to the payor and taxable to the recipient. The income tax treatment of these payments has been a significant factor in negotiating the amount of alimony. For new divorce cases not completed before January 1, 2019, these payments are now "neutral" per the new Tax Cuts and Jobs act. The existing alimony deduction has been repealed. This means that newly divorced individuals will not enjoy the benefits/burdens of alimony taxability (unless there was a executed separation agreement preserving such previous tax treatment signed prior to the end of last year).

A New Frontier For Operating Under The New Tax Law And Divorce In Ohio

What does this mean for individuals now in the process of divorcing or who get divorced after the Tax Cuts and Jobs Act in 2019? Essentially, we are now in the infancy of operating under the new tax law and divorce Courts are evaluating a fresh and starting to formulate new positions/practices. In Ohio, there is not a statutory guideline for setting alimony amount payments as there is for the payment of child support. Instead, … Read More... “Ohio Alimony Revisited Under the New Tax Law”

How Would an Ohio Court Deal with Alleged Adultery in a Bezos Type Divorce?

PUBLISHERS NOTE: Neither Jeff or MacKenzie Bezos live in Ohio. They live in Washington (where Amazon is headquartered). Nor, do we truly know all the facts of their highly publicized divorce. This article is hypothetical in nature assuming Jeff Bezos has committed adultery and an Ohio Divorce Court had jurisdiction.

Is Adultery Grounds For Divorce In OhIo?

In the aftermath of Jeff Bezos recently announcing that he and his wife MacKenzie will be divorcing, I was asked if the divorce was in Ohio, how his purported affair would affect his divorce. In addition, I am assuming that there is no prenuptial agreement in my answer.

In Ohio, Adultery is a Ground for Divorce.

Under Ohio Revised Code Section 3105.01 (c) adultery is a ground for divorce. It is one of 6 statutory grounds recognized for divorce plus there is also the no fault basis of incompatibility. If the grounds were contested in a trial, the wife would have the burden of proving the adultery. In the vast majority of Ohio divorce cases, grounds are not contested and the case proceeds based on incompatibility and both parties agreeing to terminate their marriage.

In Ohio, Does Adultery Affect the Amount of

LEGAL ALERT: Ohio Raises the Minimum Age to Marry to 18 in Most Cases

Ohio Bans Underage Marrriages Putting An End To Child Marriage

Ohio has banned underage marriage between underage boys and girls. In addition, for the first time the law treats both genders the same. Previously, the law in Ohio had permitted boys at age 18 but 16 for girls to marry.

On January 7, 2019, Gov. John Kasich signed into law a measure that protects Ohio children against underage marriage. This new law was initiated in part as a result of a Dayton Daily News investigation that found 4,443 girls age 17 or younger were married in Ohio between 2000 and 2015, including 59 who were 15 and younger. Ohio records showed that three girls age 14 were married, including one pregnant girl who married a 48-year-old man! Prior to this law change, pregnant girls under age16 could marry if they had parental consent and juvenile court approval.

80% Of Teen Marriages End In Divorce

On May 12, 2018, we published “Teen Marriages and the Push for Reform in Ohio” on the Ohio Family Law Blog. Click here to read it and more about teen marriages. Did you know that about 80% of these teen marriages end in … Read More... “LEGAL ALERT: Ohio Raises the Minimum Age to Marry to 18 in Most Cases”

Blast From The Past: Divorce: Dividing Property, Assets & Debts in Ohio

Blast from the past 13 years Ohio Family Law Blog

Property Division: Dividing Property, Assets & Debts in Ohio

PUBLISHER’S NOTE: I thought this basic primer was worth posting once again especially now that we are at the start of “divorce season”. Division of debts and assets in a divorce is not always a simple or cookie cutter process.”

Property Division in Ohio Can Be Complicated In Marriage Breakup – Hire A Experienced Divorce Lawyer Early

Depending upon the issues in a marriage breakup, dividing assets and debts is usually a preliminary topic of conversation. This can be a complex and lengthy discussion depending upon the nature of the assets, length of the marriage, and title of the property. The first aspect of analyzing how the court may divide property pertains to whether or not the property was acquired before or after the date of marriage. If the property is separate pre-marital property, that property would remain the property of the initial owner and would not be subject to division.

In Ohio, property acquired during the term of the marriage is generally divided “equitably”. While the courts in Ohio strive to create a fair property division, this may not always lead to a 50/50 equal distribution. But, … Read More... “Blast From The Past: Divorce: Dividing Property, Assets & Debts in Ohio”

Ohio Stalking and Sexually Oriented Civil Protection Orders

Protection Order A Must For Victims Of Stalking Or Domestic Violence

Have You Been Stalked And Require A Protection Order? How And Where To File Locally In The State Of Ohio

Statistics show that 8% of American women and 2% of American men will be stalked at some point in their lives. This means that 1.4 million Americans are stalked every year. And while some times the perpetrator is related to the victim, often times they are not.

A Civil Stalking or Sexually Oriented Offense Protection Order is very similar to a domestic violence civil protection order, however they seek to protect victims even if they are not a family or household member of the abuser. If a victim has been threated with physical harm or mental distress more than once and the incidents are closely related in time, then he or she may be entitled to a Stalking Civil Protection Order, and a victim of a sexual offense can seek a Sexually Oriented Offense Protection Order after the first threat according to Ohio Revised Code §2903.214.

In order to obtain either type of these protection orders, the victim must first file a petition for such in the general division … Read More... “Ohio Stalking and Sexually Oriented Civil Protection Orders”

DIVORCE ALERT: The Financial Risks of Signing an I-864 Affidavit of Support to Sponsor an Immigrant to be Admitted to the Country

Sponsored Immigrant Divorce Affidavit Alert

New Affidavit Form, I-864 Ensures That immigrants Who Are Admitted Into The U.S. Do Not Become Public Charges

Title II, Chapter 2, Act 212 and 213A of the Immigration and Nationality Act of 1952 provides that family-sponsored immigrants may not be admitted into the United States unless the person seeking the immigrant’s admission executes an Affidavit of Support, a.k.a. Form I-864, as codified in 8 U.S.C. 1182 and 1183a.

At its core, the I-864 is a legally, enforceable contract between the sponsor, and both the U.S. government and the sponsored immigrant. By signing the form, the sponsor is obligated to provide the sponsored immigrant with whatever support is necessary to maintain them at an annual income that is at least 125% of the federal poverty level. The Affidavit is intended to ensure that immigrants who are admitted into the U.S. do not become public charges. Click here to read more about this Affidavit and its implications from the U.S. Citizen and Immigration Services website.

Once an Affidavit is signed, the sponsor’s obligation can only end if one of five conditions occur: 1) the sponsor dies; 2) the sponsored immigrant dies; 3) … Read More... “DIVORCE ALERT: The Financial Risks of Signing an I-864 Affidavit of Support to Sponsor an Immigrant to be Admitted to the Country”

Selling Your Engagement Ring After Your Divorce?

Online Diamond Retailers Offers Quick Transaction For Your Engagement Ring Over Big-Name Jewelers And Pawn Shops

After you’ve gone through the heartache of getting a divorce, there’s one more headache perhaps to deal with: the engagement ring. It’s a once priceless item that is now an ugly reminder of what you’ve just endured. If you decide you can’t bear to hang on to the ring, there are some options out there for you.

There is always the option of the big-name retail jewelers (such as Kay or Jared’s), pawn shops, or auction houses, but these places rarely offer top dollar and will try and use their in-person sympathy to extract a lower price from you. Large auction houses generally won’t care about your ring unless it has a very large, rare, or colored diamond in it. Big-name jewelers are often limited by how much they can offer you, in an effort to keep their own overhead costs low. Pawn shops hardly ever have experts available, and will seriously undervalue your diamond in an effort to get you to a lower price. However, there is another option.

Online diamond retailers offer quick services, fair prices, and allow you the space … Read More... “Selling Your Engagement Ring After Your Divorce?”

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