Robert L. Mues, Author at Ohio Family Law Blog

Potential Civil Liability for Unauthorized Access to Another’s Email Account

I am not an Internet or cyberlaw expert by any stretch of the imagination. But I am not alone in that regard according to an interesting Associated Press. story that Judges on the nation’s top court are handicapped by a lack of knowledge about the Internet when deciding related cases–Justice Stephen G. Breyer, a U.S. Supreme Court justice, admits. If you have a minute, click on the link in blue to read some pretty humorous exchanges from the Justices when discussing technology related issues.

Without trying to grapple with all the subtle nuances on this subject, I do think it is important to make people aware that there are potential legal ramifications for anyone who enters another’s email account without permission and prints or downloads stored emails. There are two portions of the Electronic Communications Privacy Act (ECPA): the Wiretap Act and the Stored Communications Act (SCA). Title I of the ECPA, the Wiretap Act, prohibits interception of communication in certain instances.

An important case, especially for family law practitioners to read, is Jennings v. Jennings, a South Carolina case decided in July, 2010. It involved a wife who learned that her husband was having an affair so … Read More... “Potential Civil Liability for Unauthorized Access to Another’s Email Account”

Non-Payment of Child Support May Result in Denial of a Passport

Most people don’t realize that if you have a child support arrearage of more than $2,500 that you are NOT eligible for either a renewal or the issuance of a U.S. passport. Also, be aware that there is no guarantee that even if your arrearage balance is below $2,500 that you will be allowed to obtain a passport because you are still in arrears. Many people who had intended to travel abroad have learned about this restriction the hard way and ended up having their plans aborted by a passport denial. Think about the implications if, for example, you were planning on getting married overseas and the passport request is denied.

To learn more, click here to go to the U.S. State Department’s Travel Abroad website to read about the mandatory process that must be undertaken before any passport application will be processed. You need to make arrangements to pay the State Support Enforcement Agency where child support is owed BEFORE you submit your application for a U.S. passport. Also, all questions about your child support arrears or the status of a payment should be directed to that appropriate State Support Enforcement Agency and not to the U.S. State Department … Read More... “Non-Payment of Child Support May Result in Denial of a Passport”

Take the “Gimme” out of Christmas!

I haven’t written an article about the holiday season for the Ohio Family Law Blog for a couple of years. At that time, I mentioned that this is certainly an appropriate time to reflect upon core values as well as memories of past Christmas celebrations and traditions.

In our family, we were very involved with a Christmas project providing gifts for needy children for many years while our sons were growing up. As a family, we spent countless hours working at the Center. We have tried to instill upon our family the importance of sharing and helping others. It is too easy this time of year to become consumed by all the shopping, decorating, numerous errands and superficial things. Focus can be lost on real matters of consequence, such as the meaning and importance of family. Regardless of one’s religious convictions, this is an excellent time to reflect upon our core values and aspire to do what we each can to make the lives of others around us better, even if it is in some small seemingly insignificant way.

This year we visited a local church hosting an Alternative Holiday Gift Giving event. This is a new concept for us. … Read More... “Take the “Gimme” out of Christmas!”

Should Parental Alienation be Classified as a Mental Disorder?

We have blogged in the past about parental alienation and “Parental Alienation Syndrome.” Currently, Parental Alienation Syndrome (PAS) is a hot topic among the family law and psychiatric communities. The American Psychiatric Association is in the process of updating its formal list of medical disorders and, therefore, has to decide whether to include PAS in its new list of confirmed mental health disorders.

According to Wikipedia, “Parental Alienation Syndrome (abbreviated as PAS) is a term coined by Richard A. Gardner in the early 1980s to refer to what he describes as a disorder in which a child, on an ongoing basis, belittles and insults one parent without justification, due to a combination of factors, including indoctrination by the other parent (almost exclusively as part of a child custody dispute) and the child’s own attempts to denigrate the target parent”.

I suspect virtually all Family Law attorneys will tell you that, unfortunately, purposeful parental alienation is all too common in hotly contested custody actions. So, while there appears to be little debate on its existence, there is a bitter debate as to whether it represents a mental illness. On top of that, there is concern that certain opposition to visiting with … Read More... “Should Parental Alienation be Classified as a Mental Disorder?”

Sexually Transmitted Diseases and Alimony Proceedings

Question Presented: Is it likely that one spouse would be granted an award of spousal support in a divorce for having been infected with a sexually transmitted disease (STD) by the other spouse?

Most states have spousal support/alimony statutes which list factors for the Court to consider when awarding spousal support. Many of these statutes, such as Ohio’s statute, include in the list “any other factor that the court expressly finds to be relevant and equitable” or something similar to this. Using this factor, courts do have the authority to consider the contraction of an STD between spouses when awarding spousal support. In many cases in which one party to a marriage contracts an STD, it is the result of an extramarital affair. The other party is then infected with the STD through continued sexual relations between the spouses. Obviously, there may be significant proof problems associated with establishing the origin of the STD.

Ohio, as well as most states, will also consider the health (physical, emotional, and psychological) of the parties when awarding spousal support. This is another factor which may lead to a party who contracted an STD from his/her spouse being awarded spousal support. People with STDs … Read More... “Sexually Transmitted Diseases and Alimony Proceedings”

When Your Ex Opts Out -Talking to Your Children When Your Former Spouse Decides to Not Parent

Consistently, one of my favorite blogs is Michael Mastracci’s Divorce Without Dishonor Blog. Mike is an excellent attorney from Baltimore, Maryland. His own difficult and acrimonious divorce and child custody battle led to his personal interest in collaborative family law. Both attorneys and clients should include his blog on their frequent read list. Mike regularly espouses ethical, moral and philosophical standards that we should aspire to meet. I have personally and professionally been a proponent of child welfare issues for over 30 years. So, when I read his recent post about “When Your Ex Opts Out – Talking to Your Children When Your Former Parent Decides to Not Parent”, I had to ask Mike if I could have his permission to republish it. He kindly agreed. Here it is:

Although most divorcing couples deeply desire a relationship with their children after the marriage dissolves, there are exceptions to this rule. Sometimes, one of the newly divorced parents feels that their life would be easier or freer if not encumbered by their children. They drop out of the picture for an unpredictable period of time, sometimes weeks or even years. The custodial parent is left to explain their actions to

The “Un-Advisability” of an “Un-Divorce” Arrangement

Psychotherapist and Guest Contributor Donna F. Ferber sent me an email a month or so ago encouraging me to read Suzi Parker’s article about famous couples who chose, rather than going through a divorce, to simply live separate lives. Click here to read Ms. Parker’s article about a trend some people call an “un-divorce.”

We both agreed to attempt to fairly evaluate the “pros and cons” of this option: she from a psychological perspective and me from a legal perspective. Initially, Donna was much more open to the possible merits of this arrangement than I was. She made it clear that she was most interested in hopefully reaching and empowering people who are in unhappy marriages and who feel trapped by fear, ignorance, and the lack of financial and emotional resources. Donna and I continued to exchange numerous emails over the last six weeks about this “un-divorce” arrangement, discussing the relative merits of couples remaining married but living separate lives. By reading the title of this article, I suspect you can tell that I am not impressed with the overall wisdom of such a relationship. While it is certainly possible to construct various hypothetical situations when an “un-divorce” arrangement might … Read More... “The “Un-Advisability” of an “Un-Divorce” Arrangement”

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