LEGAL ALERT: Expanding the Ohio ‘Castle Doctrine’ – Ohio HB338 Signed into Law!

Ohio Castle Doctrine expansion

Championing Change: How HB338 Expands the Ohio Castle Doctrine to Protect Disabled Children

Gavel on a legal document symbolizing the Ohio Castle Doctrine expansion and HB338 legislation signed into law in 2024On October 26, 2024, I posted a legal alert blog here, regarding pending Ohio Senate legislation focused on the Ohio Castle Doctrine expansion. Click here to read it. On Thursday December 19, 2024, Governor Mike DeWine signed HB338 into law. I wanted to share this excellent news on this important family law development!

The new law allows a court to issue or modify a child support order for the care of a child who is a person with a disability as part of a divorce/dissolution, regardless of whether the child is over the age of 18 when the parents” divorced. It clarifies a split amongst the Ohio appellate districts about whether a court can order child support if the child is over 18 but has had a disability since they were a minor (and are not self-supporting). It’s an extension of the current Castle doctrine. It is important to note that the new law does not require a court to issue an order, it just allows them to consider whether such an order would be equitable and appropriate.

How the Ohio Castle Doctrine Expansion Impacts Child Support

… Read More... “LEGAL ALERT: Expanding the Ohio ‘Castle Doctrine’ – Ohio HB338 Signed into Law!”

LEGAL ALERT: New Proposed Ohio Law Would Allow Military Families to Choose Schools for Their Children

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What does the new Ohio Senate Bill 208 military school choice mean for Military families?

Impact of Ohio Senate Bill 208 Military School Choice on Military Families

Ohio Senate Bill 208 military school choiceReflecting on the recent Memorial Day holiday and thinking about how much our military families have sacrificed and continue to do so, I wanted to draw attention to Senate Bill 208 which was passed by the Ohio Senate on May 22, 2024. State Sen. Kristina Roegner, R-Hudson is credited with being the primary sponsor of the bill and says that it was brought to her attention as an issue of great importance by the Department of Defense.

“Military families are at a disadvantage when it comes to enrollment options available to their children, due to the timing of military directed moves,” said Shane Preston, Great Lakes Region Liaison for the U.S. Department of Defense, in written testimony. “Military families move frequently and change school systems upwards of 10 times prior to graduation.”

Key Provisions of the new proposed Ohio Senate Bill

Ohio Senate Bill 208 military school choice allows military personnel the opportunity to enroll their children in almost any Ohio public school regardless of the district they live in. Ohio law … Read More... “LEGAL ALERT: New Proposed Ohio Law Would Allow Military Families to Choose Schools for Their Children”

LEGAL DEVELOPMENT: OHIO’S SOCIAL MEDIA PARENTAL NOTIFICATION ACT HALTED

Ohio Social Media Parental Notification Act

Temporarary Restraining Order Halts Ohio Social Media Parental Notification Act. What Happens Now?

Ohio Social Media Parental Notification ActPer the blog post published on January 6th, 2024 the Ohio Social Media Parental Notification Act was supposed  to go into effect on January 15, 2024. However, on Tuesday, January 9th, a temporary restraining order was granted out of the United States District Court for the Southern District of Ohio.

The Ohio Social Media Parental Notification Act  requires parents of children under 16 to give consent for their child to use social media sites such as TikTok, Instagram, Snapchat, and Facebook. Additionally, the law would require social media sites to comply with this law or face civil penalties. To read more on the Act visit our blog post here

Issues with the Ohio Social Media Parental Notification Act arise from what a “social media operator” is actually defined to be. NetChoice, a tech trade association challenged the law stating that it violated free speech principles because there is no notice as to the specific sites that will be impacted by this law.

A violation of free speech?

The Chief United States District Judge Algenon L. Marbley wrote that NetChoice had legal standing and that, “if … Read More... “LEGAL DEVELOPMENT: OHIO’S SOCIAL MEDIA PARENTAL NOTIFICATION ACT HALTED”

LEGAL ALERT – New Ohio Law Designed to Help Protect Children Under Age 16 Requiring Parental Consent Before Kids Can Use Many Social Media Sites

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Social Media Parental Notification Act To Help Safeguard Children From The influence of Social Media Sites.

Social Media Parental Notification ActThe Ohio fiscal budget for 2023-24 that was signed into effect earlier this year by Governor Mike DeWine, has incorporated stricter laws to try and safeguard children from the influence of social media. The Ohio’s Social Media Parental Notification Act will go into effect on January 15, 2024.

According to the U.S. Surgeon General, 95% of young people ages 13-17, actively use social media. Governor DeWine and Lt. Gov. Jon Husted saw the growing need to try and enact legislation to help parents keep their children from harmful effects that social media might have.

The Ohio Social Media Parental Notification Act requires parents of children under 16 years old to give consent for their child to use social media sites such as Tik Tok, Instagram, Snapchat and Facebook. The consent form must be submitted in written form and signed electronically. Owners of social media platforms are held responsible for developing procedures that will verify if the user of their site is under age 16. Parental consent would be verified through different options, such as signing a digital form online, using online payment … Read More... “LEGAL ALERT – New Ohio Law Designed to Help Protect Children Under Age 16 Requiring Parental Consent Before Kids Can Use Many Social Media Sites”

Has Your Ohio Driver’s License Been Suspended in Montgomery County Because Of Missed Child Support Payments? If So, Read About This Special Reinstatement Program in August Only

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August brings special program for Child Support Awareness Month

PUBLISHER’S UPDATE NOTE:

August is “child support awareness month.” On August 6, 2022, we alerted our readers about this special limited-time opportunity. It appears that the only new updates from last year are that more people are taking advantage of it.

In 2021, 44 people took advantage of it and $12,000 was collected. In 2022, 119 people took advantage of the reinstatement opportunity, resulting in more than $32,139 being collected. This is noteworthy opportunity to take advantage of if your driving privileges have been suspended for non-payment of child support!

Special License Reinstatement Program to Run Through August

child support awareness monthParents in Montgomery County who have had their drivers privileges suspended for not paying child support can take advantage of a special reinstatement program that is being offered during the month of August. August is Child Support Awareness Month, and the Montgomery County Child Support Enforcement Agency is giving parents with suspended licenses an opportunity to have the suspension lifted if the parent pays one month of back support. Usually in order to get the suspension lifted, the parent has to pay 3 months.

During the pandemic, many parents had financial difficulties … Read More... “Has Your Ohio Driver’s License Been Suspended in Montgomery County Because Of Missed Child Support Payments? If So, Read About This Special Reinstatement Program in August Only”

ALERT: IRS Tax Changes for 2023 That Could Affect You Especially if You Use Venmo or PayPal

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PUBLISHER’S NOTE: After publishing this blog on December 17, 2022, the I.R.S. made a change as to the effective date for the “gig-tax” rule discussed. Please read the update here.

Highlights of the New Tax Law Changes for 2023

paypal estate taxWith 2023 fast approaching, it is time to look at changes to income tax rules and regulations for 2023 and how they may affect you.

As is usually the case, 2023 will bring annual inflation adjustments to many tax provisions. Some of the more notable ones are as follows: the standard deduction for married couples filing jointly rises to $27,700 from $25,900 and for single individuals, up to $13,850 from $12,950; the estate tax exclusion for decedent’s estates rises to $12,920,000 from $12,060,000; and the annual exclusion for gifts increases to $17,000 from $16,000 for 2022.

One of the more significant changes applies to those who earn income through payment apps such as Venmo and PayPal. Previously, payment apps were required to send 1099s to users if their gross income through the app exceeded $20,000 or they had at least 200 transactions within the calendar year.

Now the threshold for receiving 1099s from the app will be a user … Read More... “ALERT: IRS Tax Changes for 2023 That Could Affect You Especially if You Use Venmo or PayPal”

LEGAL ALERT: New Ohio Child Welfare Reforms

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Death of 10-year-old Takoda Collins Spurs Reform Of Existing Ohio Child Welfare Laws

Ohio Governor DeWine Signs Ohio House 4 Bill Into Law; New Law Intends to Protect Abused Children From Gaps In The Child Services System

takoda collins abuse montgomery county children servicesNew legislation aimed to reform existing child welfare laws in the state of Ohio was signed into law by Governor Mike DeWine at the end of February. These reforms intend to protect abused children from gaps that existed in the system that was designed to help them; gaps like the ones in Takoda Collins’s case.

“Takoda’s case is one that fell through the cracks and in Ohio we don’t want a tragedy like this to ever happen again,” said state Rep. Phil Plummer R-Butler Twp. to Dayton Daily News.

Takoda Collins was a 10-year old boy from Dayton, OH who died in 2019 after suffering extreme abuse from his father for years. His father, Al-Mutahan McLean, contacted authorities in December of 2019 when his son was unresponsive, and Takoda Collins later died at Dayton’s Children Hospital. An investigation into his death had revealed a long history of torture by his father, and Takoda Collins  had suffered both physical and emotional abuse.… Read More... “LEGAL ALERT: New Ohio Child Welfare Reforms”

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