Blast From The Past: October is Domestic Violence Awareness Month – How Can You Help?

Blast From The Past: October is Domestic Violence Awareness Month – How Can You Help?
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PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on October 14, 2017. October is Domestic Violence Awareness Month. We have listed links to resources and past blog articles to assist those in need during the 2020 Covid-19 pandemic. Let’s all do our part to help erase domestic violence everywhere in our world!

10 Tips to Have an Informed Conversation About Domestic Violence

domestic violence awareness month

October is domestic violence awareness month. Unfortunately, at one time or another we have all come across situations of domestic violence . As a divorce lawyer, I see examples of its tragic effects all the time. In Dayton we are very fortunate to have the Artemis House resource to assist victims of domestic violence!

In order to help spread ddomestic violence awareness about this terrible situation, I have posted below the “10 Tips to Have an Informed Conversation About Domestic Violence” published by the National Network to End Domestic Violence (NNEDV) https://nnedv.org/.  Also, at the end of this article, I have share links to some of the prior articles we have published on this topic on the … Read More... “Blast From The Past: October is Domestic Violence Awareness Month – How Can You Help?”

What Happens if the Parent Paying Child Support Dies Prior to the End of the Child Support Obligation?

What Happens if the Parent Paying Child Support Dies Prior to the End of the Child Support Obligation?
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Child Support Obligation In Ohio If Ex-Spouse Dies

Secure Your Child Support Obligations Through Life Insurance? – The Pros And Cons To Consider

child support obligation separation agreement spousal supportImagine your ex-husband or ex-wife is ordered to pay $800 a month in child support for your one child, Amy, and Amy just turned ten years old at the beginning of the month. This would mean that your ex-partner would still owe approximately $76,800 more in child support [($800 per month x 12 months) x (approximately 8 more years until emancipation) = $76,800].

Now imagine the same scenario, but that your ex-partner just passed away yesterday.

In scenario one, you did not secure the child support obligation and Amy is no longer entitled to the $76,800 in child support that would have been to her benefit.

In scenario two, you and your ex-partner elected to secure the child support obligation  by naming you or Amy as the beneficiary of your ex’s life insurance policy. Now, you and Amy will receive the much needed $76,800 in order to provide financially for Amy.

As you can see, not securing a child support obligation … Read More... “What Happens if the Parent Paying Child Support Dies Prior to the End of the Child Support Obligation?”

Do You Qualify for Pre-Need Burial Eligibility in a VA National Cemetery?

Do You Qualify for Pre-Need Burial Eligibility in a VA National Cemetery?
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Can You Be Buried in a VA National Cemetery? Pre-need Burial Eligibility Program Can Help Eliminate Unnecessary Stress and Delays at a Difficult Time For Military Families and Their Friends

VA national cemetery pre-need burial eligibility programAre you or a loved one considering burial in a VA national cemetery? We are blessed in Dayton to have our own VA National Cemetery. It was founded in 1867 and it includes over 116 acres and close to 50,000 graves.  The 30-foot Dayton Soldiers’ Monument towers over the cemetery as a tribute to 33 soldiers buried there who died in the War of 1812. There is a lot of history at that cemetery, and it is an interesting place to visit if you haven’t seen it.

The Department of Veterans Affairs (“VA”) has launched an application where eligible individuals can plan ahead for burial in a VA national cemetery  on a first in – first out basis. Individuals will be able to notify the VA of their preference for which cemetery they would prefer as well as receive burial benefits at no cost to their family in a VA national cemetery. However, the pre-need … Read More... “Do You Qualify for Pre-Need Burial Eligibility in a VA National Cemetery?”

What To Do if You Think Your Spouse is Hiding or Wasting Marital Assets

What To Do if You Think Your Spouse is Hiding or Wasting Marital Assets
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Your Marital Assets Could Be In Jeopardy if Your Spouse is Engaging in Financial Wrongdoing During a Divorce Action. Can The Ohio Courts Step In?

financial misconduct divorce marital assetsThe time leading up to a divorce and the actual divorce process can be quite bumpy and unpleasant. Oftentimes, the unknowns of divorce will lead to irrational thinking and bad behavior by one or both of the spouses. While some bad behavior is simply frowned upon, other forms of misconduct are actually illegal. For instance, if your spouse is intentionally scheming to hide or waste your marital assets in an attempt to interfere with your right to an equitable distribution during the divorce, you may have a claim of financial misconduct.

What is the law in Ohio behind financial misconduct in a divorce action?

Under Ohio law, “if a spouse has engaged in financial misconduct , including, but not limited to, the dissipation, destruction, concealment, nondisclosure, or fraudulent disposition of assets, the court may compensate the offended spouse with a distributive award or with a greater award of marital property.” O.R.C. § 3105.171(E)(4). A spouse has committed financial misconduct if he … Read More... “What To Do if You Think Your Spouse is Hiding or Wasting Marital Assets”

Blast From The Past: An Experienced Family Law Attorney – PRICELESS!

Blast From The Past: An Experienced Family Law Attorney – PRICELESS!
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PUBLISHER’S NOTE: This blog is as meaningful today as it was when we originally posted it on August 22, 2008. Securing an experienced divorce lawyer (that you are comfortable with) is EXTREMELY important! If after your first consultation your gut tells you that you still have questions, keep interviewing other potential lawyers. You will recognize the “right” one when you meet him/her!

Why You Should Hire an Experienced Family Law Attorney

divorce family law attorneyGordon Gibb recently wrote an excellent article for lawyersandsettlements.com about the importance of hiring an experienced divorce lawyer. He lasers in on the topic with his opening sentences. “If there ever was a more important role for lawyers and litigation professionals, it is in family law. Corporate law, environmental law, even real estate law has nuthin’ on the complexities and the drama that explodes from divorce petitions, custody battles-even who gets to keep the family dog”. 

He concludes with “Experts suggest that if your relationship looks as though it is coming apart and you’re considering divorce, the best couple of hundred bucks you’ll ever spend is by sitting down with a reputable family … Read More... “Blast From The Past: An Experienced Family Law Attorney – PRICELESS!”

Do Divorce Courts Monitor the Final Divorce Decree to be Sure All Terms Have Been Completed?

Do Divorce Courts Monitor the Final Divorce Decree to be Sure All Terms Have Been Completed?
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divorce estate planning insurance

The short answer is “no”. I had a client call today wondering if the Court gave her Ex a few months longer to refinance the marital residence and pay her off because of the COVID-19 situation. I explained to her that the Court does not review Divorce Decrees after filing to monitor compliance. That responsibility falls on each party. So, the Court would have no idea if the refinance had occurred or not. I told her that is her task to nudge her Ex about the refinance or to rehire me to send him a letter and take the necessary legal steps to file a Contempt action to get the refinance completed or the house listed for sale.

The Court Support Enforcement Agency will do recordkeeping on child and spousal support paid through it. In certain cases, they will help bring Contempt actions against delinquent obligors. Generally, each party needs to create a checklist of “to-do” items still remaining upon receiving their copy of the Final Judgment and Decree of Divorce.

POSSIBLE POST DECREE CHECKLIST ITEMS

Here is a partial list of items that may still … Read More... “Do Divorce Courts Monitor the Final Divorce Decree to be Sure All Terms Have Been Completed?”

Can I Complete My Ohio Estate Planning Documents Remotely During COVID-19?

Can I Complete My Ohio Estate Planning Documents Remotely During COVID-19?
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Ohio Wills Cannot Be Completed Through Remote Technology, But What About Other Ohio Estate Planning Documents?

ohio estate planning documents covid-19More individuals are focusing on estate planning during the pandemic, but people are also more concerned about venturing out during these unusual times.  A question that is coming up often is whether one can complete their Ohio estate planning documents remotely through Zoom or some other software.  The answer is yes and no.  Some ohio estate planning documents  only need to be notarized to be valid and remote notarization is now available here in Ohio.

A general durable power of attorney in Ohio only needs a notarization to be valid.  Ohio health care documents (livings will and durable power of attorney) need either two disinterested witness signatures or a notarization to be valid.  A document related to the transfer of real estate such as a deed or transfer on death affidavit needs to be notarized.  However there is a fair amount of a technological learning curve if one wants to try to get documents notarized remotely. There is also a separate charge involved for the service.

Last Will and Testament

… Read More... “Can I Complete My Ohio Estate Planning Documents Remotely During COVID-19?”
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