Paternity Issues: When A Child Is Born During A Separation

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What Is The Dilemma Posed When a Child Born During a Marriage is not “Issue” of the Marriage?

paternityFactual Scenario:

John and Jane Doe have a six-year marriage and no children.  They have come upon difficult times in their marriage.  They are encountering financial difficulties and are literally living from paycheck to paycheck.  John is drinking more than usual to cope with the financial difficulties of the family.  Both are worried about the security of their positions of employment.  They decide to separate to determine if their marriage can be salvaged or if they should terminate their marriage by divorce or dissolution.

Both parties begin to date other persons during their separation from one another.   Jane becomes pregnant with her “boyfriend’s” child.  The boyfriend, Jeff, feels as though he was trapped into an unwanted and unplanned pregnancy and breaks up with Jane.  Jane decides that she wants to try to reconcile with her husband, and they do reconcile and begin living together again as Husband and Wife.  Six months later, a child is born and is named Aiden Doe.  Because Aiden was born during the marriage of … Read More... “Paternity Issues: When A Child Is Born During A Separation”

Tax Planning: Year End Alert for 2012

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Financial Cliff Poses Several Strategies To Consider For End Of Year Tax Planning

tax planningThe end of the year is always a good time to speak with your financial advisor and discuss any potential last minute tax planning that may be appropriate before the new year begins.  This year is extremely unusual due to the tax cuts set to expire at the end of the year as well as federal programs that are to be cut.  Beginning next year, federal income tax rates are set to increase and the capital gains and dividend tax rates are also set to increase.  The federal estate/gift exemption is set to revert back from $5,000,000 to $1,000,000.  This “fiscal cliff”, as it has come to be known, is set to commence January 1st of 2013 unless Congress and the President reach an agreement before then.  If one assumes that it is unlikely that an agreement will be reached before the end of the year, there are a number of strategies to consider.

Tax Planning Considerations

It is unlikely that anyone’s income tax rates will go down in 2013 and very possible that … Read More... “Tax Planning: Year End Alert for 2012”

Divorce: What If You Don’t Really Want One?

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Advice On Contesting A Spouse That Has Chosen To Pursue A Divorce

divorceDick Price is a terrific lawyer!  He has practiced divorce and family law in the Fort Worth, Texas, area since 1976 and has been Board Certified as a Specialist in Family Law since 1984.  He also publishes one of the best family law blogs in the country. In addition to these accomplishments, we are both founding members of the International Academy of Attorneys for Divorce over 50 , established in 2010. He wrote an article that provides sage advice to individuals wondering about contesting or fighting a spouse that has chosen to pursue a divorce. Dick has generously agreed to allow us to repost it. Here it is.

Just like it takes two to tango, it takes two to have a marriage. If one person wants out of a marriage, the other one can’t really prevent a divorce. Both parties have to be committed to keep a marriage together.

It often happens that one spouse decides to seek a divorce before the other spouse is even aware of that possibility. People frequently think through … Read More... “Divorce: What If You Don’t Really Want One?”

Safe Havens Law In Ohio Protects Parents

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But Are Some Mothers And Fathers Still Subject To Criminal Prosecution Under The Safe Havens Law In Ohio?

safe havens lawEarly last month, there were a few news stories focusing on what is often referred to as Ohio’s Safe Havens law.  For instance, follow this link to a story about the law’s recent use in the Miami Valley.

The primary purpose of the statute is to allow mothers and fathers the opportunity to safely surrender a newborn baby to certain types of professionals with absolutely no questions asked. That’s right; parents of a newborn baby may simply drop-off their child with certain individuals, such as a hospital worker, without having to provide their name, the baby’s name, an address, or any other identifying information.  Safe havens laws (also known in some states as “Baby Moses laws”) are statutes in the United States that decriminalize the leaving of unharmed infants with statutorily designated private persons so that the child becomes a ward of the state.

The parents may decide, if they so choose, to provide a medical history for the child, but they are not required to utter a single … Read More... “Safe Havens Law In Ohio Protects Parents”

Thanksgiving Anxiety? Don’t Let Divorce Ruin Your Thanksgiving Day!

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Tips On How To Make Thanksgiving Day Work For You After Divorce

thanksgivingThanksgiving marks the official beginning of the holiday season. Although usually less fraught with anxiety than Christmas, if it is the first “big holiday” since your estrangement from your spouse, you may be dreading the day. It also may be your first holiday without your children.

Going through a divorce can give you the perfect “excuse” to break with tradition and forget your own way of celebrating. Spending the holiday at home by yourself watching videos and eating Chinese take-out (yes, they are open on Thanksgiving) may be just what you need to do!

Or, here is what Evelyn did; she prepared a complete Thanksgiving dinner for herself of her favorite foods. She set the table with linen and candles and put on music she liked. Then she enjoyed the day celebrating by herself.

Divorce gives you the opportunity to listen to what you want and what works for you. It can be a time of loss of traditions, but it also can signal liberation from those traditions, rituals, and obligations that no longer … Read More... “Thanksgiving Anxiety? Don’t Let Divorce Ruin Your Thanksgiving Day!”

Children Services In Dayton, Ohio: Haines Children’s Center

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Learning More About the Children Services Division
of the Department of Job And Family Services of Montgomery County, Ohio

child servicesOn Thursday, October 18, 2012, I had the opportunity to visit the Haines Children’s Center located at 3304 North Main Street, Dayton, Ohio, to meet with Ann Stevens, Public Information Coordinator of the Montgomery County Department of Job and Family Services, and Geraldine Pegues, Assistant Director of the Children Services Division. My mission was to learn more about the agency and the services it provides to the community so that I could complete a Family Blog Article for publication on the Ohio Family Law Blog.

The Haines Children’s Center, completed in 2001 and named in honor and memory of now-deceased Sheriff Gary Haines, is located on the grounds of the former Shawen Acres, the site of ten (10) cottages which was one of the first children’s homes in Ohio. The cottages, built in 1926/1927, are now being razed with plans to have some green space and park services available for the North Main Street Community. Ms. Stevens was quick to point out to me that the slate … Read More... “Children Services In Dayton, Ohio: Haines Children’s Center”

Divorce And Household Chores, Does It Also Divide The Family?

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A New Divorce Study Suggests that It Does!

divorceI confess that I am a bit of a junkie of surveys and studies. So I am always on the lookout for interesting ones that relate to family and/or divorce issues. Recently, I came across this Norwegian study that found the divorce rate among couples who shared housework equally with their husband was around 50 percent higher than among those where the wives did most of the housework.  I showed write-ups about it to my wife of 34 years, and she immediately scowled and dismissively said something like, “Yeah right.”  So at the risk of alienating my wife and also being politically incorrect, I decided to share the findings here.

In what many may conclude is a slap in the face of gender equality, the report found the divorce rate among couples who shared housework equally, was around 50 percent higher than among those where the woman did most of the housework.

“What we’ve seen is that sharing equal responsibility for work in the home doesn’t necessarily contribute to contentment,” said Thomas Hansen, co-author of the divorce study entitled, … Read More... “Divorce And Household Chores, Does It Also Divide The Family?”

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