Ohio Family Law Blog

TITLE FRAUD ALERT: FANS Program Will Protect Vulnerable Homeowners from Fraud

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Fraud Alert Notification System (FANS) Can Help Seniors And Homeowners Protect Themselves Against Fraudulent Scams

Unfortunately, it is not uncommon these days to see a news story on television or read an article in the newspaper or on the internet involving a senior person who has been scammed in one way or another. One common scam involves fraudulently obtaining ownership of the home of an elderly individual, by either getting him or her to sign a document that he or she doesn’t understand or by fraudulently forging his or her name on a deed. The wrongful owner then either tries to sell the property or borrows money against it by putting a mortgage on it, leaving the rightful owner with an expensive mess to try to sort out.

The Montgomery County Recorder’s Office has raised a defense against this type of title fraud by implementing FANS (Fraud Alert Notification System). FANS will allow the elderly, their family members and out of state owners to monitor activities on properties of interest. By enrolling with the recorder’s office, an individual will be notified anytime a property with … Read More... “TITLE FRAUD ALERT: FANS Program Will Protect Vulnerable Homeowners from Fraud”

Ohio Law Will Overhaul the Entire Child Support System!

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New Reform Package BIll Will Change The Way Child Support Orders Are Calculated

Before June 29th, 2018, the state of Ohio’s formula used to calculate child support orders has not been reconfigured or changed since 1992. This has led to a massive amount (roughly more than a million dollars a year) of child support going uncollected and families in strife over trying to care for their children. Ohio House Bill 366 is a reform package that will change the way child support orders are calculated and is has just been signed by Governor Kasich. You might also hear it called Senate Bill 125, however it is the same bill as House Bill 366 with only minor technical changes that were made by the Senate.

For over a year, state Sen. Bill Beagle, R-Tipp City, and state Rep. Theresa Gavarone, R-Bowling Green, worked on this legislation. Beagle said child support reform is a complicated, emotional issue that eluded a fix for 25 plus years. House Bill 366 tries to balance concerns about fairness, collection rates and the well being of children, he said. He acknowledged that some families … Read More... “Ohio Law Will Overhaul the Entire Child Support System!”

Blast From The Past: Shared Parenting Misconceptions in Ohio

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PUBLISHER’S COMMENT: “Confusion still continues about the distinctions between sole custody and shared parenting. An initial consultation typically includes a discussion of this topic if the couple has kids. While shared parenting makes sense in many cases, it sure doesn’t if there has been domestic violence or the parties can’t communicate effectively.”

Previously my colleague, Anne Shale, posted a very informative article laying out the legal distinctions between sole legal custody and shared parenting in Ohio. Here is the link to her article. Even though it was posted 3 years ago, the information is still correct. Nonetheless, I think it would be helpful to expand, clarify and shoot down several shared parenting myths.

Shared parenting requires an equal parenting time allocation.

Not true. The hallmark of shared parenting is that both mother and father stand on the same legal footing with respect to custody. Each are equal legal custodians of their child(ren). Customarily, there is a provision in the plan that specifies whether mother or father’s city of residence is designated for schooling purposes. But this designation does not carry with it any greater custodial rights. Under … Read More... “Blast From The Past: Shared Parenting Misconceptions in Ohio”

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”

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