College Expenses And Divorce

Child’s College Expenses Problematic Upon Divorce. Why it’s Important To Say What You Mean and Mean What You Say

college expenses divorceWith the importance of higher education becoming more apparent every day, it is not uncommon for divorcing couples to decide to provide for their children’s college expenses. In Ohio, like many other states, domestic relations courts cannot ordera parent to pay these costs because the duty of support generally ends once a child reaches the age of 18 (or in some situations at 19) .  Nevertheless, the parties can negotiate a division of the college expenses and incorporate it into a separation agreement.

Generally speaking, a separation agreement is a contract and is therefore, binding on the parties involved.  So, if you decide to agree to be on the hook for your children’s college expenses upon divorce, it is extremely important that the language within your agreement clearly expresses your intent.

In many cases, the children of these divorcing couples have yet to reach the age of 18.  Therefore, these provisions providing for college expenses are quite often a future occurrence not set to happen for years after the divorce is final.  This can obviously produce many problems.… Read More... “College Expenses And Divorce”

Regrets

Should We Try To Avoid Regret?

How Accepting Some Sense Of Regret Will Be A Part Of Every Decision We Will Make

regret divorceA few months ago when I read the novel The Invention of Wings by Sue Monk Kidd, I had no idea that it would include a sentiment that was so wise that I would be inspired to share it.  The main character in the book is struggling with a decision that will impact her for the rest of her life. “Choose the regret you can most live with” is the powerful advice she receives.

Those of you who have been in the office recently may have heard me quote this. In the often gut wrenching world of making tough decisions, this one simple line offers good counsel as often there is no easy, clear resolution.

As much as I valued this sentiment, I was having trouble writing about it in a way that seemed as if it would have meaning. I took a couple of shots from different angles and then moved it to the folder of unfinished blogs.

Then of course, the answer came.

Many of you know about my border collie who has been with me … Read More... “Regrets”

Social Media In Divorce – Prenuptial Agreement Provision

Avoid Post Divorce Disputes – Don’t Forget To Include Social Media Clause in Your Prenuptial Agreement!

social media divorce prenuptial agreementIn the past, we’ve written multiple articles relating to social media. I have linked to some of them at the end of this article.  Now, I would like to focus on an issue that may evolve during a marriage and can expand exponentially after a divorce; social media disputes between couples. This type of ugly dispute has led many in the legal world to conclude that some couples need a “social media clause” in their prenuptial agreement (s).

If you’re connected to the world via social media, you’ve seen this happen.  Let’s say a mid-30’s married couple has a nasty fallout ending in a divorce.  You’re friends with both of these individuals on Facebook, follow them on Twitter, and maybe follow them on Instagram as well.  After their divorce, things get even nastier.  Now, instead of fighting amongst themselves in private and attempting to resolve issues, they’re broadcasting these “differences” on Facebook, Twitter, or Instagram.  These problems can be about anything, even complaining about child splitting time, each other’s parenting skills, or even extending into alimony or child support.

In … Read More... “Social Media In Divorce – Prenuptial Agreement Provision”

Bankruptcy In Post-Divorce: Hire An Attorney Before You File!

An Interview with Mr. Cris Shale relative to his thoughts Post-Bankruptcy/Divorce

Valuable Advice For Others Facing The Same Bankruptcy Dilemma Post-Divorce

bankruptcy divorce creditSeveral years ago, I posted an article to the Ohio Family Law Blog about my son and one of my clients who had both elected to file a Bankruptcy proceeding following a divorce and following a marital residence being “upside down” with the total mortgage liability.  In layman’s terms, the value of the marital residence, as appraised, was way below the mortgage indebtedness associated with the home.  Cris, with a high child support obligation and other associated bills, could not afford to keep the mortgage current on his former marital residence.  So, he sought counsel and filed a Chapter 7 Bankruptcy.

Before meeting with Cris, I sent to him several questions to stimulate our Bankruptcy discussion:

  • Were there any negative outcomes or effects from taking the Bankruptcy?
  • Were there any positive outcomes or effects from taking the Bankruptcy?
  • What advice would you offer to others contemplating a Bankruptcy action?
  • If you had the same set of facts today, would you again take the Bankruptcy?
  • What steps have you taken to re-establish credit and improve your credit score?

Question 1: Read More... “Bankruptcy In Post-Divorce: Hire An Attorney Before You File!”

FOMO: Does it Impact Decisions to File for Divorce?

The Role FOMO (Fear of Missing Out) Plays Out In Daily and Family Life

FOMO divorceTechnology has created a glut of new words and expressions. It also has “repurposed” old words; a mouse is no longer just a rodent in my basement. A crash is not a vehicular accident, a chip is not just used for scooping up onion dip and a pad is not just a monthly required feminine product.

Electronic communication has also introduced us to a wave of new acronyms. LOL, ROFL, OMG, BRB were sprinkled through our e-mail and now are a standard in texting. Those initialisms (another new word I recently learned) have entered into our face to face conversations and are a part of our lexicon. Since I don’t Tweet, Snap, or Facebook, I admit I am lagging in current vocabulary updates.

Then an acquaintance confided she attends church weekly because she has FOMO. For those of you who are, like me, lagging in social media jargon, I will decode. FOMO refers to “Fear of Missing Out”. It is used most frequently by teenagers posting on social media in response to social events. For example, “I am going to Shania’s party even if I … Read More... “FOMO: Does it Impact Decisions to File for Divorce?”

Divorce on Your New Year’s Resolution List?

If a Divorce is on Your New Year’s Resolution List, Consider this First…

Seven Tips for Dealing with Family Issues During the Holidays from Texas Divorce Attorney Richard C. Price

divorce tips resolutionI was pondering a list of various topics for this blog article. I wanted to publish a strong blog article to start 2015. I started a couple and even finished one that wasn’t honestly that memorable. So I decided to hold that one in the “bank” for another less important time of the year. The start of any new year is an obvious time for reflection and to take an inventory of our blessings and shortcomings.

To start the year, I wanted to post an article encouraging people experiencing marital problems to take certain steps before going the divorce route.  I drilled into the extensive archive of blog articles written by my colleague and acclaimed Texas lawyer, Dick Price, for inspiration. Success! I found the article below which he has graciously granted permission for me to repost from his Divorce and Family Law in Tarrant County, Texas, blog at http://dick-price.blogspot.com/  It was originally posted on January 2, 2008. While initially geared towards divorced or separated families, his tips are equally … Read More... “Divorce on Your New Year’s Resolution List?”

Divorce Assets In Ohio – Survivorship Benefits For Spouse

What Happens in Ohio if a Divorcee Dies Before Transferring Property or Assets as Divorce Court Ordered?

How Assets are to be Divided After the Passing of a Spouse During the Divorce Decree

divorce assets ohioThe question was recently  posed to me as to what happens if, after a valid and enforceable Decree of Divorce, Dissolution or Legal Separation is filed, one of the spouses or ex-spouses dies before the division of assets can be fully completed.  Does the ex-spouse or spouse still retain an interest in an asset that has been released by the Court Order?  Two possible scenarios may arise, and each will be addressed separately.

Husband Passes First:

Let’s address the situation when the husband passes first.  What about those assets in which wife released or no longer had any interest, yet she remains either a beneficiary or a joint survivorship owner when husband dies?  By operation of law, you would think that those assets would pass to her regardless of the Court Decree, but a quick look to Ohio statutory law helps answer this question.  With respect to joint and survivorship real property, Ohio Revised Code specifically states that if a husband and wife own real estate  … Read More... “Divorce Assets In Ohio – Survivorship Benefits For Spouse”

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