Divorce Archives - Page 22 of 39 - Ohio Family Law Blog

Commissions and Ohio Child Support – A New Ohio Supreme Court Decision

Ohio Supreme Court Rules One-Time Commisions To Be Excluded In Gross Income Calculation Of Child Support

Under the new Supreme Court Decision, A.S. v. J.W., 2019-Ohio-2473, which was decided on June 25, 2019, commissions that are one time award are not to be included when calculating gross income for child support calculations.

When child support is calculated for a divorce settlement, the court bases the amount on the a number of things, including the gross income of each parent. Gross income, according to the statute (O.R.C. 3119.05(D)) includes the yearly average of pay, plus the average of any bonuses or overtime earned. The Court then can either average those totals from the past three years, or use the most recent year’s information.

The issue that the Court grappled with was to whether commissions are to be included in the calculation of ‘bonuses or overtime’ earned. In part of the statute, it is included in the list, and not included in another part of the statute. This leads to what us lawyer types call ‘confusion’.

To sort through the statute, the Supreme Court looked at the specific case before them. In this case, Mother had primary custody and sought a … Read More... “Commissions and Ohio Child Support – A New Ohio Supreme Court Decision”

Blast From The Past: Divorce, Summer Holidays for Those Newly Divorced

PUBLISHERS NOTE: Psychotherapist Donna F. Ferber penned this post about divorce back in 2015. It is still a good read about the struggles a newly divorced person experiences during the summer holidays. 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!

The Struggle Of Divorce During the Summer Holidays – How To Juggle The Roles And Responsibilities In Your Life

Memorial Day, Labor Day and 4th of July are holidays that celebrate different aspects of American culture. Memorial Day honors those who fought to defend our principles and ideals, Labor Day honors our work ethic, and 4th of July honors our fight for independence. We don’t consider them “big holidays.” They are, for most of us, times to be outdoors, watch some fireworks, and eat lots of good food. They also give us an extended weekend.

For a newly divorced person, however, these holidays can take on great significance. You, too, have been fighting for your principles, working hard, and struggling with your newfound independence. No three holidays in our calendar reflect your struggle as these three do. Since we do not … Read More... “Blast From The Past: Divorce, Summer Holidays for Those Newly Divorced”

Three Costly Mistakes to Avoid in Your Divorce!

Listening To Advice From Friends And Relatives Not Always Wise In Divorce. Choose The Right Divorce Lawyer For Your Case!

No one expected that they would later be involved in a divorce when they married. But unfortunately, not all marriages are “forever”. Clients facing a divorce generally want it to be fair, drama free, inexpensive and quick.

As a Dayton, Ohio, family law lawyer for 40 years, I have lots of experience helping people in all kinds of divorce situations from relatively simple cases to complex high conflict cases. Here are some tips based on the experience that I have gained.

What are the 3 Top Costly Mistakes to Avoid in a Divorce?

Choosing the right attorney
Ignoring the divorce complaint
Listening to advice from friends and relatives

Choosing the Right Attorney

Divorce law is an extremely complicated practice area. I can’t emphasize enough how important it is to find an experienced divorce lawyer that you have interviewed and to whom you can relate. Interview several. Take the time to get recommendations from family and friends who have gone through a divorce in your area. Read online reviews. Not all attorneys are the same. Avoid at all costs the “generalist” … Read More... “Three Costly Mistakes to Avoid in Your Divorce!”

Blast From The Past: Lingo You Might Not Know From the Divorce World

Blast from the past 13 years Ohio Family Law Blog

PUBLISHER’S UPDATE: This “Blast from the Past” was originally posted on the Ohio Family Law Blog on August 15, 2008. I have updated it to add 9 new terms. This glossary is not a substitute for talking with your divorce lawyer about any of these divorce terms and the implications with your case.

What’s A Deposition? Common Divorce Terms [And Their Definitions]

If you find yourself involved in a divorce, custody case or other family law litigation you may run across some unfamiliar divorce terms. Here are some common ones with a short basic definition:

AFFIDAVIT – Information provided under oath. Often times pertaining to current finances, debts and assets.
CORROBORATING WITNESS – In a non-contested divorce proceeding in Ohio, you will need to bring a corroborating witness for the final non-contested hearing. That witness will have a narrow role to briefly corroborate the facts surrounding the grounds for your divorce.
BAILIFF – The judge’s assistant who helps with the court docket and often oversees the decorum in the courtroom.
CONTEMPT – An action requesting the court to punish a person for violating a prior Court order.
CONTINUANCE – A delay or postponement of a scheduled court appearance.

Are Divorce Lawyers Just “Love Undertakers”? [A Rebuttal]

Divorce Lawyers Should Not Assist Clients With Mental Health Issues Says NYC Attorney

A well respected New York City divorce lawyer by the name of Val Kleyman recently sent out a newswire to divorce lawyers warning them “to be careful not to cross over into the role of personal therapist for clients. This is a common problem that does not get enough attention” Attorney Kleyman said. He added, “helping someone deal with their emotions, feelings and mental health is a very serious undertaking and must only be done by professionals who are trained and experienced doing this.”

While I agree with most of that, here is the point he made that hit me hard. “Divorce lawyers are the love undertakers. Unlike marriage counselors and therapists whose job it is to save relationships and help people heal, our job is to bury dead marriages quickly and efficiently before their toxicity spreads any further,” says Kleyman.

WOW, I have to disagree with Attorney Kleyman a bit on this one. This seems far too limited of a view of our role as a divorce lawyer in my opinion. I have been practicing family law and divorce work in Dayton, Ohio for 40 years. … Read More... “Are Divorce Lawyers Just “Love Undertakers”? [A Rebuttal]”

Blast From The Past: 10 Tips To Cut Your Attorney Fees

PUBLISHER’S UPDATE: Here is one of my favorites posts about attorney fees from back on August 8, 2009! 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!

Tips To Reduce Attorney Fees And Save On Divorce Costs

I would like to share some constructive fee-cutting suggestions for you to consider implementing after you have done your “due diligence” in selecting the right attorney for you and your issues. Many of the cases I have handled over the last 30 years are family law matters which are engagements typically based upon the number of hours spent in the representation. The amount of time to complete these cases varies based upon many factors, including the nature of the issues, contentiousness of the parties, and the cooperation level existing between both counsel.

Recently, I have been asked by several clients what they can do to help reduce their attorney fees. Certainly, this is an excellent question especially with money being so tight and all of us having to deal with our poor economy. Each attorney would … Read More... “Blast From The Past: 10 Tips To Cut Your Attorney Fees”

Blast From The Past: Divorce Lawyer: Should I Hire a Male or Female?

PUBLISHER’S UPDATE: Here is one of my favorite divorce lawyer posts from back on January 5, 2013! 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!

How Gender Of Your Attorney Will Have Very Little Impact On The Final Outcome Of Your Divorce

There are many factors to consider when selecting your divorce or custody lawyer. One of the common concerns is whether or not a divorce litigant will be better off having a male or female divorce lawyer representing him or her.

Some people think that if they want an “aggressive” divorce lawyer, they need a male; but if they want someone who is “compassionate,” they should hire a female divorce lawyer. Should the lawyer be a feisty “take no prisoners” divorce lawyer or does it make sense to have a “nice person” approach in the courtroom? I’ve heard some men say that they would prefer to have a woman represent them because an aggressive female attorney can soften the harshness of husband’s arguments against his wife. For example, a male … Read More... “Blast From The Past: Divorce Lawyer: Should I Hire a Male or Female?”

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