Domestic Violence Within Military Families Probable Says Study

Recent Study Reveals That Combat Assignments Increase the Probability of Domestic Violence and Child Abuse By Military Members

domestic violence militaryA recent study published by The Review of Economics and Statistics concludes that combat assignments increase the probability of intimate partner domestic violence and child abuse by active-duty military members.  Resul Cesur of the University of Connecticut Finance Department and Joseph J. Sabia of San Diego State University Department of Economics, claim to have produced the first study to consider the effect of war service on domestic violence.  While they admit that several studies exist which explore the effect of war and Post-Traumatic Stress Disorder on violent crime in general, they assert that none exist which focus specifically domestic violence. To access the complete study click here.

In their research, the authors looked at the effect of assigning servicemen of identical rank and occupation to combat deployments vs. non-combat deployments. The results indicated that active-duty members who served in combat zones had an increased probability of subsequent domestic violence, as compared to those who were assigned to non-combat areas.  In addition, those who served in combat zones also showed a decrease in trust of their partner at home and … Read More... “Domestic Violence Within Military Families Probable Says Study”

Fathers: 5 Ways American Fatherhood is Changing

Pew Research Statistical Findings Show Fathers Taking Active Role In Home Life

fathers childrenKim Parker, Director of Social Trends Research at Pew Research Center, published a very interesting article on June 15, 2015, in their “Fact Tank” about the changing role of fatherhood in today’s society. Some of the statistical findings were surprising in my mind.

“Today, fathers who live with their children are taking a more active role  in caring for them and helping out around the house. And the ranks of stay-at-home fathers  and single fathers have grown significantly in recent decades. At the same time, more and more children are growing up without a father in the home ”, Parker said.

Here are 5 of the findings she made from reviewing the Pew Research Center reports:

  1. Fewer dads are their family’s sole breadwinner. Among married couples with children under age 18, dual-income households are now the dominant arrangement (60%). In 1960, only one-in-four of these households had two incomes; 70% had a father who worked and a mother who was at home with the kids.
  2. Roles of dads and moms are converging. In 1965, father’s time was heavily concentrated in their employment duties, while mothers
Read More... “Fathers: 5 Ways American Fatherhood is Changing”

Child Support and Visitation: Should One Be Dependent Upon The Other?

Should Child Support Payments And Visitation Rights Remain Independent Of Each Other In Ohio?

Recent New York Ruling Says Child Support And Visitation Are Linked And Dependent Upon One Another

child support visitation ohioAs a general rule, the payment of child support and visitation are two completely, separate issues in the eyes of the Court.  Visitation rights are granted where it is in the “best interest of the child” to have such in place.  They are not dependent upon the amount or payment of child support.  Likewise, child support is determined according to the Child Support Guidelines and has very little to do with visitation.  As a result, paying child support does not entitle a parent to visitation.  And, if a parent has court-ordered visitation, it cannot be withheld because they have failed to pay their child support.   However, in a recent case out of New York, the Appeals Court there held that support payments should have been suspended where the child was not required to abide by the ordered visitation schedule.

In its opinion, (click here to read) the Appellate Division, Second Department, found that Robert Coull had not seen his 13-year-old son in approximately 5 years due, in large … Read More... “Child Support and Visitation: Should One Be Dependent Upon The Other?”

Divorce: College Costs – A Ticking Time Bomb?

Parents Facing A Divorce Grapple With College Costs For Their Child

divorce college ohioOn September 5th, we posted a blog article about the necessity to be clear and precise in your divorce or dissolution documents if you chose to include a college expense provision.  Truthfully, since my two sons have already graduated from college, I have not paid close attention to these escalating costs.

I recently saw a very interesting article in the online version of the Dayton Daily News addressing the increasing cost of a college education throughout Ohio and particularly the increasing costs of the room and board portion.  That article also referred to a very interesting chart from the U.S. Department of Education (which I have a link to below) showing a breakdown of the present room, board and tuition costs at most Ohio college and universities.  Those costs are staggering! Nearly every college or university in Ohio saw an increase in room and board rates of nearly 30% between 2002 and 2015.

Having handled divorce cases for over 34 years, I see parents fighting over some petty and nominal costs yet agreeing to divide future college educational expenses with very little consideration.  Did you know that the total … Read More... “Divorce: College Costs – A Ticking Time Bomb?”

Kim Davis: Adherence to Moral Conscience or Violations of the Law?

Will The Law Protect Clerk Kim Davis and Her Refusal To Issue Marriage Licenses For Same-Sex Couples?

kim davis same-sex marriageNo doubt, in the last few weeks or so, you’ve encountered the name Kim Davis in conversation around the water cooler or dinner table.  It is also of little doubt that you’ve confronted staunch opinions regarding the Kentucky clerk of court who refused to issue marriage licenses to same-sex couples.

Various media outlets, as well as some individual social media enthusiasts, compare Kim Davis to Rosa Parks or Martin Luther King, Jr. – an outspoken activist of her time, doing what she believes is right to uphold her moral duty to God and her conscience.  Others, particularly those same-sex couples seeking a marriage license, find fault in Kim Davis’ failure to adhere to the oath of office she took when she secured her position as clerk of courts.

Still, this did not keep U.S. District Judge David Bunning from jailing Kim Davis and holding her in contempt of court after investigating her argument that her “conscience will not allow” her to comply with the Supreme Court’s recent ruling legalizing gay marriage.  Judge Bunning did attempt to give Kim Davis a break, explaining that … Read More... “Kim Davis: Adherence to Moral Conscience or Violations of the Law?”

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?”

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