Social Security ALERT: No More Annual Earnings Statements

Social Security Annual Earning Statements Eliminated

social security alert annual earnings statementsIf you look forward to receiving your social security yearly earnings statements in the mail and you had a birthday last summer, you may have wondered why you did not receive your statement.  Effective April 1st of 2011, in a cost cutting move, the Social Security Administration ceased mailing the yearly statements.  The elimination of the
statements, mailed to 150 million people a year, will save $70 million a year.  However, this savings also comes with a cost.

What are the costs with eliminating annual social security earning statements?

These annual earnings statements are an invaluable tool that helps millions of Americans plan for their retirement. These four-page statements, which had been sent to all Americans over age 25,  provide a detailed record of each individual’s earnings record, an estimate of their expected retirement benefit, the approximate amount they will receive each month if the worker becomes disabled, and how much a worker’s family will receive if the worker dies in the coming year. They also allow workers to check for any errors in their recorded earnings and taxes paid.  Finally, it was a tangible document that gave people confidence in the social security … Read More... “Social Security ALERT: No More Annual Earnings Statements”

FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES

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 make sure that your Financial Affidavit is through and accurate. On October 9, … Read More... “FINANCIAL AFFIDAVIT – WHEN YOUR SPOUSE LIES”

Cohabitation: The Greatest Threat to Your Children’s Future

cohabitation_greatest_threat _childrens_future.jpgThink about this statement: “The rise of cohabitating households with children (where parents aren’t married, just living together) is the largest unrecognized threat to the quality and stability of children’s lives in today’s families.”  That’s pretty strong stuff, but it’s exactly what a new research study concludes.  While divorce has been the leading cause of the breakdown of the family and marriage for the last 40 years, the study shows that divorce is no longer the leading cause.  The study shows that cohabitation is now the greatest threat to the welfare of children in the United States!

The August 2011 study was sponsored by the Center on Children and Families at Brookings and is entitled “The Marginalization of Marriage in Middle America”. It was written jointly by two family scholars, one a conservative (W. Bradford Wilcox, director of the National Marriage Project) and one a liberal (Andrew J. Cherlin, professor at John Hopkins University).

The study found the following: in affluent neighborhoods where many college-educated Americans live, marriage is alive and well and divorce has declined to levels not seen since the “divorce revolution” of the 1960’s.  In contrast, marriage and family stability have both been in decline in the … Read More... “Cohabitation: The Greatest Threat to Your Children’s Future”

Who Gets to Keep the Engagement Ring?

who_gets_engagement_ring.jpgThe topic of this Family Blog Article focuses upon what happens to the engagement ring in the event of a “broken engagement”.  Most of the cases which are cited below provide the following information to the reader:  An engagement ring is a conditional gift given in contemplation of marriage; and, therefore, an engagement ring is not an absolute gift.

I will provide to the reader a synopsis of several cases in Ohio.  In all scenarios below, the Donor is the male person gifting the engagement ring and the Donee is the female person receiving the engagement ring.

Scenario #1:

Facts:  In August 1980, while still in college, Donor gave a diamond engagement ring to Donee.  Both parties then returned to their respective colleges.  The Donor was attending college in Canada and the Donee was attending college in Athens, Ohio.  In May 1981, the Donor returned to Ohio and demanded the return of the engagement ring.  The Donee refused to return the ring.  Donor then filed a Complaint against the Donee for the return of the engagement ring, or in the alternative, damages in the amount of $2,000.

The case cited the general principle of law:  The donor of an … Read More... “Who Gets to Keep the Engagement Ring?”

Extremely Obese Children…Should Their Parents Lose Custody?

obese_children.jpgWhen parents neglect or fail to provide even basic food, shelter, or medical care for their children, we would all agree that Children’s Services needs to step in and remove a child from their parent’s control.  If a child’s immediate safety and well being are at risk, we would argue that such a situation must not be allowed to continue.

But what about parents who allow their children to become extremely obese over time…obese to the point that a child’s health, or even life, is in danger?  If a child is experiencing medical problems because his or her parent allows them to eat to excess and maintain an inactive lifestyle, should Children’s Services remove a child from that environment?  Doesn’t the situation amount to a form of child abuse that authorities should act upon?  A recent commentary in one of the nation’s most distinguished medical journals, the Journal of the American Medical Association, argues “Yes!”, and it’s causing quite a debate across the country.

The commentary that has generated numerous news stories and blog articles was written by Dr. David Ludwig, an obesity specialist at Harvard-affiliated Children’s Hospital in Boston, and Lindsey Murtagh, a lawyer and researcher at Harvard’s School … Read More... “Extremely Obese Children…Should Their Parents Lose Custody?”

A Child’s College Education – Often a Hidden Cost in Divorce!

college_djv.jpgA divorce often leads to many changes within a family. Recognizing this fact is extremely important, especially when children are involved. Divorcing parents should ask themselves each step of the way what they can do to minimize the negative impact on their children. Parental funding of a child’s college education often becomes a casualty in the process.

A recent study published in the Journal of Family Issues which was led by Ruth N. Lopez Turley, an associate professor of sociology at Rice University, confirms a major disadvantage for children from divorced families: Kids whose birth parents divorce get less financial help with college costs, even if their parents remarry, the study finds.

Parents who stay married to each other meet 77% of the tuition costs and contribute about 8% of their income to their child’s college expenses, according to the study of 2400 undergraduate students. Not surprisingly, especially to most divorce lawyers, parents’ contributions to college costs fall after a divorce. Divorced parents meet only 42% of their children’s financial needs and contribute only about 6% of their income.

But divorced parents who later remarry continue to lower funding levels meeting just 53% of their children’s needs and … Read More... “A Child’s College Education – Often a Hidden Cost in Divorce!”

ELDER LAW UPDATE: The Legal Implications of Multiple Generations Living Under One Roof

gen_roof.jpgDue to the sputtering economy, the baby boomer generation approaching retirement age, and the ever increasing life expectancy, multi-generational households are becoming more common than they have been in decades.  Due to the need to combine family incomes or in order to take care of an elderly or ill relative, grandparents, parents and children are sharing living space in increasing numbers.  According to the Pew Research Center in Washington, D.C., in 2008, 49 million Americans or 16 percent of the population lived in households with at least two adult generations, an increase of 17 percent from 2000.  This trend comes with numerous legal implications and issues, some of which are discussed below.

When a parent and adult child choose to live together, numerous elder law and estate planning issues arise. First, Medicaid issues need to be considered.  What if a parent contributes money for the child to add an addition to the child’s home for the parent to live in?  This could be construed as a gift that might affect parent’s eligibility for Medicaid if this becomes necessary within the next five years.  What if parent and child purchase a home together?  If parent is on the deed, parent’s ownership … Read More... “ELDER LAW UPDATE: The Legal Implications of Multiple Generations Living Under One Roof”

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