Robert L. Mues, Author at Ohio Family Law Blog

The Ohio Supreme Court Clarifies What a Divorce Court Must Find for a Party to be Found to Be Voluntarily Unemployed for Support Purposes

Practical Advice for Parents Post-Ohio Supreme Court Ayers v Ayers Child Support Decision

What Legal Professionals Need to Know About the Ohio Supreme Court Ayers v. Ayers Child Support Decision

On May 15, 2024, the Ohio Supreme Court Ayers v. Ayers child support decision reversed the judgment of the Sixth Circuit Court of Appeals and remanded the issue to the trial court. The issue on appeal in the Ohio Supreme Court Ayers v. Ayers child support decision was whether the Court must infer that the domestic-relations court made a proper determination of a parent’s voluntary unemployment when it was silent in its decision on that issue, but nonetheless imputed potential income to a parent for the computation of child support.

It is rare that the Supreme Court of Ohio decides cases pertaining to matters of divorce and child support, making the importance of this decision noteworthy in the realm of Ohio Family Law.

Prior Requirements of Ohio Appellate Districts:

There are 12 appellate districts in Ohio. These districts have historically varied as to whether they require domestic relations courts to expressly include a finding of voluntary unemployment to impute income to that person when calculating child support in a divorce. … Read More... “The Ohio Supreme Court Clarifies What a Divorce Court Must Find for a Party to be Found to Be Voluntarily Unemployed for Support Purposes”

Is it Time to Divorce my Divorce Lawyer?

Steps to Take When Facing Divorce Lawyer Problems

How Divorce Lawyer Problems Can Impact Your Case Outcome

No one wants to be in a position to get divorced. Marriage is meant for life, right? Unfortunately, that is not always the case. So, for whatever the reason, you determine that your marriage has irretrievably broken down. You start the lawyer selection process. You listen to friends, interview several divorce lawyers, exercise due diligence and finally make your decision. You then formally hire your divorce lawyer.

Now, in the midst of your divorce action, you are becoming concerned that perhaps you did not hire the “right” divorce lawyer. What should you do next? Let”s first discuss some “problems” which you might be encountering causing you to consider firing your lawyer.

COMMUNICATION ISSUES?

Historically, some lawyers are just bad at returning phone calls and communicating well with their clients. It is certainly reasonable to expect good communications with your divorce lawyer! Some lawyers are overloaded with clients or don”t have adequate support staff to help answer client questions and updating them on the status of their case. Others, frankly just don”t feel that client communications are all that important. I have sat on … Read More... “Is it Time to Divorce my Divorce Lawyer?”

Blast From The Past: May is Mental Health Month – How Divorce can Affect Mental Health?

PUBLISHER’S NOTE: May is Mental Health Month. I want to thank now former paralegal Kaylyn Hohn for writing this article. We all miss you!

Higher Conflict Divorces Lead To A Worse Decline In Mental Health Issues According To Study. Nearly 25% Of All Ohioans Impacted

For the last 70 years, the month of May has been observed as “Mental Health Month“, and according to the community-based non-profit, Mental Health America, nearly 25% of Ohioans have experienced mental health issues in the last few years.

“Mental Health Month provides an opportunity to increase awareness and understanding of mental illness, and to remind Ohioans that it’s OK not to be OK and it’s OK to ask for help,” said Aimee Shadwich, the RecoveryOhio Director in a press release by the state of Ohio on May 4th of this year.

“It is critical that access to timely and effective care is available to those who need it,” she continued.

Nationwide, about 1 in every 5 Americans will be diagnosed with a mental health condition in any given year, like depression, anxiety, bipolar disorder, post-traumatic stress disorder, etc. These conditions can affect one’s “emotional, psychological and social well-being” according … Read More... “Blast From The Past: May is Mental Health Month – How Divorce can Affect Mental Health?”

Gray Divorce – Legal Nuances for Seniors to Consider before Filing for Divorce

The financial implications for older couples, including the division of assets, health insurance issues, and disparities in post-divorce wealth.

For those of you who follow my blog, you know that I am a big fan of following and studying statistics. “Gray divorce ” is a term that applies to couples who divorce at an older age. “Gray divorces” are on the increase. I have posted about them previously from as far back as 2015.

Here are links to some of those prior Gray divorce blogs:

Key data on the rising rates of gray divorce, including insights from Susan Brown’s study.

While the divorce rate for younger couples is on the decline, since 1990 the divorce rate has doubled for couples over 55, and tripled for those over 65. Susan Brown, a sociology professor at Bowling Green State University and co-director of Bowling Green State University’s National Center for Family and Marriage, conducted an ongoing study of older couples getting divorced. She … Read More... “Gray Divorce – Legal Nuances for Seniors to Consider before Filing for Divorce”

Thinking About a Divorce? Perhaps Divorce Mediation Could be Helpful

Divorce Mediation for Child Custody and Parenting Plans

You and your spouse have unfortunately come to the conclusion that your marriage is no longer working for you, and it is time to end your union. Does this necessarily mean a divorce trial is the only means forward? No. Not at all. Divorce mediation can often be a successful method to assist parties to reach an amicable agreement.

Private or Court Mediation?

Private divorce mediators are available to be hired in Dayton and most areas of the Country. Your divorce lawyer can help you navigate the options. They typically charge $200 to $350 an hour for their services. Checking their background and divorce mediation experience is VERY important! The benefit of a divorce court mediator is that you do not have to pay him/her for their time.

All the divorce courts around Dayton have some form of divorce mediation available. Mediation is a form of alternative dispute resolution and can be very beneficial if both parties are willing to listen to the mediator and act with good faith.

How does Mediation Work?

In divorce mediation, the couple meets with a trained mediator to discuss and work through the issues of … Read More... “Thinking About a Divorce? Perhaps Divorce Mediation Could be Helpful”

Facing a Child Relocation Situation with Your Ex in Ohio?

Navigate Custody Changes: Child Relocation Laws in Ohio Explained

Understanding the Legal Landscape: In-Depth Exploration of Child Relocation Laws and Procedures in Ohio

Society is becoming more mobile all the time. In addition, many people are meeting others from out-of-state via online dating sites. Few cases are higher conflict than one in which a parent wants to move out of the state with the child or children. Your Final Decree of Divorce or Dissolution will have specific relocation language and procedures in it that must be carefully followed. Parents are NOT free to just pick up and move out of state with a child who is subject to a parenting order without certain steps having been taken.

STEPS NEEDED TO BE TAKEN:

If you or you Ex is contemplating a move out of state or far from your present home, be sure to do the following:

Read the specific relocation language in your Decree and Standard Order of Parenting Time that is attached. Courts and cases have very differing language as to those restrictions and triggers. Don’t rely on what a friend or co-worker to explain how it was handled in his or her divorce! THE DECREE LANGUAGE MATTERS!
Decrees

Guardian Ad Litem Basics in Ohio and Tips for Your Interview

PUBLISHER’S NOTE: A client of mine has an appointment next week to prepare her for her appointment with the Guardian Ad Litem in her divorce case. To prepare and organize my thoughts, I went back to the SEARCH tool at the top of the Ohio Family Law Blog to review our prior posts about this topic. I have posted 8 or so blogs about GAL’s in the past, but not one specifically about how to prepare and conduct yourself with the Guardian Ad Litem. So, here it is!

Mastering Your Approach: Strategies for Interacting Effectively with a Guardian Ad Litem

Navigating the best approach to take with a Guardian Ad Litem in a divorce, custody or parenting proceeding can be very confusing. The role of the GAL is extremely important to the outcome of your case. The purpose of this blog article is to help you avoid some of the common pitfalls.

THE BASICS ABOUT THE ROLE OF A GUARDIAN AD LITEM AND WHAT YOU SHOULD KNOW:

To save space for me to discuss my “tips” for your GAL interview, click here to read a prior blog from December of 2021 that provided the basic information you should know … Read More... “Guardian Ad Litem Basics in Ohio and Tips for Your Interview”

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