Ohio Family Law Blog

Prenuptial Agreements Trending with Millennials in Ohio

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Survey reveals increase in the number of millennials requesting prenuptial agreements in the last three years.

In a previous blog entry, Joseph Balmer discussed the need for antenuptial agreements as an effective, estate planning tool. In his article, he explained how the mention of the word “prenup” can send a newly-wed-to-be into a frenzy, as such agreements have historically carried a negative connotation and often served as a buzz kill for happily engaged couples.

However, the millennial generation, ages 18-35, seem to be shaking up this archaic way of thinking.

In a recent survey conducted by the American Academy of Matrimonial Lawyers, 51% of the 1600 attorneys surveyed reported an increase in the number of millennials requesting prenups in the last three years. The “prenuptial agreement” is no longer a dirty phrase used by those couples expecting to fail, but rather it has become part of the norm and is viewed as a smart and efficient way to plan for a couple’s future.

Whether it’s because millennials are older when marrying and therefore have more to protect, or because they themselves are often children of divorce… Read More... “Prenuptial Agreements Trending with Millennials in Ohio”

Divorce: 25 Details Often Overlooked in Negotiations…Plus 5 New Bonus Additions!

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PUBLISHERS NOTE: This article on divorce was originally posted on January 19, 2013. I have now added the last 5 items. The list keeps evolving with the advances in technology and social media platforms and the advent of the legalization of same sex marriage. Thanks!

Attorney Mark Chinn of Jacksonville, Mississippi, caught my attention with a divorce post to his family law blog about some items that are frequently forgotten in many divorce agreements. Mark is the author of three American Bar Association books about family law issues and is a frequent writer and lecturer in the field of family law.

The first eleven in the divorce list were Mark’s, the rest were some that I have added.

Garage door openers
Gate remote controls
Extra keys to car and house
Security codes
Hotel credit card and airline points
Utility and other deposits
Tax and insurance escrows
Car tag credits
Overdrafts on joint checking accounts
Dates to carry through insurance coverages
Attorney’s fees paid with joint funds
Real estate escrow account refunds
Important days not addressed in the Court’s Parenting Time Order
Season ticket rights
Country club membership

Technology on the Rise and Robot Divorce Lawyers

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We live in a world that is dominated by cutting-edge technology. By the time that the latest and greatest technology is released, manufacturers are already beginning their search to find the next best thing. Nowadays, the easier we can make it to accomplish things, the better. For many, this means making things more accessible online and limiting the amount of human interaction that a person must have: whether it be ordering a pizza online, scheduling and cancelling doctor’s appointments, or even ordering groceries to be picked up at your local Kroger. By completing these tasks on the internet, we are cutting out the middlemen: the receptionist that answers the phone, the employees who take phone orders, and the assistants that schedule appointments.

Machines have taken over jobs in assembly lines, production lines, and coal mines. Robots and machines are more cost efficient because employers don’t have to pay several employees to do a job that a single robot or machine can do on its own. They are also more efficient and can get jobs done in bulk, allowing them to complete a task much quicker than … Read More... “Technology on the Rise and Robot Divorce Lawyers”

For Mandated Child Abuse Reporters, Is “Concern” the Same as “Suspicion”?

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In the process of doing her monthly visit, a social work case manager notices another child in the foster home. The child is moaning softly and seems listless and groggy. There are no noticeable bruises, no bleeding, no obvious broken bones. The child is not a client of the case manager, nor even of the worker’s agency. When the case manager gets back to her office she casually mentions her concern regarding the child to her supervisor. Both are mandated reporters but neither calls the state child abuse hotline. A week later they find out that, tragically, the child died a few days after the case manager had made her visit. The cause of death was non-accidental blunt force trauma.

Months later a lawsuit is initiated by the estate of the deceased child. Among the named defendants are the social work case manager and her supervisor. The plaintiffs claim that, as mandated reporters, both were negligent in not contacting the state hotline. Had they done so the child would not have died.

In its publication, Mandatory Reporters of Child Abuse and Neglect (2016), the Child Welfare … Read More... “For Mandated Child Abuse Reporters, Is “Concern” the Same as “Suspicion”?”

LEGAL ALERT: New Tax Proposal Will Eliminate Spousal Support Deduction in 2018!

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SPOUSAL SUPPORT LEGAL ALERT

The Implications Of The New Tax Proposal On Your Divorce. Provision In New Tax Would Eliminate Spousal Support Deduction.

This could be a BIG deal in your divorce case! Are you planning on continuing your divorce case into next year? Are you perhaps in a position to complete it in 2017? The new tax proposal recently unveiled may make you think twice.

The Tax Cuts and Jobs Act contains a provision that would effectively eliminate the deduction that tax payers receive for making spousal support payments. Click here to read the full text of the proposed Act.

As the law currently reads (and has for around 75 years) , the person paying the support is allowed to deduct the amount, while the person being paid is required to claim it as income and thus, pay taxes.

When determining spousal support, courts take into account the fact that the paying spouse is able to deduct the amount of spousal support paid on his or her taxes. Should the new legislation pass as presently written, the payor spouse will lose their deduction, thereby raising … Read More... “LEGAL ALERT: New Tax Proposal Will Eliminate Spousal Support Deduction in 2018!”

Blast From The Past: I Want to Keep the House, But Should I?

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PUBLISHER’S UPDATE: Here is one of my favorites posts from back on March 29th, 2008! 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!

This is one of the questions I am asked all of the time. Of course, the correct answer is “It depends.” The home often accounts for a large percentage of the entire marital estate. Whether to retain the home after a divorce is often a very emotional issue, especially if there are children involved. It is natural that parents want to maintain as much stability for their kids as possible when going through a break up. One would assume that keeping the kids in the marital residence after the divorce is important. But interestingly, the psychological studies show that divorced children are not really affected by the retention of the marital home. The key factor is the stability of their parents, not what house they live in.

Is It Feasible To Pay The Mortgage, Taxes, And

Eviction: An Ohio Landlord’s Primer to Evictions

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Basic Eviction Rules In Ohio. A Primer For Landlords

PUBLISHERS NOTE: It seems like several of my recent divorce cases have ended with my client receiving rental property as part of the property settlement. Those individuals now finds themselves “learning how to become a landlord”. So, while not exactly in the usual scope of the Ohio Family Law Blog, this primer written by Attorney Joseph Balmer at Holzfaster, Cecil, McKnight & Mues seems quite worthwhile.

Should one get into the landlord-tenant business and stick with it long enough, one will probably, at some point, have to deal with evicting a tenant. With respect to this area, there are certain basic rules in Ohio that you must know.

3 Basic Eviction Rules In Ohio

First, most landlords know that it is good common sense for a landlord to set up as a corporation or a limited liability company and then transfer the rental property into the business entity. This is so that if there is ever an accident on the property or a dispute, the landlord’s personal assets are protected. However, if the landlord is a corporation … Read More... “Eviction: An Ohio Landlord’s Primer to Evictions”

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