College Expenses And Divorce

Child’s College Expenses Problematic Upon Divorce. Why it’s Important To Say What You Mean and Mean What You Say

college expenses divorceWith the importance of higher education becoming more apparent every day, it is not uncommon for divorcing couples to decide to provide for their children’s college expenses. In Ohio, like many other states, domestic relations courts cannot ordera parent to pay these costs because the duty of support generally ends once a child reaches the age of 18 (or in some situations at 19) .  Nevertheless, the parties can negotiate a division of the college expenses and incorporate it into a separation agreement.

Generally speaking, a separation agreement is a contract and is therefore, binding on the parties involved.  So, if you decide to agree to be on the hook for your children’s college expenses upon divorce, it is extremely important that the language within your agreement clearly expresses your intent.

In many cases, the children of these divorcing couples have yet to reach the age of 18.  Therefore, these provisions providing for college expenses are quite often a future occurrence not set to happen for years after the divorce is final.  This can obviously produce many problems.… Read More... “College Expenses And Divorce”

Same-Sex Marriages: Should Judges Decline To Perform Same-Sex Marriages?

Judicial Performance of Same-Sex Marriages: Personal Beliefs Must Take a Back-Seat to Impartiality

same-sex marriages ohioEarlier this summer, the Supreme Court held that an individual’s right to marry a person of his or her choice to be a fundamental right under the United States Constitution. This ruling, highly publicized and long-anticipated, sparked expansive debate regarding Same-Sex Marriages across the country as citizens struggled to adapt their personal and professional lives in accordance with the Court’s intent to equally expand the rights of marriage to same-sex couples. Not long after, small businesses engaged in the “wedding industry” – perhaps, most notably a bakery in Colorado – announced that due to personal beliefs, they would not extend their services to same-sex couples that wished to marry. Debate and litigation continues to develop as courts begin to unearth whether the personal beliefs of business owners to essentially engage in discrimination violate the Supreme Court’s holding.

While the media likely anticipated backlash from United States citizens historically entitled to their personal beliefs and motives concerning same-sex marriages, it might not have anticipated the extension of similar concerns all the way to the judicial branch. On August 7, 2015, the Supreme Court of Ohio issued an Read More... “Same-Sex Marriages: Should Judges Decline To Perform Same-Sex Marriages?”

Child Study: Fathers In-Kind Support For Child

Recent Child Support Study Shows That We May Be Overlooking the In-Kind Support Low-Income, Non-Custodial Fathers Actually Provide

child in-kind support fathersIn a recent article published in The Journal of Marriage and Family, a study of the child support provided by approximately 400 low-income, non-residential fathers suggests that “in-kind” support, that is, support in the form of something other than money, is not typically considered even though it constitutes about one quarter of the total support given. Click here to read the in-kind support study,

Most courts only acknowledge formal or informal support provided (i.e. money paid either directly or indirectly to the mother). The authors of this study argue that many of these low-income fathers provide gifts, food, everyday essentials and services, yet are still labeled “dead-beat dads” because their in-kind support goes unseen by the child support system. As a result, the authors argue that policymakers cannot cure the issues within the system until they have an accurate picture of the situation.

Therefore, the study set out to determine how much in-kind support is being given by these fathers and what their motivation behind giving it is.  In their research, the authors interviewed roughly 400 low-income fathers of different races from … Read More... “Child Study: Fathers In-Kind Support For Child”

Divorce In Another Place: A Quick And Painless Divorce

Looking to Divorce Somewhere Other Than Where You Live? Why You May Want to Reconsider

divorce destination ohioIn a previous article written on July 25, 2015, titled, “Divorce: DivorceHotel Provides Vacation And A Divorce“, I discussed the U.S.’s first “divorce hotel” in Saratoga Springs, NY which offers a weekend retreat where a couple can indulge in fine dining and relaxing spa treatments, all while their divorce is being finalized.

Headed by Netherlands-based company, DivorceHotel, the newest trend in separations is to offer a “destination divorce” where couples can vacation and end their marriage simultaneously.  While the idea may seem appealing at first glance, several factors should be carefully considered before you decide to pack your bags.

Getting a divorce in a place other than where you live is nothing new.  For years, people have been traveling outside of their home state to take advantage of “quickie divorce” policies in other locations. In the past, some couples headed to Nevada, while others went a bit further traveling to countries such as Mexico and the Dominican Republic to take advantage of the fast and inexpensive divorce options offered.  Quick and painless, for many the process seemed like a no-brainer.

However, today the … Read More... “Divorce In Another Place: A Quick And Painless Divorce”

Divorce: DivorceHotel Provides Vacation And A Divorce

DivorceHotel – A Relaxing Getaway to Get Away from Being Married! Hotel Resort Provides Quickie Divorce Package

divorce DivorceHotelIn September 2014, a luxurious resort in upstate New York became the first hotel in the United States in which you can check in married on Friday, and check out single on Sunday! The Gideon Putnam Hotel in Saratoga Springs has paired with Netherlands-based company, DivorceHotel, and is now officially catering to the needs of those looking for a vacation and a divorce all at the same time.

While this is a somewhat novel concept for the U.S., hotels across Europe have been providing hundreds of “quickie divorces” to couples since 2012.  DivorceHotel, seeks to offer a friendlier and more affordable separation process compared to the typical contentious and lengthy litigation proceedings that usually accompany a divorce.

The divorce package costs anywhere from $5000 to approximately $12000 and includes 2 separate rooms (however the couple can stay together if they so choose), an attorney for each spouse and a mediator who works with the couple at the hotel. Upon arrival, the spouses are greeted with a “welcome package” complete with information booklets, sparkling water, red wine and dark chocolates. The biggest … Read More... “Divorce: DivorceHotel Provides Vacation And A Divorce”

Child Support: Should Step-Parents Income Be Considered?

Ohio Law Says Step-Parent’s Income Cannot Be Considered When Determining The Amount Of Child Support Owed

child support incomeGenerally speaking, we as a society tend to be of the mindset that if you decide to have a child, then you should be the one to take care of it…period. In reality, however, the issue is not so cut and dry.  Different circumstances and factors come into play which, in the end, can alter who ultimately provides for a child.  Take, for example, adoption.  While the adoptive parent is not the natural, he or she ultimately chooses to become the child’s caregiver and supporter.  What should happen though, in a case where a person is not the biological parent and does not necessarily choose to be financially responsible for a child, as is often the case with step-parents?  When a person with children from a previous relationship remarries, should the new step-parent be on the hook for child support even when their new spouse is not the primary caregiver?

In Ohio, the answer is no.  According to Ohio Revised Code 3103.03(A), the statutory duty to pay child support is only imposed on biological or adoptive parents.  Therefore, when a couple with … Read More... “Child Support: Should Step-Parents Income Be Considered?”

Social Media In Divorce – Prenuptial Agreement Provision

Avoid Post Divorce Disputes – Don’t Forget To Include Social Media Clause in Your Prenuptial Agreement!

social media divorce prenuptial agreementIn the past, we’ve written multiple articles relating to social media. I have linked to some of them at the end of this article.  Now, I would like to focus on an issue that may evolve during a marriage and can expand exponentially after a divorce; social media disputes between couples. This type of ugly dispute has led many in the legal world to conclude that some couples need a “social media clause” in their prenuptial agreement (s).

If you’re connected to the world via social media, you’ve seen this happen.  Let’s say a mid-30’s married couple has a nasty fallout ending in a divorce.  You’re friends with both of these individuals on Facebook, follow them on Twitter, and maybe follow them on Instagram as well.  After their divorce, things get even nastier.  Now, instead of fighting amongst themselves in private and attempting to resolve issues, they’re broadcasting these “differences” on Facebook, Twitter, or Instagram.  These problems can be about anything, even complaining about child splitting time, each other’s parenting skills, or even extending into alimony or child support.

In … Read More... “Social Media In Divorce – Prenuptial Agreement Provision”

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