Robert L. Mues, Author at Ohio Family Law Blog

Divorce: The Important Role Schools Can Play for Your Kids

School Can Be Safe Place For Children Going Through Divorce Or Separation

When a couple divorces, the children are obviously affected by the change in living circumstances. All children react differently. Some may experience severe emotional responses. Others may be somewhat relieved as there is not that constant tension between their parents. In all cases however, there will a period of adjustment. Your child’s emotional and social well-being are at stake and how they are able to cope can have an impact on their learning. Parents should not overlook their children’s teachers and how the school can help make the transition and adjustment easier. Often when going through a divorce parents are overwhelmed and stressed and providing the support for their children without any help can be difficult.

During a separation and a divorce it is good to maintain as normal of a routine at home, but no matter how hard you try to do that, it is just not the same as it was before. When your children go off to school, it is often conceived by them as their safe place. It offers a routine and a constant that isn’t changing. Be sure to be open with … Read More... “Divorce: The Important Role Schools Can Play for Your Kids”

New Child Support Guidelines in Ohio Take Effect on March 28, 2019

These Are The Changes To The New Law You Should Know About. But Does It Effect Child Support And Parenting Time?

On July 17, 2018, we first posted a LEGAL ALERT on the Ohio Family Law Blog about the passage of H.B. 366 which repealed the present Ohio child support schedule. Our current law has been in place for 25 years! Here is the link to that article.

The new law, which becomes effective on March 28, 2019, is quite complicated and a substantial change in many areas. Like many Ohio divorce lawyers, I am learning its implications and training staff with these changes. Our firm has installed the new specialized computer software needed to properly calculate child support. I have even compared a few scenarios with the schedules anyone can find online. I can tell you that those free schedules do NOT include certain adjustments that can dramatically affect the outcome.

If, after looking at the summary I have attached, you have questions I would strongly suggest that you contact an experienced family law attorney where your Order was issued to recalculate the support. This new law does not automatically change any existing support Orders whether they … Read More... “New Child Support Guidelines in Ohio Take Effect on March 28, 2019”

Gray Divorce Rates Continue to Rise!

Rate Of “Gray Divorce” More Than Doubled For Couples Age 50 And Over

When it comes to divorce, could gray be the new black? The divorce rate in the United States of couples age 50 and over has more than doubled. According to research conducted by I-Fen Lin and Susan Brown, in 1990 1 out of 10 people that went through a divorce was over 50 years or older. Presently 1 in 4 people who get divorced fall into the age bracket of 50 or over. The research showed that gray divorces aren’t just for older couples who have been married previously. In fact greater than half of gray divorces are with husbands and wives who have been married 20 years of more.

Tipper and Al Gore are a classic example of a gray marriage. Married for 40 years, and with 4 children, they had grown apart and decided to part ways. According to Tipper, there was no abuse or infidelity. Their marriage no longer brought them joy and they felt they were better apart. Like the Gores, today people are just not willing to put up with a loveless marriage and expect more of a sense of fulfillment … Read More... “Gray Divorce Rates Continue to Rise!”

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”

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