marriage issues Archives - Page 17 of 24

Children’s Extracurricular Activities Appropriate Or Excessive?

This is the first of a two-part series dealing with children’s extracurricular activities. Next week, I will address the impact the divorce may take on a child’s extracurricular activity schedule when the parents have conflicts with each other.

There is no doubt that extracurricular activities can be very beneficial to a child. According to a recent study by the Nellie Mae Education Foundation, children who participate in after-school programs are more engaged and have a better attitude about learning, perform better academically and enjoy an increased sense of accomplishment, competence and self-esteem. Additionally, participation also lowers children’s risk of becoming depressed, using drugs and alcohol, and experiencing other behavioral problems.

Recently, while researching this topic, I came across an excellent article about how to choose after-school activity(ies) for children at www.scholastic.com. It also gives a breakdown discussing appropriate types and numbers of activities per week which are recommended based on the age and maturity of the child starting with kindergarten through middle school. The article offers advice which will help a parent determine if it is time for their child to start an extracurricular activity, what’s the best option and how to find a good program.

Recently, Gregory Ramey, … Read More... “Children’s Extracurricular Activities Appropriate Or Excessive?”

Military Divorces – Factors To Consider Other Than Military Pensions

In April, one of our Family Blog Articles focused upon the division of military pensions. The focus of this article is upon other benefits available to former spouses of military members. Those potential benefits include the following:

A. Commissary Benefits: Commissary is defined as “a store, as in an army camp, where food and supples are sold”. The Commissary at Wright Patterson Air Force Base is a very large “grocery store” with all the amenities and the usual departments to include: Meat/Fish/Poultry, Fresh Produce, Bakery, Deli, Frozen Food Products, Canned Food Products, Paper Products, Cereal and Grain Products. The primary benefit to the former spouse is that the prices are much less expensive than prices at local grocery stores. Shopping there is a true benefit in terms of dollars saved!

B. Base Exchange Benefits: The Base Exchange is similar to a large department store having the following departments: Men’s Clothing, Women’s Clothing, Children’s Clothing, Shoes, Make-Up, Gifts, Jewelry, Television Sets and Electronics, Small Appliances, and other Miscellaneous Departments. As in Item A. above, the prices are less expensive than prices at local department stores providing another true benefit in terms of cost savings.

C. Base Hospital and Medical Benefits: This … Read More... “Military Divorces – Factors To Consider Other Than Military Pensions”

Ohio Domestic Violence Proceedings – The Survey Says . . .

This is a follow-up to my recent article about Ohio Domestic Violence and the impact it can have on individuals. I decided to write this article to help educate the public about Domestic Violence proceedings in Ohio and what people should know when filing a petition or responding to a petition. After conducting an informal survey, I discovered that there are many important issues that people need to consider when dealing with a Petition for Domestic Violence. I have included some of the items that court personnel wished people knew, including information on the Petition, what is relevant in the proceedings, and the impact that a finding of Domestic Violence can have on an individual.

When filing a Petition for Domestic Violence, it is important to be specific. The main reason for this is that the other party has due process rights under the Constitution, and he or she is entitled to adequate notice of the allegations. Most courts will provide a petition form that you would need to complete. When you fill out the form, it will ask you questions about the alleged incident(s). Be sure to list sufficient information to put the other party on notice of what … Read More... “Ohio Domestic Violence Proceedings – The Survey Says . . .”

Dividing Military Pensions

Because our law practice is in close proximity to Wright-Patterson Air Force Base (“WPAFB”) and because I am a “former” military spouse (who receives a fifty percent (50%) share of my former spouse’s military pension), a decision was made to add several articles to our Family Law Blog Site related to special considerations which must be made in assisting a military member and/or his/her spouse in the termination of their marriage. This is the first article having special emphasis on the division of military pensions.

Historically, it is important to note that military pensions were not always subject to division. In 1981, in a decision that was hailed by military members and greatly criticized by their former spouses, the Supreme Court of the United States in McCarty v. McCarty, 453 U.S. 210 (1981), decided that military pensions were NOT marital property or community property; and as such, were not subject to division between spouses going through a divorce or dissolution. In response to pressure from former spouses and other supportive groups, in 1982 the Congress drafted and passed corrective legislation known as the Uniformed Services Former Spouses’ Protection Act (“USFSPA”) to nullify the holding in McCarty v. McCarty. … Read More... “Dividing Military Pensions”

Divorce Calculator—We have an App for That!

Recently, while doing some research for another blog article, I came across a “divorce calculator” posted on the divorce360.com website. With their permission, I have added it to this article below. The calculator is intended for first marriages only. The calculator works by comparing peoples’ backgrounds to yours. You and your spouse might well end up with two different calculation percentages because each of you comes from different backgrounds. The website advises that the best way then to determine your risk for divorce as a couple is to average the two percentages together. The statistical information they use comes from “historical data based on information given by real people and collected as part of the U.S. Census”. Click here to read more about the calculator.

I am, of course, not in a position to comment on the accuracy of the calculations. There are, of course, many other important factors which are not taken into consideration by the calculator which could alter the percentages considerably. Nonetheless, check it out if you want.

I wonder if the new iPhone I see advertised on television (which says it has 25,000 applications available) has an App for this too.

Robert L. Mues

Attorney

Did Your Ex-Spouse Take the Easter Baskets? Resurrection After the Crucifixion of Divorce…

Holidays for those that have become divorced can be very difficult times. Easter is no exception. Have old memories of good times and happiness morphed into feelings of anger, regret and pain? We all know that Easter, in its most religious meaning, is the celebration of the resurrection of Jesus Christ. Some European countries stop the daily ringing of the church bell on Thursday in memoriam of the death of Jesus Christ. The daily tradition begins once again the early morning hours of Easter Sunday in commemoration of the resurrection. Devout Christians in America celebrate Easter in the spiritual manner, as do devout Christians all over the world.

But regardless of your religious beliefs, from a practical standpoint, Easter is about forgiveness, life, and in a sense, everlasting life. For those of us, however, who think about Easter in terms of the Easter Bunny, coloring eggs, surviving sugar-crazed kids, or spring break, Easter can still be a time of reflection and resurrection. If you feel that you have not been able to transition well from your divorce and are stuck in a negative emotional “time warp”, isn’t it time to commit to making a positive change? Or, in a sense, … Read More... “Did Your Ex-Spouse Take the Easter Baskets? Resurrection After the Crucifixion of Divorce…”

Who Says, I Can’t Own a Gun?

It isn’t every day that a Family Law issue makes it all the way up to the United States Supreme Court. Last month, however, the Court issued a decision in United States v. Hayes that could have a far-reaching impact on Domestic Relations and Criminal Law in Ohio and elsewhere. A lot of people realize that Federal law prohibits anyone who has been convicted of a misdemeanor crime of domestic violence from possessing a firearm or ammunition. But now, after the Hayes decision, many more people are barred from possessing a firearm or even ammunition!

The Court’s decision in Hayes makes it so that an individual can be convicted of the Federal weapons prohibition statute even without having been convicted of a crime of domestic violence. Most domestic violence laws are written in a manner that one of the requirements necessary to convict is proof that there was a “domestic relationship”. There are many other crimes of violence where a “domestic relationship” between the defendant and victim is not an element for a conviction. The Supreme Court held that a “domestic relationship, although it must be established beyond a reasonable doubt in a § 922(g)(9) firearms possession prosecution, need not … Read More... “Who Says, I Can’t Own a Gun?”

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