Ohio Family Law Blog

Ohio’s 529 Educational Savings Plan – A Primer and Latest Updates

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The 529 plan Is An Excellent Estate Planning And College Planning Tool

A 529 plan allows a parent, grandparent, other family member, friend or any other person to establishment a savings account for the benefit of any other person of any age who plans to attend elementary, secondary school and/or college regardless of the donor’s income. The federal gift tax exclusion allows an individual to gift up to $15,000 per year ($30,000 per year for a married couple) with no gift tax consequences. A donor can also give up to 5 years of gifts in one year. However, if the donor dies during the 5 year period, the amount allocated to years after the decedent’s death will be included in the donor’s gross estate. The earnings in the account accumulate tax free and the withdrawals are federal income tax free as long as they are used at an eligible educational institute for qualified educational expenses.

These expenses include tuition, books, required school supplies, room and board and computers and related expenses such as internet and educational software. The account can be used for thousands of educational institutions … Read More... “Ohio’s 529 Educational Savings Plan – A Primer and Latest Updates”

Gay Marriage Alert: Masterpiece Cakeshop Court Case is Finally put to Rest…For Now

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PUBLISHERS NOTE: I want to thank Ashlyn Gallant, a third year law student at the University of Dayton School of Law, who researched and wrote this same-sex alert blog article. She is externing with us for the summer. Well done Ashlyn!

Supreme Court Rules In Favor Of Baker In Same-Sex Religious Freedom Case

It seems as though it was just yesterday that the news came out stating that a baker in Colorado refused to bake a cake for a same-sex couple’s wedding due to his religious beliefs against same-sex marriage. Outrage broke out on both sides of the spectrum. LGBT+ activists took to their platforms and religious freedom was put to the test. As of June 4, 2018, the case has been decided, but not for the reasons one would think.

The Supreme Court released their decision and as a result, some are in complete disbelief. The Court’s narrow holding allowed the Baker to walk away vindicated after six long years of turmoil. However, the true issue is one that will still remain undecided because while the Court decided the case for the Baker, they didn’t … Read More... “Gay Marriage Alert: Masterpiece Cakeshop Court Case is Finally put to Rest…For Now”

Important Steps to Take After Your Divorce Has Been Completed!

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Divorce Finalized? Financial And Legal Steps To Take Before You Can Start Your New Life!

Hooray! Your divorce has been finalized and although it is a time filled with mixed emotions, it is a relief to know that the bickering is over, the court proceedings are over, the paperwork is over, and keeping your attorney on speed dial is over. However, before you start adjusting to your single life, there are a few things, both financially and legally, that you need to pay attention to.

Number 1: Thoroughly Review Your Divorce Decree

Why, you might ask? Of course you know what you agreed to, however it is easy to forget the small details regarding what your obligations and responsibilities. Have all the mentioned provisions been completed? For example, was a deed to have been filed? Are there are deadlines, such as amounts due for child support or for alimony? You should mark your calendar and write down any deadlines to be sure you meet all your obligations timely. Mark down the deadlines for your ex and contact your attorney if they are not met.

Number 2: Update

Blast From The Past: The New Economics of Marriage: More Men Marrying Wealthier Women

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PUBLISHERS NOTE: “This post and my comments from 2010 were dead on! Society has seemingly accepted this household incomes reversal perhaps due more to gender equality acceptance. Not shocking, but women are no happier now paying alimony than men were back in the 1980’s.”

Modern Household Incomes: More Men Marrying Wealthier Women

In a recent analysis of census data, the Pew Research Center found that the institution of marriage has undergone significant changes in recent decades as women have outpaced men in education and earnings growth. The study examined American’s 30 to 44 years old, a stage of life when typical adults have completed their education, have gone to work and gotten married. “Men now are increasingly likely to marry wives with more education and income than they have, and the reverse is true for women,” said Paul Fucito, spokesman for the Pew Center. “In recent decades, with the rise of well-paid working wives, the economic gains of marriage have been a greater benefit for men.” Clearly, these unequal gains have been accompanied by gender role reversals in both the spousal characteristics and the economic benefits of … Read More... “Blast From The Past: The New Economics of Marriage: More Men Marrying Wealthier Women”

Divorced Parents Must Put Children First

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Is Shared Parenting Harmful To Children Of Divorced Parents?

Preschool children from divorced parents did better psychologically if they lived in shared parenting environments compared with kids living primarily with one parent, according to recently published research in Acta Paediatrica.

Experts reviewed the adjustment of 3,656 Swedish children living in two-parent families, joint custody environments, or with one parent after a divorce. Its traditionally been argued that young children (aged 3 to 5) need the stability and consistency of one home, but this research found that assumption to be false.

This study makes me very uneasy. I’m fearful that attorneys and others will use this research to justify shared parenting arrangements that are harmful to kids. Joint custody remains uncommon for some very good reasons.

People divorce for many factors, but there are typically significant issues with communication, problem-solving, and trust. Those are exactly the skills needed to make joint custody successful for kids. In some ways, shared parenting makes no sense. We’re asking parents who failed at the skills needed to maintain their marriage to use those skills in a very challenging parenting role.

Teen Marriages and the Push for Reform in Ohio

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80% Of Teen Marriages End In Divorce, Teenage Brides At Risk For Abuse And Life Of Poverty

Are Teen Marriages Doomed To Fail?

If you ask someone the percentage of marriages that end in divorce, it’s likely that they will tell you 50%. If this is true, and 1 in 2 unions will eventually end, then clearly couples that get married have an uphill battle to make it last. On top of the typical hurdles that a marriage will have to overcome, a couple that chooses to marry while teenagers face an even more daunting task.

Dayton Daily News Investigation

In a study conducted by College of William and Mary law school, 80% of teen marriages ended in divorce. Click here to read the study. In the face of such sobering statistics, Ohio has seen a recent push to change the age that teens are allowed to legally marry. Currently, the law requires that females be at least 16, while males must be 18 to marry without judicial consent. That being said, there are exceptions made for younger, pregnant teens, if they have parental consent … Read More... “Teen Marriages and the Push for Reform in Ohio”

Divorce: Study Finds That Being Promoted May Double a Wife’s Chances of Getting Divorced

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Divorce Rate Increases With Reassignment Of Responsibility According To Study

There are many reasons why a couple may file for divorce. According to a new study, marriages with “traditional” gender roles – meaning the woman’s job takes a backseat, and the man is the breadwinner of the house – tend to fall apart if the woman finds herself in a more successful career.

This study used 30 years of data from the Swedish register, which followed job seekers before and after promotions. They also used divorce rates among women who were elected to a public office, and those who lost, compared with that of elected men. Could it be that the wife’s promotion is more unexpected in a relationship that values the husband’s role? Maybe the wife’s promotion causes more stress in the relationship due reassignment of responsibility? Or possibly women chose to leave a relationship that doesn’t offer flexibility and support for her career development?

MARRIED WOMEN ARE TWICE AS LIKELY TO GET DIVORCED WITHIN 3 YEARS OF A SIGNIFICANT PROMOTION…

This study took place over the course of 30 years, with the average … Read More... “Divorce: Study Finds That Being Promoted May Double a Wife’s Chances of Getting Divorced”

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