Robert L. Mues, Author at Ohio Family Law Blog

HIPAA Authorization Form: How to Ensure You Can Help Your Adult College Kids in the Event of a Medical Emergency

Ohio HIPAA Authorization Form

Parents spend their entire lives worrying about, and trying to protect their children. When they are younger, we try to teach them the necessary skills they will need to become a successful adult, and above all, keep them safe.

In Ohio, once a person turns 18 years old, they are no longer considered a “child” in the eyes of the law, though, for a parent, they will always be considered such. Therefore, imagine the potential nightmare that could occur if your young, adult child were to be involved in an accident leaving them incapacitated, and the medical staff informs you that they cannot give you any information due to HIPPA regulations.

Download a sample Medical Information HIPAA Release Form For Your Adult Child To Complete

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that safeguards who can access an adult’s private health information. Under this, a covered entity cannot technically share an adult’s medical data with others unless specifically authorized by the patient to do so. Of course, like all things, there are exceptions to this rule.

According to 45 C.F.R. 164.510(b), a covered entity is allowed to … Read More... “HIPAA Authorization Form: How to Ensure You Can Help Your Adult College Kids in the Event of a Medical Emergency”

Prenuptial Agreements Trending with Millennials in Ohio

couple on park bench arms around each other

Survey reveals increase in the number of millennials requesting prenuptial agreements in the last three years.

In a previous blog entry, Joseph Balmer discussed the need for antenuptial agreements as an effective, estate planning tool. In his article, he explained how the mention of the word “prenup” can send a newly-wed-to-be into a frenzy, as such agreements have historically carried a negative connotation and often served as a buzz kill for happily engaged couples.

However, the millennial generation, ages 18-35, seem to be shaking up this archaic way of thinking.

In a recent survey conducted by the American Academy of Matrimonial Lawyers, 51% of the 1600 attorneys surveyed reported an increase in the number of millennials requesting prenups in the last three years. The “prenuptial agreement” is no longer a dirty phrase used by those couples expecting to fail, but rather it has become part of the norm and is viewed as a smart and efficient way to plan for a couple’s future.

Whether it’s because millennials are older when marrying and therefore have more to protect, or because they themselves are often children of divorce and are therefore predisposed to shielding their own interests, this new generation is … Read More... “Prenuptial Agreements Trending with Millennials in Ohio”

Divorce: 25 Details Often Overlooked in Negotiations…Plus 5 New Bonus Additions!

Blast from the past 13 years Ohio Family Law Blog

PUBLISHERS NOTE: This article on divorce was originally posted on January 19, 2013. I have now added the last 5 items. The list keeps evolving with the advances in technology and social media platforms and the advent of the legalization of same sex marriage. Thanks!

Attorney Mark Chinn of Jacksonville, Mississippi, caught my attention with a divorce post to his family law blog about some items that are frequently forgotten in many divorce agreements. Mark is the author of three American Bar Association books about family law issues and is a frequent writer and lecturer in the field of family law.

The first eleven in the divorce list were Mark’s, the rest were some that I have added.

Garage door openers
Gate remote controls
Extra keys to car and house
Security codes
Hotel credit card and airline points
Utility and other deposits
Tax and insurance escrows
Car tag credits
Overdrafts on joint checking accounts
Dates to carry through insurance coverages
Attorney’s fees paid with joint funds
Real estate escrow account refunds
Important days not addressed in the Court’s Parenting Time Order
Season ticket rights
Country club membership and club access
Storage unit details
Dividing and copying family photos
Copying documents,

Technology on the Rise and Robot Divorce Lawyers

circuit board layered on image of people

We live in a world that is dominated by cutting-edge technology. By the time that the latest and greatest technology is released, manufacturers are already beginning their search to find the next best thing. Nowadays, the easier we can make it to accomplish things, the better. For many, this means making things more accessible online and limiting the amount of human interaction that a person must have: whether it be ordering a pizza online, scheduling and cancelling doctor’s appointments, or even ordering groceries to be picked up at your local Kroger. By completing these tasks on the internet, we are cutting out the middlemen: the receptionist that answers the phone, the employees who take phone orders, and the assistants that schedule appointments.

Machines have taken over jobs in assembly lines, production lines, and coal mines. Robots and machines are more cost efficient because employers don’t have to pay several employees to do a job that a single robot or machine can do on its own. They are also more efficient and can get jobs done in bulk, allowing them to complete a task much quicker than a human employee.

What’s next…Robolawyers?

As technolgy continues to increase, and smartphones turn … Read More... “Technology on the Rise and Robot Divorce Lawyers”

LEGAL ALERT: New Tax Proposal Will Eliminate Spousal Support Deduction in 2018!

SPOUSAL SUPPORT LEGAL ALERT

The Implications Of The New Tax Proposal On Your Divorce. Provision In New Tax Would Eliminate Spousal Support Deduction.

This could be a BIG deal in your divorce case! Are you planning on continuing your divorce case into next year? Are you perhaps in a position to complete it in 2017? The new tax proposal recently unveiled may make you think twice.

The Tax Cuts and Jobs Act contains a provision that would effectively eliminate the deduction that tax payers receive for making spousal support payments. Click here to read the full text of the proposed Act.

As the law currently reads (and has for around 75 years) , the person paying the support is allowed to deduct the amount, while the person being paid is required to claim it as income and thus, pay taxes.

When determining spousal support, courts take into account the fact that the paying spouse is able to deduct the amount of spousal support paid on his or her taxes. Should the new legislation pass as presently written, the payor spouse will lose their deduction, thereby raising their tax burden which may reduce the amount of income available for spousal … Read More... “LEGAL ALERT: New Tax Proposal Will Eliminate Spousal Support Deduction in 2018!”

Blast From The Past: I Want to Keep the House, But Should I?

PUBLISHER’S UPDATE: Here is one of my favorites posts from back on March 29th, 2008! The advice rings as true now as it did then…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!

This is one of the questions I am asked all of the time. Of course, the correct answer is “It depends.” The home often accounts for a large percentage of the entire marital estate. Whether to retain the home after a divorce is often a very emotional issue, especially if there are children involved. It is natural that parents want to maintain as much stability for their kids as possible when going through a break up. One would assume that keeping the kids in the marital residence after the divorce is important. But interestingly, the psychological studies show that divorced children are not really affected by the retention of the marital home. The key factor is the stability of their parents, not what house they live in.

Is It Feasible To Pay The Mortgage, Taxes, And Utilities After Divorce?

It is important to realize that unlike spousal and child … Read More... “Blast From The Past: I Want to Keep the House, But Should I?”

The Correlation Between One’s Occupation & the Rate of Divorce

5 cocktails in front of man with arms crossed

Many Factors Contribute To High Divorce Rates Including Profession And Occupations

Although many people are choosing to marry later in life, divorce rates are still very high. There are many factors that contribute to divorce, including income, education, race, age, and profession/occupation.

By using data from the 2015 American Community Study, Dr. Nathan Yau, a statistician from UCLA, calculated the divorce rate of people from dozens of different occupations.

Which careers have the highest rate of divorce?

Dr. Yau’s findings concluded that occupations with the highest divorce rate are those that are centered on nightlife and those that require extensive travel (Gaudette, 2017). More specifically, Bartenders and Casino Workers were at the top of the list. Three factors could be to blame for the incredibly high rate of divorce for these two occupations: late nights surrounded by strangers and alcohol, a different every day schedule, and whether or not the bartender is bringing home a stable income.

We know that alcohol clouds a person’s judgment and impairs their ability to make good choices, so when a person is around alcohol night after night; it is more likely that they will make some questionable decisions.

While a bartender works late … Read More... “The Correlation Between One’s Occupation & the Rate of Divorce”

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