Holiday Parenting Time Post-Decree Divorce

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holiday parenting time divorceMost intact families have established holiday traditions for their family. After a divorce, this may all change. The courts generally have established standard orders for parenting time that many people have adopted. Each varies county by county.  However, those orders can be modified by agreement. The standard order is basically a default arrangement utilized when parents have difficulty agreeing with one another.  It is NOT intended to be the ‘perfect” parenting order in all cases.

What Does A Holiday Parenting Time Standard Order Look Like In Montgomery County, Ohio Divorce Court?

Under the standard order in divorce court, holiday parenting time in Montgomery County, Ohio looks like this:

HOLIDAYS:

The non-residential parent shall have the children on the holidays in Column 1 in odd-numbered years and the holidays in Column 2 in the even-numbered years. The residential parent shall have the children on the holidays in Column 1 in even-numbered years and the holidays in Column 2 in odd-numbered years.

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Credit Score: Little Known Tip to Protect Your Credit After a Nasty Divorce – Request a Credit Reporting Freeze?

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credit score divorceSome divorce cases are really nasty and contentious. I have been handling divorce cases in Dayton, Ohio for almost 39 years and I have seen some doozies! Clients regularly ask how they can protect their FICO credit score after their divorce is over. There are some very good articles that I’ve linked to below about those suggestions. I want to focus on the option of requesting a credit reporting freeze especially if you were the primary breadwinner.

While we always include language in the Final Decree of Divorce that both parties are prohibited from incurring debt in the name of the other party, there is more that can be done. If the divorce has been unusually contentious and if you believe that your ex-spouse will ignore this court ordered prohibition and create new credit cards under your social security number, then placing the credit reporting freeze may make great sense.  By doing this you will prevent the credit reporting agencies from releasing your credit report without your consent. That means no one can get new credit in your name, including you, until you lift the freeze.

If … Read More... “Credit Score: Little Known Tip to Protect Your Credit After a Nasty Divorce – Request a Credit Reporting Freeze?”

An Ohio Landlord’s Primer to Evictions

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tenant eviction ohioShould 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 in Ohio.  With respect to this eviction area, there are certain basic rules that you must know.

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 or an LLC, the business entity cannot represent itself in court for an eviction.  In Ohio, a corporation or an LLC must be represented in court by an attorney in an eviction action.

Eviction Of A Tenant, Basic Rules In Ohio You Must Know!

Second, in Ohio, with respect to residential property, self-help is strictly prohibited.  If a tenant fails to pay his or her rent, you cannot just change the locks and retake possession of the property.  You … Read More... “An Ohio Landlord’s Primer to Evictions”

Shared Parenting: Kentucky Governor Signs New Law, Is Ohio Behind the Times?

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How Does The New Shared Parenting Law Signed In Kentucky Impact Ohio?

Shared Parenting law custody divorceKentucky took a step closer on April 12, 2017 to making shared parenting in instances of divorce the norm in the state.  House Bill 492, received unanimous support in both the House and Senate.  The new law was also supported by an overwhelming amount of research showing it is in a child’s best interest to have as close to equal time with both parents in instances of divorce, particularly early on in the process.

“Children are now more likely to see both parents regularly after a divorce, which is a huge win for the children of Kentucky considering research consistently shows shared parenting is in the best interest of children when their parents divorce,” said Matt Hale, Chair of National Parents Organization of Kentucky. “Plus, parents are no longer in the high-conflict winner win all and loser lose all situation”.

The new law amends KRS 403.280, allowing a court to adopt a prior parental temporary custody agreement as the court’s temporary custody order. However, the agreement must be mutually agreed upon while adequately … Read More... “Shared Parenting: Kentucky Governor Signs New Law, Is Ohio Behind the Times?”

Three Ways to Use Regret

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regretJessica regretted wasting her entire life. She had a horrible relationship with her two wonderful parents. She had done poorly in high school, and now had few skills to get a meaningful job. She had been in a myriad of poor relationships with guys, leaving her feeling used and worthless.

Regret is a powerful and potentially destructive emotion, particularly coming from a 17-year-old.

I tell kids that their emotions are messages. They are not good or bad, although they can leave us with feelings ranging from delight to depression. They are to be carefully considered and deciphered, but you need to be careful not to let negative feelings inhabit your soul.

Regret can be a particularly heartbreaking emotion. The challenge is to understand your feelings in such a way so as to empower you to act, rather than respond with despondency.

Many parents voice regrets when talking about their adult children. They wonder what they might have done differently to have avoided raising unhappy and disturbed young adults. Maybe they should have given their kids more attention, or maybe less attention. Perhaps they were too lenient, or … Read More... “Three Ways to Use Regret”

Gambling: The Consequences Of Financial Misconduct In A Divorce

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Overview on Ohio Divorce Law: Gambling as the Basis for Financial Misconduct and Unequal Division of Marital Assets Upon Divorce

Gambling financial misconduct divorceGambling exists in every state (even in Utah and Hawaii where it is illegal), but not everyone gambles the same.  If gambling gets out of control, it becomes a real medical condition. A “Gambling Disorder”, as the affliction is known, affects slightly more than 2 percent  of all U.S. adults. According to the Mayo Clinic, “Gambling can stimulate the brain’s reward system much like drugs such as alcohol can, leading to addiction”. Individually, male gambling addicts typically accumulate an average debt between $55,000 and $90,000.  Female gambling addicts average a $15,000 debt, by one estimate. But as one might expect, most gamblers do not have sufficient resources to pay back what they owe. As a result, gambling addicts develop a high tendency to, suffer from other health issues, lose their jobs, commit crimes, and strain their relationships and marriages. Research indicates that Ohio is tied for 4th of states with the highest percentage of adults with gambling disorders., not surprisingly, as a divorce lawyer, … Read More... “Gambling: The Consequences Of Financial Misconduct In A Divorce”

Estate Planning for Second Marriages

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The Need For Proper Estate Planning In Second Marriages

Researched and written by Tammy Chavez, third year law student at the University Of Dayton School Of Law, and a former law Extern for our Firm.

Estate planning Plays A Crucial Role For Second Marriages

estate planning second marriagesNowadays, second marriages are not uncommon. In fact, 40% of all new marriages involve remarriages. Regardless of the reason for remarriage, estate planning is more important than ever for second marriages. Estate planning plays a crucial role for second marriages, in ensuring a person’s assets are distributed according to his/her wishes.

In order to relieve some of the confusion surrounding estate planning with second marriages, I had the opportunity to discuss this confusing topic with Holzfaster, Cecil, McKnight & Mues’ very own specialist in Estate Planning, Trust and Probate Law, Mr. Joseph Balmer.

In interviewing Mr. Balmer, he stated “three things that I always want to look at are: (1) are we looking to take care of the spouse during her lifetime while also preserving assets for the children of a prior marriage? (2) How do we need to title … Read More... “Estate Planning for Second Marriages”

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