Parenting Time Suspension for Bad Behavior

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Parenting Time Suspension can occur when a parent’s bad behavior gets in the way of the child’s best interest.

Parenting Time in dayton ohio

“Children must be considered in a divorce, considered valuable pawns in the nasty legal and financial contest that is about to ensue.” – P.J. O’Rourke

The truthfulness of O’Rourke’s statement cannot be more evident. Children going through a divorce are often caught in the middle of two parents at war. They can be fighting about money, parenting time, adultery committed, or even about why the toilet seat was once again left up. Although this fighting in and of itself can be a traumatic time for a child caught in the middle, the worst of the fighting results when a parent uses his or her children to hurt the other parent.

In a case in Montgomery County, Ohio, recently affirmed by the Second District Court of Appeals, the Court decided that it was time to show parents that bad behavior can result in a suspension of parenting time.

Thomas Gisslen had his parenting time suspended when the Courts determined his behavior resulted in a traumatic experience for his children. … Read More... “Parenting Time Suspension for Bad Behavior”

Support Payments and The Support Enforcement Agency

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In Ohio, Do Support Payments Have To Be Made Through The Support Enforcement Agency?

support payments in ohioDo child support/spousal support payments have to be made through the Child Support Enforcement Agency (CSEA) or through the Ohio Child Support Payment Central (OCSPC)? This question is generally answered with a resounding “Yes”! There are many reasons for the involvement of the CSEA and the OCSPC.

What do the CSEA and OCSPC stand for? What role do they play in Support Payments?

Each county in the State of Ohio has its own Child Support Enforcement Agency (CSEA) charged with keeping accounts and payment histories for each child support/spousal support order involving children or ex-spouses residing in that particular county. The Ohio Child Support Payment Central is an agency located in Columbus, Ohio. It was created by the Ohio Department of Job and Family Services in response to Federal legislation mandating the implementation and operation by each state of a disbursement unit for collecting and disbursing child support and spousal support payments.

Why are these two agencies needed to provide oversight and collection of support payments?

Both agencies are vital and necessary … Read More... “Support Payments and The Support Enforcement Agency”

Grandparenting Styles: Taking the Quiz

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Grandparenting Styles: Impressions By a Dayton, Ohio, Divorce Lawyer

Grandparenting Styles in Dayton OhioIt was truly a memorable Christmas. In the past we have usually managed to get the “family” together in Dayton, Ohio. But this year I locked the door of my law office; and my wife and I flew to Dallas to be with our son, daughter-in-law and our first grandchild – Hannah. We were fortunate enough to have been able to travel from Dayton, Ohio, to Texas to be in the hospital when Hannah was born five (5) months or so ago, but we haven’t visited in person since.

I wish we lived closer. Dayton and Dallas are a long way apart. Being proud parents (and now grandparents) we are thankful for all the photos, videos and texts we have received showing Hannah’s growth, almost on a daily basis. Hannah’s Mom and Dad have great jobs and have established a wonderful life there together. They are very happy!

Being a divorce lawyer who likes to be totally prepared, as well as a compulsive researcher, I figured that I needed to update my parenting knowledge base since my two … Read More... “Grandparenting Styles: Taking the Quiz”

Postnuptial Agreements — Are they Valid in Ohio?

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PUBLISHER’S NOTE:

Finally Ohio has joined 48 other states and is now permitting postnuptial agreements to be executed and recognized. This is extremely significant news for married couples in Ohio! Click the following blog articles about this law change. Also, please see our new Postnuptial Agreements help page by clicking here.

Did not make a Prenuptial Agreement, Are Postnuptial Agreements allowed?

postnuptial agreements in ohioI am often asked whether a couple that never got around to executing an antenuptial (or prenuptial) agreement before they got married can execute a postnuptial agreement after the marriage ceremony. The answer varies greatly from state to state, and it is important to get an answer from an advisor familiar with the laws of the state in which the couple is residing.

Does Ohio Allow  Postnuptial AgreementS?

In Ohio, the answer is clearly “no”. This goes back to the concept in Ohio that a husband and wife have a duty to support each other. In furtherance of this notion, Ohio statutory law specifically … Read More... “Postnuptial Agreements — Are they Valid in Ohio?”

Parenting Advice: Staying Connected with Kids, Skype and Technology…

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Tips on how technology can be used as a tool for parents

skype kids tecnology in Dayton OhioFive-year-old Landon loves for his Aunt Michelle to read him bedtime stories. He snuggles in his bed with his special blanket and an extra pillow and gets all comfortable while he follows along with his favorite book. This bedtime routine occurs every few weeks, even though his aunt lives hundreds of miles away. Landon and his aunt are connected by a video conference call with a camera easily installed on any computer. He watches and listens to his aunt on a laptop computer as she reads to him.

Staying connected with family has always been extremely important to Michelle, a young professional with a busy travel schedule. When her nephew was a few years old, she purchased web cameras for family members at Christmas. Using a free video conference service (Skype.com) she began having regular contact with her nephew. He wasn’t very good at speaking on the phone, but he loved to show off his latest projects from preschool. “Technology is not a replacement for me,” said Michelle, “but it has allowed me to stay … Read More... “Parenting Advice: Staying Connected with Kids, Skype and Technology…”

Divorce and The Christmas Story

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Reconciling Divorce with the Holidays

How The Christmas Story relates to Divorce

divorce and the story of christmasMany of us associate the holidays with certain fond memories or warm feelings. It’s a time of year when many people make an extra effort to get together with family and friends. We often reconnect with relatives, spend extra time with our children, open presents, share great meals, sit around a fireplace, laugh, return gifts, watch football, nap, and hopefully get to see it snow.

Whether we attend church regularly or not, statistics show that the majority of us also make sure to attend a church service at Christmas time. During most Christmas services we sing hymns and carols, light candles, smile and say hello to lots of people we may not know, and we are reminded of the “reason for the season”…the birth of Christ, or The Christmas Story as we sometimes call it.

The Christmas Story.

When we hear those words, I am sure that many images quickly come to mind. First and foremost was the star of the show, baby Jesus himself. We are told that his mother wrapped him in “swaddling … Read More... “Divorce and The Christmas Story”

FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES

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My Spouse “Lied” on His/Her Financial Affidavit

Lies and Misrepresentations on the Financial Affidavit in Ohio Divorce Actions

Financial Affidavit in dayton ohioIn Ohio, when a divorce proceeding is initiated, the Plaintiff files his or her Complaint for Divorce along with his/her Financial Affidavit and other pleadings. The Financial Affidavit, a “sworn” statement made under oath disclosing the incomes, assets, liabilities of the parties and the monthly expenses of the Affiant. The Financial Affidavit, also called the Affidavit of Income and Expenses, is a very important pleading, as it provides the filing party the opportunity to request (1) temporary custody of the child or children, (2) temporary child support, and/or (3) temporary spousal support during the pendency of the proceeding. This Financial Affidavit is also the pleading that is relied upon by the Court in determining the amount of temporary support (child and/or spousal support). Accordingly, if the Plaintiff “lies” or “misrepresents” the incomes or earnings of either party, the resultant Temporary Order of Support may be improper and unduly burdensome to the Obligor (person ordered to pay support).

The first step to avoid a “bad” Temporary Order is to … Read More... “FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES”

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